Vol. 561 No. 1
354 Ms O. Mitchell asked the Minister for Health and Children when legislation is planned to resolve the ambiguity which exists between eligibility and entitlement to a nursing home subvention; and if he will make a statement on the matter. [3369/03]
As the Deputy is aware, the ombudsman in his report on the nursing home subvention scheme asserted that, under the 1970 Health Act, any person in need of nursing home care has a statutory entitlement to the provision of this service by a health board.
As my Department advised the ombudsman in its response to the draft Report of the Ombudsman, its view is that the Health Act 1970, as amended, distinguishes between eligibility for a service and entitlement to a service, although the two terms are often used interchangeably. This view is supported by legal advice available to my Department.
The health strategy acknowledges the need to clarify and simplify eligibility arrangements and sets down a commitment to introduce new legislation to provide for clear statutory provisions on entitlement for health and personal social services. As part of the implementation process, a review of all existing legislation is ongoing in my Department. The outcome will inform the approach to the drafting of a new legislative framework on entitlements. I expect that this review will be completed in the current year and that proposals for reform will be submitted to Government.
Question No. 355 answered with Question No. 325.
