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Tuesday, 2 May 2017

Written Answers Nos. 1104-1121

Nursing Homes Support Scheme

Ceisteanna (1104)

Gerry Adams

Ceist:

1104. Deputy Gerry Adams asked the Minister for Health if his attention has been drawn to a situation in which residents of a care home (details supplied) in County Louth are being requested to make a contribution of €20 per week towards a social programme; if the care home is in breach of regulations by making this a mandatory charge for all residents; if residents should have the opportunity to opt out of the social programme or elements of it; and if he will make a statement on the matter. [20610/17]

Amharc ar fhreagra

Freagraí scríofa

The Nursing Homes Support Scheme (NHSS), commonly referred to as A Fair Deal, is a system of financial support for people who require long-term residential care. Participants contribute to the cost of their care according to their means while the State pays the balance of the cost.

The NHSS covers the cost of the standard components of long-term residential care which are:

- Nursing and personal care appropriate to the level of care needs of the person;

- Bed and board;

- Basic aids and appliances necessary to assist a person with the activities of daily living; and

- Laundry service.

A person's eligibility for other schemes, such as the medical card scheme or the drugs payment scheme, is unaffected by participation in the NHSS or residence in a nursing home. In determining the services covered by the NHSS it was considered very important that the care recipient and the taxpayer would be protected and would not end up paying for the same services twice. For this reason, medications and aids that are already prescribed for individuals under an existing scheme are not included in the services covered by the NHSS, as this would involve effectively paying twice for the same service.

Although the NHSS covers core living expenses, residents can still incur some costs in a nursing home, such as social programmes, newspapers or hairdressing. In recognition of this, anyone in receipt of financial support under the NHSS retains at least 20% of their income. The minimum amount that is retained is the equivalent of 20% of the State Pension (Non-Contributory). An operator should not seek payment from residents for items which are covered by the NHSS, the medical card or any other existing scheme.

Part 7 of the Health Act 2007 (Care and Welfare of Residents in Designated Centres for Older People) Regulations 2013 stipulates that the registered provider of the nursing home must agree a contract in writing with each resident on their admission to the nursing home. This contract must include details of the services to be provided to that resident and the fees to be charged. Residents should never be charged fees which are not set out in the contract. The Department of Health and the HSE are not a party to such contracts which are concluded between each resident and their nursing home.

Registered providers of nursing home care are obliged to provide an accessible and effective complaints procedure. Concerns about additional charges should in the first instance be taken up with the nursing home provider. The Office of the Ombudsman can examine complaints about the actions of a range of public bodies and, from 24 August 2015, complaints relating to the administrative actions of private nursing homes. The Office of the Ombudsman normally only deals with a complaint once the individual has already gone through the complaints procedure of the private nursing home concerned.

Legislative Programme

Ceisteanna (1105)

James Lawless

Ceist:

1105. Deputy James Lawless asked the Minister for Health the stage at which the dental Bill is; the timeframe for the completion of this legislation; and if he will make a statement on the matter. [20612/17]

Amharc ar fhreagra

Freagraí scríofa

Work is continuing in relation to the development of new legislation to replace the Dentists Act 1985. Key policy issues for inclusion in the new legislation have been approved and a Regulatory Impact Analysis is currently underway. There has been ongoing engagement with stakeholders including the Dental Council. The drafting of the Scheme of Bill, which is the next step in the process to develop the new legislation, has commenced. It is not possible to provide a publication date at this early stage in the legislative process.

Department officials are currently committed to drafting a priority Health (Miscellaneous Provisions) Bill, the primary purpose of which is to amend all health professional regulatory Acts as a consequence of the transposition of the modernised European Union Professional Qualifications Directive (2013/55/EU) and to address a number of other issues. Work on the preparation of the Dental Bill continues to be progressed in line with competing legislative priorities.

Public Procurement Contracts

Ceisteanna (1106, 1107, 1108, 1109, 1110)

Michael Fitzmaurice

Ceist:

1106. Deputy Michael Fitzmaurice asked the Minister for Health the reason the HSE commissioner of the Roscommon mental health service review did not use a standard HSE procurement process, but instead used a systems analysis investigation method to appoint members of the Roscommon review team (details supplied); and if he will make a statement on the matter. [20614/17]

Amharc ar fhreagra

Michael Fitzmaurice

Ceist:

1107. Deputy Michael Fitzmaurice asked the Minister for Health if any members of the Roscommon mental health service review team were known to or linked to any senior members of HSE management; and if he will make a statement on the matter. [20615/17]

Amharc ar fhreagra

Michael Fitzmaurice

Ceist:

1108. Deputy Michael Fitzmaurice asked the Minister for Health the persons or body that selected persons and the way in which they were selected in view of the fact that the procurement method used was for systems analysis investigations, which required no advertising or interviews and was generally lacking in transparency, in relation to the Roscommon mental health review team; and if he will make a statement on the matter. [20616/17]

Amharc ar fhreagra

Michael Fitzmaurice

Ceist:

1109. Deputy Michael Fitzmaurice asked the Minister for Health the reason the Roscommon mental health service review team is using a legal firm in County Mayo to conduct its business in relation to the review, when it is based in Northern Ireland and this same firm is used by the HSE to conduct other business; if the firm can be described as truly independent; his views on whether this is not a conflict of interest; if the HSE is paying this legal firm for the work of the review team; and if he will make a statement on the matter. [20617/17]

Amharc ar fhreagra

Michael Fitzmaurice

Ceist:

1110. Deputy Michael Fitzmaurice asked the Minister for Health further to Parliamentary Question No. 566 of 15 November 2016, the reason the national director of mental health stated that the incident management policy 2014 was used for the selection of external experts for the Roscommon review team; and if the attention of the director was not drawn to the fact that this policy, which only examines individual serious incidents within the HSE, was not suitable for the procurement of a team of experts for such a major review of a whole service. [20618/17]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 1106 to 1110, inclusive, together.

As this is a service issue, these questions have been referred to the HSE for direct reply.

Hospital Consultant Contracts

Ceisteanna (1111)

Mary Lou McDonald

Ceist:

1111. Deputy Mary Lou McDonald asked the Minister for Health the number of consultant psychiatrists that are currently employed by the HSE; the number previously employed by the HSE, including their dates of termination (details supplied); and if he will make a statement on the matter. [20629/17]

Amharc ar fhreagra

Freagraí scríofa

As this is a service issue, I am referring this question to the HSE for direct reply.

Mental Health Tribunals

Ceisteanna (1112, 1113, 1114, 1115, 1116)

Mary Lou McDonald

Ceist:

1112. Deputy Mary Lou McDonald asked the Minister for Health the number of registered private psychiatrists qualified to offer independent approval in mental health tribunals as set up under the Mental Health Commission in Ireland (details supplied); and if he will make a statement on the matter. [20630/17]

Amharc ar fhreagra

Mary Lou McDonald

Ceist:

1113. Deputy Mary Lou McDonald asked the Minister for Health the related costs for a secondary sign-off by a medical professional during a mental health tribunal as set up by the Mental Health Commission; if these medical professionals are employed directly by the HSE or if they are private GPs; if in the case that secondary sign-off is conducted by both HSE employees and GPs depending on individual cases, the number of each for 2015 and 2016; and if he will make a statement on the matter. [20631/17]

Amharc ar fhreagra

Mary Lou McDonald

Ceist:

1114. Deputy Mary Lou McDonald asked the Minister for Health the method of selection for solicitors for tribunals with regard to mental health tribunals as set up by the Mental Health Commission; and if he will make a statement on the matter. [20632/17]

Amharc ar fhreagra

Mary Lou McDonald

Ceist:

1115. Deputy Mary Lou McDonald asked the Minister for Health the process involved for putting in place legal services required for the tribunals, with regard to mental health tribunals as set up by the Mental Health Commission; and if he will make a statement on the matter. [20633/17]

Amharc ar fhreagra

Mary Lou McDonald

Ceist:

1116. Deputy Mary Lou McDonald asked the Minister for Health the fees paid with regard to mental health tribunals as set up by the Mental Health Commission for consultant psychiatrists, solicitors and lay persons, in tabular form; and if he will make a statement on the matter. [20634/17]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 1112 to 1116, inclusive, together.

The principal functions of the Mental Health Commission are specified in Section 33 of the Mental Health Act 2001. This includes the appointment of persons to be members of mental health tribunals, the establishment of a panel of consultant psychiatrists to carry out independent medical examinations under Section 17 of the Act and the provision of a scheme for the granting of legal aid.

The Mental Health Commission appoints three people to a mental health tribunal. Of the members of a tribunal, one must be a consultant psychiatrist, one must be a practising barrister or solicitor who has had not less than 7 years’ experience as a practising barrister or solicitor ending immediately before such appointment and one must be a person other than a person referred to above or a registered medical practitioner or a registered nurse.

There are 96 consultant psychiatrists, 94 Barristers or solicitors and 79 other persons on a panel to provide the membership of a mental health tribunal. Fees for serving on a mental health tribunal are as follows:

Tribunal member

Fee Per case

Consultant psychiatrists

€382

Barristers or solicitors (Chair)

€574

Other persons

€287

A consultant psychiatrist is defined in Section 2 of the Act as a consultant psychiatrist who is employed by a health board or by an approved centre or a person whose name is entered on the division of psychiatry or the division of child and adolescent psychiatry of the Register of Medical Specialists maintained by the Medical Council in Ireland.

Appointment to mental health tribunal panels is for a period not exceeding three years, in accordance with Section 48 of the Act, by way of public competition. The Mental Health Commission establishes panels for mental health tribunals every three years. All people who meet the eligibility criterion laid down in the statute may apply. The term of office of the persons appointed to the current mental health tribunal panels on contracts for services expires on 31 October 2019.

In addition to the Tribunal panel, there are 119 consultant psychiatrists on the panel to provide independent medical reports pursuant to Section 17 of the Act. The fee for an independent medical report which must be provided for the consideration of a mental health tribunal is €477.

Medical Card Applications

Ceisteanna (1117)

Charlie McConalogue

Ceist:

1117. Deputy Charlie McConalogue asked the Minister for Health the reason a medical card application by a person (details supplied) was closed, in view of the fact that all the information that was requested from the person was submitted at all times followed by numerous phone calls and emails; and if he will make a statement on the matter. [20637/17]

Amharc ar fhreagra

Freagraí scríofa

The Health Service Executive has been asked to examine this matter and to reply to the Deputy as soon as possible.

The Health Service Executive operates the General Medical Services scheme, which includes medical cards and GP visit cards, under the Health Act 1970, as amended. It has established a dedicated contact service for members of the Oireachtas specifically for queries relating to medical cards and GP visit cards, which the Deputy may wish to use for an earlier response. Contact information was issued to Oireachtas Members.

Medical Goods Regulation

Ceisteanna (1118)

Anne Rabbitte

Ceist:

1118. Deputy Anne Rabbitte asked the Minister for Health the position regarding the licence approval of a drug (details supplied); and if he will make a statement on the matter. [20655/17]

Amharc ar fhreagra

Freagraí scríofa

Under the Health (Pricing and Supply of Medical Goods) Act 2013, the HSE has statutory responsibility for the administration of the community drug schemes; therefore, the matter has been referred to the HSE for attention and direct reply to the Deputy.

Nursing Homes Support Scheme Expenditure

Ceisteanna (1119)

Anne Rabbitte

Ceist:

1119. Deputy Anne Rabbitte asked the Minister for Health the underspend in the fair deal scheme in each of the years 2011 to 2016 on the basis of approval versus spending, by county, in tabular form. [20661/17]

Amharc ar fhreagra

Freagraí scríofa

As this is a service matter it has been referred to the Health Service Executive for direct reply.

Hospital Services

Ceisteanna (1120, 1121)

Anne Rabbitte

Ceist:

1120. Deputy Anne Rabbitte asked the Minister for Health if the management of University Hospital Galway has outsourced bed management; and if he will make a statement on the matter. [20662/17]

Amharc ar fhreagra

Anne Rabbitte

Ceist:

1121. Deputy Anne Rabbitte asked the Minister for Health the cost of having bed management outsourced as opposed to bed management in-house. [20663/17]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 1120 and 1121 together.

Bed management is not being outsourced at Galway University Hospitals. Galway University Hospitals and University Hospital Limerick were selected as pilot sites for a national programme to improve patient flow in our healthcare system. This national programme, the National General Electric-Finnamore Patient Flow project, commenced at GUH in November 2016 and is still underway on site.

Through a number of prioritised projects, this three year programme aims to deliver visible and effective improvement to patient flow, whilst also developing the skills of clinical and operational staff alike. The GE-Finnamore Patient Flow project is funded on a national level; there are no local costs.

Under this initiative, the Hospital is progressing a number of key process improvement initiatives, including optimising ED escalation procedures; patient flow processes; bi-directional flow to/from other Saolta hospitals; as well as capacity modelling for in-patients and outpatients. The project encompasses Scheduled Care patient flow and includes assessment of processes such as bed management.

In summary, the GE-Finnamore Patient Flow project involves the use of external consultants, who are currently advising Galway University Hospitals and University Hospital Limerick with regard to potential improvements that can be made in internal hospital processes, including aspects of bed management. These processes will, however, continue to be managed by the Hospitals themselves and are not being outsourced.

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