Vol. 566 No. 1
64 Mr. McGinley asked the Minister for Health and Children when it is intended to clarify the ambiguity which exists between eligibility and entitlement in respect of nursing home subvention and direct provision of nursing home care; and if he will make a statement on the matter. [11921/03]
As the Deputy is aware, the Ombudsman, in his report on the nursing home subvention scheme, asserted that, under the Health Act 1970, any person in need of nursing home care has a statutory entitlement to be provided with this service by a health board. The Ombudsman's interpretation of the provisions of Health Act 1970, as amended, in relation to a person's entitlement to be provided with in-patient services by a health board is at variance with my Department's view on this matter and this view is supported by legal advice available to my Department. My Department advised the Ombudsman prior to the publication of his report of its view 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 which can lead to confusion.
The nature of the obligation imposed on health boards under the Health Act 1970 to make available in-patient services is not such as to confer an entitlement on an individual to be provided with such services in so far as this may be taken to mean a legally enforceable right capable of being enforced by mandatory order.
The health strategy acknowledges the need to clarify and simplify eligibility arrangements for health services, including in-patient services, and it sets down a commitment to introduce new legislation to provide for clear statutory provisions on eligibility for health and personal social services. As part of the implementation process, a review of all existing legislation is currently under way in my Department. The outcome of the review will inform the approach to the drafting of a new legislative framework on eligibility and I expect that this review will be completed shortly.
