As the Deputy is aware, sections 22.3 and 22.4 of the Nursing Home (Subvention) Regulations, 1993, allow health boards the discretion to contract beds in private nursing homes and to pay more than the maximum rates of subvention in such cases. However, the application of these provisions is a matter for each health board in the context of meeting the requirements of the subvention scheme within the board's revenue allocation as notified annually in the letters of determination. This is in keeping with the provisions of the Health (Amendment)(No 3) Act, 1996.
The Southern Health Board has received a significantly increased number of claims from patients for enhanced payments in accordance with Articles 22.3 and 22.4. It is a matter for the board to determine the extent to which it can meet such claims consistent with its requirement to live within its overall revenue allocation and taking account of the fact that such enhanced payments are discretionary. However, in the interest of avoiding hardship to individual patients, my Department has been in regular contact with the board in an effort to find a solution which would take cognisance of the considerations outlined above. This solution involves the payment of enhanced subventions on quite a significant scale.