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Dáil Éireann debate -
Wednesday, 3 Jun 1992

Vol. 420 No. 6

Written Answers. - Nursing Homes Act Regulations.

Michael Finucane

Question:

146 Mr. Finucane asked the Minister for Health the progress which is being made in the implementation of the regulations of the Nursing Homes Act, 1990 by the Mid-Western Health Board; and if he will make a statement on the matter.

Michael Finucane

Question:

148 Mr. Finucane asked the Minister for Health if he will outline the progress on the implementation of the regulations of the Private Nursing Homes Act, 1990, for the Mid-Western Health Board area as the present situation is unfair and unjust to those private nursing homes who do not receive a subvention; and if he will make a statement on the matter.

I propose to take Questions Nos. 146 and 148 together.

The Health (Nursing Homes) Act, 1990 and the new Regulations under the Act, will establish a new legal framework for the regulation of nursing homes by health boards and a new system for the payment of subvention to dependent persons in care in nursing homes. Four sets of detailed regulations have to be drafted under the Act before it can be implemented. Two sets of draft regulations — the Care and Welfare Regulations, which deal with the standards of accommodation and care in nursing homes, and the Boarding Out Regulations, which set out the conditions for boarding out under the new legislation, have already been agreed with nursing home interests and groups representing the elderly.

Two further sets of Regulations have to be finalised before the new Nursing Homes Act can be implemented. These are the Nursing Home Subvention Regulations and the Nursing Home Fees Regulations. The drafting of these Regulations is at an advanced stage. It is my intention to begin discussions on these Regulations with nursing home interests and groups representing the elderly as soon as possible.

It is recognised that the current system of subvention is unsatisfactory as patients in some nursing homes are not entitled to receive a subvention under existing arrangements. This is the case for some private nursing homes in all health board regions, including the Mid-Western Health Board.

The new Nursing Homes Act and Regulations address the problem of providing for a more equitable system of subventing nursing home care based on an assessment of the means and dependency of the elderly person. One of the principal objectives of the new legislation is to provide for the payment of subvention to any registered nursing homes according to standard criteria. The new legislation provides that patients who qualify for a nursing home subvention may choose which registered nursing home to enter. Any nursing home which meets the standards of accommodation and care under the new regulations will be registered by the health board. In this way, the inequities in the current system of subvention will be removed. The new system of subvention will be implemented by all health boards including the Mid-Western Health Board at the same time.
It is my intention to bring the new nursing homes legislation into effect as soon as possible.
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