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Nursing Homes

Dáil Éireann Debate, Wednesday - 11 October 2023

Wednesday, 11 October 2023

Questions (239)

Patricia Ryan

Question:

239. Deputy Patricia Ryan asked the Minister for Health if he has plans in place for the residents of a nursing home (details supplied) which is due to close imminently; if he liaised with the HSE to find a suitable property; the plan that is in place; and if he will make a statement on the matter. [44471/23]

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Written answers

On 26 September 2023, HIQA’s Chief Inspector of Social Services issued a notice of decision to cancel the registration of Belgooly Nursing Home. Aperee Living Belgooly Ltd has until 25 October to notify the Chief Inspector whether it intends to appeal this decision in the District Court.

If the decision to cancel takes effect the HSE will operate the centre until all residents have been supported to find alternative accommodation.

Cancellation of the registration of a nursing home is not the same as closure. When the Chief Inspector cancels the registration of a nursing home, under section 51 of the Health Act (2007) the HSE is required to take charge of the nursing home until such time as alternative homes are found for all residents and they are safely discharged. The Chief Inspector has been in close contact with the HSE since the notice of decision to cancel was issued.

The decision to cancel the registration of a designated centre is taken very seriously and after much deliberation. HIQA engaged in a series of inspection visits to Aperee nursing homes. Six of these are detailed in the publication of Thursday, 7 September on the HIQA website. Across all these Aperee facilities, the Chief Inspector is concerned about the registered provider’s ability to sustain a safe, quality service.

There has been ongoing regulatory engagement between HIQA and Aperee, including provider meetings, and cautionary and warning meetings in relation to governance, management and fire safety.

Further inspections have been completed over the summer period and further engagement with the group has taken place. Many of these are unannounced inspections, which I note are an important part of the inspection process. I fully support HIQA in this approach.

HIQA inspections have uncovered financial irregularities in relation to residents’ incomes within six nursing homes in the Aperee Group.

The Chief Inspector will use all powers available to her office to perform the necessary functions to investigate this under the Regulations and Health Act 2007. The Chief Inspector is fully supported by both the Minister of Health and myself, who will provide the necessary resources and supports.

A HIQA inspection report for Aperee Living, Belgooly nursing home highlighted very significant and concerning issues. Inspectors were concerned about the governance and management of the centre especially in areas of residents’ finances, and in areas of continued non-compliance, particularly fire safety management and premises issues, which had not been addressed by the provider.

A restrictive condition had already been attached to the registration of the centre in March, to stop further admissions until the fire safety works were completed. This condition was put in place to protect current, and any future residents. At the time of the inspection no substantial fire safety works had commenced.

The report also found, upon review, additional non-compliances from the previous inspection that had not been acted upon in the intervening period. Further action was necessary regarding regulations on infection control, staffing, care planning, health care, nutrition, and residents' rights. 

In the event the Chief Inspector has ongoing concerns about the safety of residents, she can apply to the District Court for a more immediate order to close the nursing home. If this order was granted, the HSE would be required to take over the operation of the nursing home with immediate effect, sooner than the above date.

When nursing homes close ensuring the welfare and safety of residents is essential. 

It should be noted that the HSE has a statutory responsibility as provider of last resort and will continue to support families in situations where a private nursing home is no longer able or willing to provide care under Fair Deal to a loved one. The HSE have been informed and are working closely with Aperee Belgooly, the residents and their families to ensure an orderly transition of the residents to alternative nursing homes. 

In May 2023, the centre had 54 residents in situ; with assistance from the HSE, there are under 20 residents still in care at this facility.

As Minister with special responsibility for Mental Health and Older People, I am deeply concerned at the level of non-compliance in evidence from the Aperee inspection reports. The welfare of the residents is at the forefront of my concerns, and I fully support HIQA in upholding these vitally important regulatory standards.

Residents and their families must be consulted and given appropriate notice so that new homes can be found when nursing homes intend to close, when they cease participating in the Nursing Homes Support Scheme (NHSS) or where registration has been cancelled and closure orders have been secured by HIQA. This ensures that residents can move in a safe, planned way.  

Pending these alternative arrangements, the HSE, either with the consent of the registered provider or by order of the District Court, shall take the charge of the designated centre to ensure safe and appropriate care of the residents. 

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