Dáil Éireann Debate, Tuesday - 6 July 2004
358 Mr. P. McGrath asked the Minister for Health and Children the progress which has been made in implementing the recommendations of the Ombudsman’s report on nursing home care for the elderly having regard to the Ombudsman’s view that these were entitled to free hospital and nursing home care. [20219/04]
Amharc ar fhreagraAs the Deputy will be aware, the Ombudsman, in his report on the nursing home subvention scheme, asserted that under the Health Act 1970, any person in need of nursing home care has a statutory entitlement to the provision of this service by a health board. As my Department advised the Ombudsman in its response to the draft report of the Ombudsman, its view is that the Health Act 1970, as amended, distinguishes between eligibility for and entitlement to a service, although the two terms are often used interchangeably. This view is supported by legal advice available to my Department.
The health strategy, Quality and Fairness: A Health System for You, acknowledges the need to clarify and simplify eligibility arrangements and sets down a commitment to introduce new legislation to provide for the introduction of clear statutory provisions on entitlement and eligibility. A review of all existing legislation in this area has been carried out in my Department which will inform the approach to the drafting of new legislation in this area.
As the Deputy will be aware, my Department has established a working group including representatives of all stakeholders to review the operation and administration of the nursing home subvention scheme following on from the publication of Professor Eamon O'Shea's report, Review of the Nursing Home Subvention Scheme. The purpose of the review is to develop a scheme which will be transparent, offer a high standard of care for clients, provide equity within the system to include standardised dependency and means testing and be less discretionary; provide both a home and nursing home subvention depending on need; be consistent in implementation throughout the country; and draw on experience of the operation of the old scheme.
As part of the overall clarification of entitlements as promised in the health strategy and in tandem with the work of the working group on the nursing home subvention scheme, my Department will be attempting to resolve the current differences in approach between the consideration of individuals' ability to pay under the various regulations in this area.
