I am concerned about the issue raised by the Deputy. As the Deputy is aware I commenced the Health (Nursing Homes) Act, 1990 on 1 September 1993. The Act was accompanied by a number of regulations which also came into effect on the same date.
Under the Health (Nursing Homes) Subvention Regulations, 1993, a nursing home proprietor may not seek an additional payment from a person who is in receipt of a health board subvention for any service which is considered to be essential to the maintenance of a person in a nursing home and common practice in nursing homes. A service which is considered to be essential to the maintenance of a person in a nursing home and common practice in most nursing homes under the regulations includes bed and board, nursing care appropriate to the level of dependency of the person, incontinence wear and bedding, laundry service and aids and appliances necessary to assist a dependent person with the activities of daily living.
Cases where nursing home proprietors have sought additional fees for incontinence wear should be brought to the attention of the relevant health board.
Persons with medical cards in nursing homes before 1 September 1993 are entitled to apply for subvention under the Act and could be advised to apply to their local health board.