All relevant implications arising from this proposal will obviously have to be taken into account including, for example, recent reports by the Law Reform Commission in relation to various aspects of
professional Home Care and Carers in general.
Primary legislation and resources will be required for the introduction of a statutory regulation system for home care services. The question of possible changes to legislation, including regulation and inspection, for Home Care services for older people is at present under consideration. The Department is examining this matter in the overall context of the licensing of Health Care providers. Legislation is currently being prepared and various options are being considered, including the complex legal issues involved, and the need to prioritise legislation across the Social Care area overall.
Statutory regulation or licensing is only one way of improving the safety and quality of services and that other measures have or are being taken to improve Home Support services delivered by, or on behalf of, the Health Service Executive (HSE). This approach is reflected in the HSE Service Plan 2012, and includes a new public Procurement Framework for Home Care services (with quality and screening requirements); new National Quality Guidelines for Home Support Services, and new National Home Help Guidelines . These various measures, taken together, have been designed to improve relevant aspects of HSE Home Care provision nationally, pending progression of the legislative proposals raised by the Deputy. In particular, non-statutory agencies at present providing Home Care on behalf of the HSE must comply with the criteria laid down under the current procurement arrangements including, for example, service level agreements.
The Deputy will be aware that, outside of the existing procurement arrangements that the HSE has with certain non-statutory providers, these providers, or others, may compete in a growing sector in relation to Home Care for Older People. Such companies would obviously be subject to the normal requirements governing the operation of business, including those governing profits and minimum wage.
