Dáil Éireann Debate, Thursday - 24 February 2005
105 Mr. Penrose asked the Tánaiste and Minister for Health and Children if persons who were accommodated in private nursing homes over the years and were charged and had their pensions retained to help discharge payments due, will be considered for refunds under the recent judgment from the Supreme Court; and if she will make a statement on the matter. [6476/05]
Amharc ar fhreagraMy Department is studying the Supreme Court judgment in detail and will take on board all the consequences for policy and law arising from it. A special Cabinet sub-committee comprising the Taoiseach, Deputy Bertie Ahern, the Minister for Finance, Deputy Cowen, the Attorney General, Mr. Brady, and myself has been established to consider the issue of repayment in light of the judgment.
Persons who were in publicly contracted beds in private nursing homes are covered by the terms of the Supreme Court judgment. The Health (Nursing Homes) Act 1990 regulates the private nursing home sector. Under the nursing home subvention regulations, the HSE is empowered to make a financial contribution to an individual towards the cost of his or her private nursing home care provided he or she qualifies on means and dependency grounds. In the case of private nursing home care the contract of care is between the individual and the private nursing home owner. Accordingly, the provisions of the Supreme Court judgment do not apply to individuals in private nursing homes who entered homes under the nursing home subvention scheme.
106 Mr. O’Shea asked the Tánaiste and Minister for Health and Children if, in view of the recent Supreme Court decision regarding the illegal imposition of charges on residents of nursing homes, it is the intention to give compensation in cases in which the person who paid the charges is deceased, to the lawful heirs of that person; if it intended to pay interest as part of the compensation; if it is intended to invoke the statute of limitations in regard to the compensation; and if she will make a statement on the matter. [6478/05]
Amharc ar fhreagraMy Department is studying the Supreme Court judgment in detail and will take on board all the consequences for policy and law arising from it. A special Cabinet sub-committee comprising the Taoiseach, Deputy Bertie Ahern, the Minister for Finance, Deputy Cowen, the Attorney General, Mr Brady, and myself has been established to consider the issue of repayment in light of the judgment. Full details of a repayment scheme will be announced as soon as possible.
107 Ms O. Mitchell asked the Tánaiste and Minister for Health and Children the full amount deducted from pensions of patients in State operated nursing homes in each year for the past six years. [6772/05]
Amharc ar fhreagraIn submissions for the Supreme Court's consideration of the constitutionality of the Health (Amendment) No. 2 Bill 2004, my Department provided estimates of the overall amounts deducted from people in publicly funded long-term residential places since 1976, based on the information available at the time. The amount estimated in relation to all relevant charges since 1976, a sub-set of which were charges relating to persons in State operated nursing homes, was €1.15 billion. The portion of this amount in respect of the past six years is in the order of €500 million.
The precise amounts of charges specifically made of patients in State operated nursing homes in each year are not available at present. My Department has requested the Health Service Executive to provide precise data for the amounts deducted from eligible patients regarding long stay charges in publicly funded long-stay residential units. Fully comprehensive information is not yet available covering the wide range of programmes concerned. The HSE has begun the process of collating this information and in this context my Department has asked the HSE to investigate the matter raised and reply directly to the Deputy.
