Written Answers Nos. 122-127
122. Deputy Shane Ross asked the Minister for Health the legal situation regarding disputes over next of kin rights in public and private hospitals; the rights of siblings in terms of consultation regarding care of an incapacitated parent; if medical staff always have a final say as to whether an ill person who is not of sound mind is better cared for within a hospital setting or in a family home; and if he will make a statement on the matter. [2396/16]
View answerIn May 2014, the HSE published the National Consent Policy. The Policy is concerned with consent to a treatment or intervention conducted by or on behalf of the HSE on patients or service users in all locations. The Policy notes that, in line with the Constitution, European human rights law and ethical standards, consent must be obtained for medical examinations, treatments, services or investigations.
There is no legislation governing disputes regarding rights of next of kin. The HSE National Consent Policy explains that, under Irish law, a family member cannot give or refuse consent to a health or social care service on behalf of an adult patient who lacks capacity, unless the family member has a specific legal authority to do so. Such legal authority includes if the patient has been made a Ward of Court or is the subject of an enduring power of attorney which covers the decision in question.
In making a decision about the care and treatment of a person who lacks capacity, a health and social care professional must determine what treatment or intervention is in the best interest of the patient, with reference to the patient's values and preferences if known.
While family members who do not have a specific legal authority to give or refuse consent cannot make decisions regarding the patient's treatment, the National Consent Policy advises that it may be helpful for the health and social care professional to involve family members in the decision-making process to provide insight into the patent's previously expressed views and preferences and to outline what they believe the patient would have wanted.
The HSE's National Consent Policy may be found at the following link: http://www.hse.ie/eng/about/Who/qualityandpatientsafety/National_Consent_Policy/consenttrainerresource/trainerfiles/NationalConsentPolicyM2014.pdf
The recently enacted Assisted Decision-Making (Capacity) Act 2015 will enable a person (while he or she still has capacity) to prepare an advance healthcare directive in relation to his or her future treatment, which could also include appointing a designated healthcare representative. Under this legislation a person with capacity can also provide for an enduring power of attorney to make certain decisions on his or her behalf should he or she lack capacity in the future. Where a person lacks capacity, the Act provides that the Court may make certain decisions directly on that person's behalf or appoint a decision-making representative to make such decisions. Once commenced the provisions of this Act will replace the existing system of Wardship.
The rights of nursing home residents are protected by the HIQA National Quality Standards, underpinned by the Health Act 2007 (Care & Welfare of Residents in Designated Centres for Older People) Regulations.
123. Deputy Brian Stanley asked the Minister for Health when the report on the Abbeyleix hospital and the Shaen hospital, completed in August 2012, will be published. [2407/16]
View answerAs this is a service matter it has been referred to the Health Service Executive for direct reply. If you have not received a reply from the HSE within 15 working days please contact my Private Office and it will follow up the matter with the executive.
124. Deputy Brendan Smith asked the Minister for Health if he will provide adequate funding to training centres (details supplied) to enable them to continue the weekly payment of €15 to each trainee; and if he will make a statement on the matter. [2408/16]
View answerAs the Deputy's question relates to service matters, I have arranged for the question to be referred to the Health Service Executive (HSE) for direct reply to the Deputy. If the Deputy has not received a reply from the HSE within 15 working days, he can contact my Private Office and it will follow the matter up with the HSE.
125. Deputy Brian Stanley asked the Minister for Health if the report on the accident and emergency unit in the Midland Regional Hospital, Portlaoise, County Laois has been completed, and when it will be made available. [2409/16]
View answerThe Department and HSE are committed to securing and further developing the role of Portlaoise Hospital. The future of the hospital is as a constituent hospital within the Dublin Midlands Hospital Group. That Group also includes St James's, Tallaght, Tullamore; Naas and the Coombe Hospitals. The Dublin Midlands Hospital Group is currently working to finalise the development of a draft plan on future services, including Emergency Services, at the Midland Regional Portlaoise Hospital. The plan will be informed by three reports by HIQA, the HSE and Chief Medical Officer (CMO) which all recommended enhancements to services at the hospital.
The primary goal is to provide high-quality sustainable patient care at the hospital. Central to achieving this goal is ensuring that all improvements are informed by local views, including those of GPs and patients. While initial consultations have taken place, further and extensive engagement is planned. This will include GPs, patients, hospital staff, elected representatives, all local support services and the general public.
Any change to services at Portlaoise Hospital will be undertaken in a planned and orderly manner and will take account of existing patient flows, demands in other hospitals and the need to develop particular services at Portlaoise in the context of overall service reorganisation in the Dublin Midlands Hospital Group.
In relation to your specific query on the report on the Accident and Emergency Unit in the Midland Regional Hospital, as this is a service matter, I have asked the HSE to respond to you directly. If you have not received a reply from the HSE within 15 working days please contact my Private Office and my officials will follow the matter up.
126. Deputy Michael Healy-Rae asked the Minister for Health the status of an operation for a person (details supplied) in County Kerry; and if he will make a statement on the matter. [2420/16]
View answerUnder the Health Act 2004, the Health Service Executive (HSE) is required to manage and deliver, or arrange to be delivered on its behalf, health and personal social services. Section 6 of the HSE Governance Act 2013 bars the Minister for Health from directing the HSE to provide a treatment or a personal service to any individual or to confer eligibility on any individual.
The National Waiting List Management Policy, A standardised approach to managing scheduled care treatment for in-patient, day case and planned procedures, January 2014, has been developed to ensure that all administrative, managerial and clinical staff follow an agreed national minimum standard for the management and administration of waiting lists for scheduled care. This policy, which has been adopted by the Health Service Executive, sets out the processes that hospitals are to implement to manage waiting lists.
In relation to the particular query raised, as this is a service matter, I have asked the HSE to respond to you directly. If you have not received a reply from the HSE within 15 working days please contact my Private Office and my officials will follow the matter up.
127. Deputy Michael Healy-Rae asked the Minister for Health the status of the rheumatology department in Tralee General Hospital in County Kerry; and if he will make a statement on the matter. [2422/16]
View answerAs this is a service matter, I have asked the HSE to respond to you directly. If you have not received a reply from the HSE within 15 working days please contact my Private Office and my officials will follow the matter up.
