Dáil Éireann Debate, Tuesday - 23 November 2004
206 Ms Cooper-Flynn asked the Tánaiste and Minister for Health and Children when she intends to bring in new legislation to update and codify the legal framework for eligibility and entitlements in regard to the health services; and the title of the new legislation. [30236/04]
View answerAs the Deputy is aware, my Department is committed to the preparation of new legislation to update and codify the entire legal framework for eligibility and entitlements in regard to health services. 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 new legislation in this area. As part of this exercise, my Department will be attempting to resolve the current differences in approach in the consideration of individuals' ability to pay under the various regulations in this area.
It should be noted that central to our system of publicly funded long-term care is the principle that it is fair and reasonable that those who can afford to contribute to the cost of their long stay care should do so. The health strategy reinforces this point and states that:
It is recognised that quality care is expensive and that the bulk of the cost of providing a high standard of quality care should be borne by the Exchequer. Nonetheless, it is fair that all those in receipt of publicly provided residential long-term care should make some payment towards accommodation and daily living costs, if they can afford to do so, just as they would if they were living in the community. This principle supports the aim to provide as high quality a service as possible and to make the most equitable use of resources and thus to help maximise the availability of these services.
Arising from concerns about the current practice of charging for long-stay care in health board institutions, this matter is being examined with regard to advice recently received from the Office of the Attorney General with a view to early clarification. The issue will be given priority in the context of legislative changes on eligibility.
