In respect of people availing of public long-stay care, charges can be made under two regulations. They can be made under the Health (Charges for In-Patient Services) Regulations, 1976, as amended by the Health (Charges for In-Patient Services) (Amendment) Regulations 1987. These regulations enable charges to be made towards the cost of providing hospital in-patient services for persons with income who have been in receipt of such services for more than 30 days or for periods totalling more than 30 days within the previous 12 months. The regulations provide that a charge is made at a rate not exceeding the person's income. Medical card holders and persons with dependants are exempt from these charges.
Charges may also be made under the Institutional Assistance Regulations 1965 where the patient receives shelter and maintenance rather than treatment. These charges apply from the date of admission and are payable by all patients who are in receipt of incomes, including medical card holders and persons with dependants.
The health strategy, Quality and Fairness — A Health System for You, acknowledges the need to clarify and simplify eligibility arrangements and sets down a commitment to introduce new legislation to provide for the introduction of clear statutory provisions on entitlement and eligibility. A review of all existing legislation in this area has been carried out in my Department which will inform the approach to the drafting of the new legislation in this area.
As part of the overall clarification of entitlements as promised in the health strategy, taking account of other work relating to this area such as the work of the working group on the nursing home subvention scheme, my Department will be attempting to resolve the current differences in approach between the consideration of individuals' ability to pay under various regulations in this area.
With regard to the particular case referred to by the Deputy, I will make inquiries to the Eastern Regional Health Authority and reply further to the Deputy once the relevant details have been received.
