Vol. 548 No. 5
298 Ms O'Sullivan asked the Minister for Health and Children the action he proposes to take in response to the opinion of the Ombudsman, as expressed in his report on nursing home subvention, that patients have a right to free long-stay care, if required, under the Health Act; and if he will make a statement on the matter. [5910/02]
The report of the ombudsman on the nursing home subvention scheme raised certain questions about older persons' entitlement to services. The ombudsman outlined his interpretation of the Health Act, 1970, which is that any person in need of nursing home care has a statutory entitlement to the provision of that service by a health board. My Department's position, based on legal advice which it received, is at variance with the view expressed by the ombudsman. What is clear is that the uncertainty that undoubtedly exists in relation to eligibility and entitlement should be resolved. The new health strategy acknowledges this and indicates that the position in relation to eligibility will be reviewed with legislative proposals aimed at bringing clarity to the situation to be brought forward in 2002.
Question No. 299 answered with Question No. 229.
