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Nursing Homes

Dáil Éireann Debate, Wednesday - 7 July 2021

Wednesday, 7 July 2021

Questions (204)

Carol Nolan

Question:

204. Deputy Carol Nolan asked the Minister for Health the status of his Department’s 2021 output target to establish a nursing home expert panel and report with a view to developing a Bill to enhance the regulation and oversight of nursing homes, including increased enforcement powers and the establishment of a licensing framework for the professional home support providers; and if he will make a statement on the matter. [30664/21]

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Written answers

In August 2020, the Nursing Home Expert Panel (NHEP) report was published which contained 86 recommendations, across 15 thematic areas, many of which will require legislative measures to implement. HIQA also submitted a paper outlining a number of suggested amendments to the legislation governing the operation of designated centres for older people.

Having regard to the NHEP recommendations, learning from the pandemic and HIQA's suggested regulatory enhancements, the Minister for Health and I approved a two-phased approach to examining the legislation with a view to proposing enhancements to the primary and secondary legislation governing nursing homes.

It is envisaged that phase 1 will bring forward interim enhancements to the primary legislative framework to, amongst other things, enhance the governance and oversight of nursing homes and improve the reporting of key operational data to support national planning in an integrated way and improve the information available. In January 2021 the Government approved the inclusion of a Health (Amendment) Bill 2021 on its legislative agenda. It is expected that, subject to Government approval draft Heads of Bill will be published by the end of the year.

In addition, secondary legislation will be drafted to enhance the current regulations in relation to a number of areas including infection prevention and control, governance and management and staffing.

A bilateral project group, established in October 2020 and comprising representatives from the Department and HIQA, is supporting the legislative process.

A wider review of the regulatory framework, phase 2, will commence in the second half of 2022, taking into account a programme of longer-term strategic reform considerations arising from inter alia pandemic learning with a view to exploring moving towards a service licensing system. HIQA has been requested to undertake an up-to-date international evidence review of nursing home regulatory models to support and inform the wider review. Engagement between the Department and HIQA on the research proposal and methodology is ongoing.

In relation to the home support sector, the Department is currently developing a regulatory framework for home support providers with the aim of ensuring that all service users are provided with a standard, high quality level of care. This framework will comprise (i) primary legislation for the licensing of public and private home support providers; (ii) minimum requirements (regulations); and HIQA National Standards for Home Support Services

On 27 April 2021, Government gave approval to draft a General Scheme and Heads of a Bill to establish a licensing framework for home support providers. This will be progressed as a priority by the Department with a view to bringing it through the Houses of the Oireachtas at the earliest opportunity.

It is expected that the primary legislation will give the Minister for Health the power to make regulations in respect of minimum requirements which will form the criteria against which a provider’s eligibility to hold a licence will be determined.

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