The Health Act 2007 (Care and Welfare of Residents in Designated Centres for Older People) Regulations 2013 provide that nursing home operators must agree a contract with each resident on admission. This contract must include the terms on which that resident shall reside in the home. It must include details of the services to be provided to the resident and the fees to be charged for such services. Residents should not be charged fees which are not set out in the contract.
In addition, the
Health Information and Quality Authority has developed National Quality Standards for Residential Care Settings for Older People which have been approved by the Minister for Health. Standard 7 requires that each resident has a written contract. The supporting criteria to the Standard indicate that the contract should include the terms and conditions relating to the period of occupancy, the period of notice to leave, and the circumstances in which the resident can be discharged or the contract terminated.
The HSE is not a party to such contracts, which are concluded between each resident and their nursing home.
