Dáil Éireann Debate, Tuesday - 6 December 2022
688. Deputy Paul Murphy asked the Minister for Health the number of submissions noting concerns that were made to his Department regarding nursing homes from 2020 to date in 2022, by the type of concern and by county, inclusive of concerns of safeguarding, substandard care, poor communication and visiting. [60915/22]
Amharc ar fhreagra693. Deputy Paul Murphy asked the Minister for Health the number of concerns his Department received from staff and families with concerns in nursing homes; and the action that was taken. [60920/22]
Amharc ar fhreagraI propose to take Questions Nos. 688 and 693 together.
I recognise how difficult it has been for the families of nursing home residents during this pandemic, which has presented one of the greatest and most wide-ranging public health challenges internationally in recent history. Throughout the pandemic, as part of the overall national response to COVID-19, there has been a specific and sustained focus on older persons, particularly those resident in nursing homes.
The Health Act 2007, as amended, provides the overarching regulatory framework for the nursing home sector with further detailed requirements set out in Registration Regulations, Care and Welfare Regulations and Quality Standards. Under the Health Act 2007, as amended, and related Regulations, the registered provider is responsible and accountable for the quality of care and safety of residents in nursing homes (designated centres) and all nursing homes are required to have a clear complaints procedure in place. Part 10 of the Care and Welfare Regulations sets out the requirements in this regard. The majority of representations to my Department for the period set out by the Deputy, which coincides with the COVID-19 pandemic, were in relation to restrictions on visitation that had been implemented to protect the residents of nursing homes from COVID-19 infection or were in relation to the service provided by the home. Any complaints of a serious nature are forwarded to HIQA as a matter of course and to the HSE where appropriate.
My Department advised that the Health Protection Surveillance Centre (HPSC) provides a suite of public health guidance, including in relation to visiting to long-term residential care facilities. Throughout the pandemic, the guidance was continuously reviewed as new evidence and data emerged. Furthermore, the visitation policy of each nursing home, aside from periods of national restrictions on public opening, are determined by the person-in-charge. The person-in-charge of the nursing home will be able to provide information on the complaints process in place in the nursing home and assistance on how to make a complaint. If a complainant is unhappy with the response received, he or she can appeal the decision as provided for in the Regulations. The complainant may also decide to submit the issue to the Office of the Ombudsman, the Medical Council, the HSE, the Patient Advocacy Service, depending on the circumstances of the case.
Separately, HIQA welcomes information in relation to designated centres that come within its regulatory remit. As a regulator, HIQA has no legal role in examining individual complaints, however, the Authority does take into account all information it receives, including complaints from the public, when carrying out inspections and this range of information informs a risk-based approach to regulation.
Currently my Department is examining complaints processes across the nursing home sector, including information on best practice, the level of standardisation, and the views of key stakeholders, including residents and families, with a view to determining the need to further develop enablers such as policy, legislative and/or guidance instruments to strengthen and enhance current arrangements.
In tandem with this work, the Patient Advocacy Service (PAS), which currently supports residents in HSE-operated nursing homes in making complaints, will begin its rollout to private nursing homes at the end of 2022. This is in line with a Programme for Government commitment to examine extending the remit of the Patient Advocacy Service to residents of long-term residential care facilities.
