Dáil Éireann Debate, Wednesday - 16 December 2020
342. Deputy Fergus O'Dowd asked the Minister for Health the name and number of nursing homes taken over by the HSE and HIQA since January 2020; the reason for doing so; and if he will make a statement on the matter. [43992/20]
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.
The functions and powers of the Chief Inspector are set out in Parts 7, 8 and 9 of the Health Act 2007 (as amended). The Statutory powers include the cancellation of registration under section 51 of the Act and the urgent action under section 59 of the Act to attach, vary or remove a condition of registration or cancellation of registration.
In the first instance, the primary responsibility for the provision of safe care and service to nursing home residents rests with individual nursing home operators. If the Chief Inspector cancels a registration under section 51 and the cancellation takes effect, or if the Chief Inspector obtains an order to cancel a registration in accordance to section 59 and the cancellation takes effect then under section 64 of the Act the Chief Inspector notifies the HSE of the cancellation of the registration and of the date on which this takes effect. The HSE must make alternative arrangements, as soon as practicable for residents where registration has been cancelled and closure orders have been secured by HIQA. Pending these alternative arrangements, the HSE, either with the consent of the registered provider or by order of the District Court shall take the charge of the designated centre.
I understand that HIQA would usually ensure that the HSE is aware of the proposed cancellation of a service, noting that the HSE may be required to take over operation of the designated centre. Where the Chief Inspector decides to apply to cancel the registration of a nursing home, it is normal for my Department to be informed, for information purposes.
HIQA has advised the Department that the Chief Inspector has applied to cancel the registration of two nursing homes since January 2020, one located in Wicklow, the second in Kerry. In both cases, there was a serious risk to the health or welfare of persons resident in the nursing home because of an act, failure to act or negligence on the part of the provider. Applications for cancellation were made to the District Court under section 59 of the Health Act 2007 (as amended) . The District Court granted the cancellation of registration under section 59 of the Health Act 2007 (as amended) and the Chief Inspector notified the HSE to assume responsibility of the nursing home under section 64 of the act.
I have asked the HSE to reply directly to the Deputy in relation to any nursing homes it took operational responsibility for outside of this process.
