Dáil Éireann Debate, Tuesday - 2 November 2004
250 Caoimhghín Ó Caoláin asked the Tánaiste and Minister for Health and Children if thousands of persons over 70 have been charged illegally for nursing care despite their exemption from such charges under the Health (Miscellaneous Provisions) Act 2001; the way in which it is proposed to reimburse those affected; and if she will make a statement on the matter. [27182/04]
Amharc ar fhreagraCentral to our system of publicly funded long-term care is the principle that it is fair and reasonable, and that those who can afford to contribute to the cost of their long stay care should do so. The health strategy reinforces this point and states that:
It is recognised that quality care is expensive and that the bulk of the cost of providing a high standard of quality care should be borne by the Exchequer. Nonetheless, it is fair that all those in receipt of publicly provided residential long-term care should make some payment towards accommodation and daily living costs, if they can afford to do so, just as they would if they were living in the community. This principle supports the aim to provide as high-quality a service as possible and to make the most equitable use of resources and thus to help maximise the availability of these services.
The position in this matter reflects this approach. Charges for long-stay care in health board institutions may be raised under either of two sets of regulations. The Health (Charges for In-Patient Services) Regulations 1976, as amended by the Health (Charges for In-Patient Services) (Amendment) Regulations 1987, enable charges to be made towards the cost of providing hospital inpatient services for persons with income who have been in receipt of such services for more than 30 days or for periods totalling more than 30 days within the previous 12 months. The regulations provide that a charge is made at a rate not exceeding a person's income. Medical card holders and persons with dependants are exempt from these charges. Charges may also be made under the Institutional Assistance Regulations 1965, where the patient receives "shelter and maintenance" rather than treatment. These charges apply from the date of admission and are payable by all patients who are in receipt of incomes, including medical card holders and persons with dependants.
In deciding the amount to be contributed, health boards have regard to the person's individual circumstances. Allowance is made for any financial commitments the person may have and a reasonable amount is left to meet the person's personal needs. Charges would be waived if, in the opinion of the chief executive officer of the relevant health board, payment would cause undue hardship.
Arising from concerns with regard to the current practice of charging, bearing in mind the provision of the Health (Miscellaneous Provisions) Act 2001, which extended on a statutory basis full eligibility for services to those aged 70 and over, I have referred the matter to the Office of the Attorney General for advice.
