Dáil Éireann Debate, Tuesday - 7 July 2020
790. Deputy Robert Troy asked the Minister for Health if an urgent investigation will be conducted into the alleged neglect of nursing home residents during the Covid-19 restrictions; if specific direction was given to nursing homes on the way in which the additional funding allocated to nursing homes was to be spent; and if such funding was for additional PPE. [14227/20]
Amharc ar fhreagraSince 2009 the Health Information and Quality Authority, HIQA, is the statutory independent regulator in place for the nursing home sector, whether a HSE managed or a private nursing home. The Authority, established under the Health Act 2007, has significant and wide-ranging powers up to and including withdrawing the registration of a nursing home facility, which means that it can no longer operate as a service provider.
This responsibility is underpinned by a comprehensive quality framework comprising of Registration Regulations, Care and Welfare Regulations and National Quality Standards.
HIQA in discharging its duties determines, through examination of all information available to it, including site inspections, whether a nursing homes meets the regulations in order to achieve and maintain its registration status.
Should a nursing home be deemed to be non-compliant with the Regulations and the National Quality Standards, it may either fail to achieve or lose its registration status. In addition, the Chief Inspector has wide discretion in deciding whether to impose conditions of Registration on nursing homes.
During the response to COVID-19, Nursing homes continue to be regulated by HIQA, who under the Health Act 2007 have the legal authority to examine the operation of any facility under their remit.
Any individual cases of concern should be brought to the attention of HIQA and the relevant HSE Safeguarding and Protection Team.
In relation to the COVID-19 Temporary Assistance Payment Scheme for Nursing Homes, where a nursing home applies for an assistance payment through the Scheme, the nursing home may only claim for those additional allowable costs, as set out in the Scheme details. Additional Costs are costs incurred by the Nursing Home which would not have been incurred were it not for the impact of the COVID-19 Pandemic. Allowable Costs are costs that may be included in an application for support under the Scheme. The nursing home must submit a Statement of Additional Allowable Costs in support of an application to the Scheme and, therefore, vouch that all amounts claimed are in relation to those allowable costs arising as a result of the impact of COVID-19.
Applications to the Scheme are made to the National Treatment Purchase Fund (NTPF) in the first instance where an assessment of the application is carried out to determine the payment amount in accordance with the Scheme Rules and subsequently advises the HSE of the proposed payment amount for each Nursing Home. The HSE undertakes a final validation and makes a decision on the application.
The NTPF and/or the HSE will carry out formal audits of claims made retrospectively on a risk and/or sample basis - they will be supported in this work by professional auditors. It will be necessary for the Nursing Home to be able to provide vouched evidence of COVID-19 expenditure as any expenditure that is not vouched will be recoverable.
In some cases, where an outbreak has been experienced and a claim is made under the outbreak assistance component of the Scheme, the claim requires independently certified verification.
