Brendan Griffin
Question:771. Deputy Brendan Griffin asked the Minister for Health if he will address a matter (details supplied) regarding regulation for certain communities; and if he will make a statement on the matter. [9438/22]
View answerTuesday, 22 February 2022
Questions (771, 801)
Michael Healy-Rae
Question:801. Deputy Michael Healy-Rae asked the Minister for Health if care homes (details supplied) will be regulated by HIQA; and if he will make a statement on the matter. [9644/22]
View answerWritten answers
I propose to take Questions Nos. 771 and 801 together.
The Health Act 2007 established the Health Information and Quality Authority (HIQA) and the Office of the Chief Inspector of Social Services. In doing so, it also provides for a scheme of registration and inspection of residential services for older persons (nursing homes), persons with disabilities and children in need of care and protection. HIQA's functions include the setting of standards on safety and quality in respect of these residential services and the Chief Inspector of Social Services monitors compliance with standards and regulations.In accordance with Section 2 of the Health Act 2007 and Section 2 of the Health (Nursing Homes) Act 1990, premises in which a majority of the residents are members of a religious order or are priests of any religion (religious institutions), are exempted from the provisions of the 2007 Act as they are not ‘designated centres’ as defined in the Act. In the context of the 1990 Act at the time of its passing in the Oireachtas, careful consideration was given to striking a balance between facilitating those religious communities that specialise in providing nursing home care to priests or members of religious orders and excluding those communities that care for their older members within the rules of their religious founders. As such, only a nursing home run by a religious community caring for dependent persons who are in receipt of a subvention from a health board, as it was at that time, was included in the regulatory framework. The Nursing Homes Support Scheme Act 2009 also only recognises registered nursing homes in the context of State support under that Act. The COVID-19 pandemic has identified substantial learning in the context of nursing home services, including the supporting regulatory framework, which requires review. Minister Donnelly and I have determined a phased approach to examining the legislation with a view to enhancing the nursing home regulatory model. Phase 1 is bringing forward interim legislative enhancements aimed at making initial improvements to the regulatory framework. This work is ongoing in my Department and is the priority focus in terms of regulatory reform. The Government included a Health (Amendment) Bill on its legislative agenda, aimed at legislative amendments to enhance the oversight and regulation of nursing homes.Phase 2 will be a wider, root-and-branch review of the nursing home regulatory model, incorporating best practices and guidance established through both a national and international evidence review of nursing home regulatory models. On completion of phase 1, my Department will establish a process for the phase 2 wider review of the regulatory model underpinning nursing homes. To facilitate planning for this, my Department will undertake a scoping exercise in the second half of 2022 to determine the scope of phase 2 of the review. I will ask my officials to consider the issue of religious orders in the context of this scoping work to determine if the issue can be examined in the wider review.
Question No. 772 answered with Question No. 756.