Covid-19 Pandemic

Dáil Éireann Debate, Wednesday - 24 March 2021

Wednesday, 24 March 2021

Questions (1316, 1317, 1318, 1320)

Gerald Nash

Question:

1316. Deputy Ged Nash asked the Minister for Health the reports on deaths and Covid-19 outbreaks HIQA requires from nursing home providers; and if he will make a statement on the matter. [13921/21]

Gerald Nash

Question:

1317. Deputy Ged Nash asked the Minister for Health the methodology, evidence, depth and expertise required in reports on deaths and Covid-19 outbreaks HIQA requires from nursing home providers; and if he will make a statement on the matter. [13922/21]

Gerald Nash

Question:

1318. Deputy Ged Nash asked the Minister for Health if HIQA requires only the view and opinion of the providers and not that of independent experts in the reports on Covid-19 outbreaks and deaths in facilities requested from nursing home providers; if HIQA also seeks alternative independent opinions on the causes of outbreaks and deaths in nursing homes; if not, if it solely accepts the reports of the providers; and if he will make a statement on the matter. [13923/21]

Gerald Nash

Question:

1320. Deputy Ged Nash asked the Minister for Health if it is the policy of HIQA that no inquiry, investigation or examination is needed into any deaths in any nursing home as a result of the Covid-19 pandemic; and if he will make a statement on the matter. [13925/21]

Written answers

Minister of State at the Department of Health

I propose to take Questions Nos. 1316 to 1318, inclusive, and 1320 together.

The Chief Inspector of Social Services within HIQA has statutory responsibility for the registration and inspection of nursing homes and other residential services for children and adults with disabilities. As part of her legal remit, the Chief Inspector can inspect nursing homes and other residential settings and can make binding decisions relating to the safety and quality of care provided to residents following inspection. 

The Chief Inspector has a suite of statutory civil and criminal enforcement tools at her disposal where it is determined that the registered provider is not in compliance with their statutory duties and where the health or welfare of residents are at serious risk. These tools range from the issue of statutory demands for information to the cancellation of registration. Where a registered provider fails to discharge their statutory duties they are liable to prosecution before the courts. 

The person in charge of a nursing home has a legal obligation to submit monitoring notifications to the Office of the Chief Inspector of the occurrence of certain events in the centre, including any case or suspected cases of COVID-19 among residents or staff. 

The duties of the person in charge and the registered provider in relation to these monitoring notifications are set out in the Health Act 2007 (Care and Welfare of Residents in Designated Centres for Older People) Regulations 2013, as amended, specifically in Regulation 31 and Schedule 4.

Monitoring notifications that must be submitted by the person in charge of a nursing home within three days of the event occurring and that are directly relevant to HIQA’s response to COVID-19 include:

- The unexpected death of any resident , including the death of any resident following transfer to hospital from the designated centre; and

- Any outbreak of any notifiable disease, including Covid-19. 

HIQA reviews these notifications daily as an indicator of the extent of COVID-19 outbreaks in individual nursing homes and across the sector.  An established communication pathway ensures that information pertaining to an outbreak is shared in a timely fashion between the HSE crisis management teams and the Office of the Chief Inspector.  

I am advised by HIQA that Inspectors have carried out inspections in many nursing homes either during or following an outbreak. To date the Chief Inspector has not requested the input of an independent expert as it considers Public Health to be the definitive authority in managing this Public Health Emergency.  

HIQA has submitted a document to my colleague, Minister for Health, Stephen Donnelly, which recommends a review of the current legislative and regulatory framework. A bilateral group has been established between officials in my Department and representatives from the Office of the Chief Inspector, for engagement on this matter.  

HIQA encourages every provider who has experienced an outbreak of COVID-19 in their centre to complete a post outbreak review and to ensure that any learning from an outbreak is actioned.  In addition, each registered provider is required to complete an annual review of the quality and safety of care delivered to residents in the designated centre to ensure that such care is in accordance with relevant standards set by the Authority.