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Tuesday, 28 Feb 2023

Written Answers Nos. 557-570

Hospital Equipment

Ceisteanna (558)

Verona Murphy

Ceist:

558. Deputy Verona Murphy asked the Minister for Health if the Stage 1 preliminary design for the MRI scanner at Wexford General Hospital is now complete; the current timelines that are expected for building completion of the MRI scanner; the current expected date for the MRI to be fully functioning; and if he will make a statement on the matter. [9597/23]

Amharc ar fhreagra

Freagraí scríofa

As the Health Service Executive is responsible for the delivery of public healthcare infrastructure projects, I have asked the HSE to respond to you directly in relation to this matter.

Nursing Homes

Ceisteanna (559)

Michael McNamara

Ceist:

559. Deputy Michael McNamara asked the Minister for Health the supports he proposes to put in place to support the voluntary, not-for-profit, community nursing home sector which is experiencing severe financial shortfalls due to cost of utilities, increased food prices, inflation and staffing costs, while receiving insufficient funds via the National Treatment Purchase Fund to maintain high-quality services and meet all regulatory responsibilities; and if he will make a statement on the matter. [9610/23]

Amharc ar fhreagra

Freagraí scríofa

The Government remains conscious of the financial challenges faced by the Nursing Home sector, particularly in terms of inflationary cost increases. I encourage all eligible providers to avail of the €10m Temporary Inflation Payment Scheme (TIPS) which covers up to 75% of year-on-year energy and heating cost increases in private and voluntary nursing homes up to a monthly cap of €5,250 per month per nursing home over the period of July to December 2022 (€31,500 per nursing home for 2022).

Since the start of the pandemic, private and voluntary nursing homes have received a wide range of non-financial supports, including over €72m in free PPE and oxygen, as well as over €147m of financial support through the Temporary Assistance Payment Scheme (TAPS). The TAPS COVID-19 Outbreak Assistance was also extended to the end of 2022.

The Department of Health intends to extend the Temporary Assistance Payment Scheme (TAPS) COVID-19 Outbreak Assistance to the end of March 2023 and to expand the scope of the Temporary Inflation Payment Scheme (TIPS). Any further extension or expansion of either scheme will be kept under review.

I am currently in discussions with Departmental officials to examine ways in which funding can also continue to be used to provide support, where necessary and appropriate, to those nursing homes who are not scheduled to renegotiate their Deeds of Agreement this year. Other options to support nursing homes are also being explored.

Funding to support people to access services in the nursing home sector continues to be provided in line with the long-established statutory mechanisms under the Nursing Homes Support Scheme Act 2009. This is the mechanism established by the Oireachtas to provide for the processes relating to funding under the Nursing Homes Support Scheme (NHSS) and the negotiation of prices for services for private and voluntary providers with the designated State agency, the National Treatment Purchase Fund (NTPF). Maximum prices for individual nursing homes are agreed with the NTPF following negotiations and based on the NTPF’s cost criteria. These criteria include costs reasonably incurred by the nursing home, local market prices, historic prices and overall budgetary capacity.

The NTPF carry out this role independently under the NHSS Act 2009. The NTPF has statutory independence, and there is no role for Ministers or the Department of Health in these negotiations. The Department of Health published a review of the NTPF pricing system in June 2021.

The cost of residential care to the State was approximately €1.4 billion in 2022, including contributions from residents. Budget 2023 saw over €40 million in additional funding for the NHSS which is already providing for an uplift in the maximum prices chargeable by private and voluntary nursing homes, as negotiated.

Health Services Waiting Lists

Ceisteanna (560)

Michael Healy-Rae

Ceist:

560. Deputy Michael Healy-Rae asked the Minister for Health the status of an optology appointment for a person (details supplied); and if he will make a statement on the matter. [9611/23]

Amharc ar fhreagra

Freagraí scríofa

Under the Health Act 2004, the Health Service Executive (HSE) is required to manage and deliver, or arrange to be delivered on its behalf, health and personal social services. Section 6 of the HSE Governance Act 2013 bars the Minister for Health from directing the HSE to provide a treatment or a personal service to any individual or to confer eligibility on any individual.

In relation to the particular query raised, as this is a service matter, I have asked the Health Service Executive to respond to the Deputy directly, as soon as possible.

Trade Unions

Ceisteanna (561)

Louise O'Reilly

Ceist:

561. Deputy Louise O'Reilly asked the Minister for Health if a trade union (details supplied) will be part of any Health Service Executive negotiations on the ambulance service; what the union can do to be included in any negotiations; and if he will make a statement on the matter. [9615/23]

Amharc ar fhreagra

Freagraí scríofa

I have asked the Health Service Executive to respond to the Deputy directly.

Question No. 562 answered with Question No. 547.

Healthcare Policy

Ceisteanna (563)

Noel Grealish

Ceist:

563. Deputy Noel Grealish asked the Minister for Health where a person is in the fair deal scheme for 18 months, and the spouse who is still residing in the family home decides to sell the property to downsize, how the capital from the sale of the family home is assessed under the fair deal scheme; and if he will make a statement on the matter. [9618/23]

Amharc ar fhreagra

Freagraí scríofa

The Nursing Homes Support Scheme (Amendment) Act 2021, which was signed into law on 22 July 2021, and commenced on 20 October, introduces further safeguards in the NHSS to further protect the viability and sustainability of family farms and businesses. It also includes an amendment in relation to applying the 3-year cap to the proceeds of sale of a house while a resident is in long-term care, which removes a disincentive for scheme participants against selling properties that might otherwise remain vacant. The 2021 Act now extends the 3-year cap to cover the proceeds of sale, so that a person will be able to sell their home without incurring additional fees from their fourth year in long-term residential care onwards.

A person is eligible for the 3-year cap on the proceeds of sale from their principal residence as long as the sale takes place at any time after they have started receiving long-term residential care services. However, the 3-year cap will only be applied to the proceeds of sale after 3 years in care. If a principal residence is sold, it is required that the HSE be notified within 10 working days, under Section 24 of the Nursing Home Support Scheme Act 2009. A re-assessment of an individual’s financial means may be required. If the principal residence is sold before the 3 year cap period is completed, the net proceeds of sale amount is used in the calculation of the client’s contribution to care until the three years has elapsed, and not the valuation of the residence on the date the resident entered care as would otherwise be the case.

Cash assets that are not the proceeds of the sale of a primary residence are not covered by the 3 year cap and these assets continue to be included in the NHSS financial assessment regardless of the amount of time an individual has spent in care.

It is also important to note that transferred assets are considered to be assessable under the scheme. Under the Nursing Home Support Scheme Act 2009, a transferred asset is defined as an asset that has been transferred at any time in the period of 5 years prior to the date on which an application for State support is first made by or on behalf of that person.

Question No. 564 answered with Question No. 547.

Disability Services

Ceisteanna (565)

Richard Bruton

Ceist:

565. Deputy Richard Bruton asked the Minister for Health the total staff and budget of the National Disability Service, divided across each service and the number of children receiving service in each area. [9641/23]

Amharc ar fhreagra

Freagraí scríofa

As this question refers to service matters, I have asked the Health Service Executive (HSE) to respond to the Deputy directly, as soon as possible.

Covid-19 Pandemic

Ceisteanna (566)

Brian Stanley

Ceist:

566. Deputy Brian Stanley asked the Minister for Health if the money for the pandemic payment for all those companies in the health section has been transferred to their accounts. [9642/23]

Amharc ar fhreagra

Freagraí scríofa

As this is a service matter, I have asked the Health Service Executive to respond to the Deputy directly.

Organ Donation

Ceisteanna (567, 574, 576)

Colm Burke

Ceist:

567. Deputy Colm Burke asked the Minister for Health the body which will be charged with the organisation of the public information campaign in relation to promoting organ donation under the Human Tissue (Transplantation, Post-Mortem, Anatomical Examination and Public Display) Bill 2022; the funding that will be allocated to such a campaign; and if he will make a statement on the matter. [9650/23]

Amharc ar fhreagra

Colm Burke

Ceist:

574. Deputy Colm Burke asked the Minister for Health the steps that will be taken to improve public engagement with the organ donation process; and if he will make a statement on the matter. [9657/23]

Amharc ar fhreagra

Colm Burke

Ceist:

576. Deputy Colm Burke asked the Minister for Health his plans for a rapid reaction team to counteract misinformation campaigns regarding the Human Tissue (Transplantation, Anatomical Examination and Public Display) Bill 2022; and if he will make a statement on the matter. [9659/23]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 567, 574 and 576 together.

The HSE will be responsible for the public information campaign in relation to promoting organ donation under the Human Tissue (Transplantation, Post-Mortem, Anatomical Examination and Public Display) Bill 2022. The HSE already runs awareness campaigns on organ donation and has extensive experience in this area.

The public awareness campaign for the Human Tissue Bill will provide the public with clear and concise factual information in relation to organ donation, and provisions in the Bill including the opt-out register and the importance of discussing donation with family and next of kin so that they can honour your wishes. It will stress that the rights of the individual to autonomy, self-determination and bodily integrity will be respected at all times and that consent is central to the legislation - at all times countering any possible misinformation which may exist around the bill.

The campaign will have a number of goals. In particular, it will promote awareness and understanding of organ donation and the changes to be brought forward under this bill. It will also emphasise the difference donation can make to peoples lives and will encourage wider engagement from the public with the organ donation process.

The campaign will be fully resourced in line with our commitment in the Programme for Government.

Organ Donation

Ceisteanna (568)

Colm Burke

Ceist:

568. Deputy Colm Burke asked the Minister for Health if he will publish the reports on the investigation into the non-use of an organ donation on 21 November 2021 at the Mater Hospital; and if he will make a statement on the matter. [9651/23]

Amharc ar fhreagra

Freagraí scríofa

As this question relates to a HSE report, it has been referred to the HSE for direct reply.

Organ Donation

Ceisteanna (569)

Colm Burke

Ceist:

569. Deputy Colm Burke asked the Minister for Health the steps that will be taken to address the concerns and needs of ethnic minorities that may have concerns regarding organ donation and transplantation under the Human Tissue (Transplantation, Post-Mortem, Anatomical Examination and Public Display) Bill 2022; and if he will make a statement on the matter. [9652/23]

Amharc ar fhreagra

Freagraí scríofa

The Human Tissue (Transplantation, Post-Mortem, Anatomical Examination and Public Display) Bill 2022 provides protections and safeguards for all people, in line with existing legislation, international best practice and HSE protocols on consent for these groups.

The legislation prohibits coercion of any living donor and does not allow for payment or any non-financial reward to be made for the donation of organs or tissues and cells. Brokering or advertising the need for or availability of an organ will be an offence under the Bill.

A national publicity and information campaign will further provide the public with clear and concise factual information in relation to organ donation, and provisions in the Bill including the opt-out register and the importance of discussing donation with family and next of kin so that they can honour a person's wishes.

Organ Donation

Ceisteanna (570, 571, 575, 577, 578)

Colm Burke

Ceist:

570. Deputy Colm Burke asked the Minister for Health if he will clarify the situation that applies/pertains in a case where a person who has previously expressed an intention to donate an organ under the Human Tissue (Transplantation, Post-Mortem, Anatomical Examination and Public Display) Bill 2022 and subsequently loses capacity, such as in a case of a dementia sufferer; and if he will make a statement on the matter. [9653/23]

Amharc ar fhreagra

Colm Burke

Ceist:

571. Deputy Colm Burke asked the Minister for Health if he will address the disparity in the Human Tissue (Transplantation, Post-Mortem, Anatomical Examination and Public Display) Bill 2022, whereby a child under the age of 18 years can give consent as a parent of a minor, without recourse to the independent panel, but yet is not permitted to give consent as a designated family member, for example, for their parent or sibling; and if he will make a statement on the matter. [9654/23]

Amharc ar fhreagra

Colm Burke

Ceist:

575. Deputy Colm Burke asked the Minister for Health the reason families will not still be approached if their loved ones have opted out of the organ donation system, as is the case in other countries; and if he will make a statement on the matter. [9658/23]

Amharc ar fhreagra

Colm Burke

Ceist:

577. Deputy Colm Burke asked the Minister for Health if the proposed legislation on organ donation permits retrieval and transplantation of solid organs, which are not specified in the proposed legislation on organ donation as reserved organs, but which can currently be transplanted, such as cornea, or may become transplantable in the future; and if he will make a statement on the matter. [9661/23]

Amharc ar fhreagra

Colm Burke

Ceist:

578. Deputy Colm Burke asked the Minister for Health if the opt-out register facilitates individual opt-out of relevant organs under the Human Tissue (Transplantation, Post-Mortem, Anatomical Examination and Public Display) Bill 2022, as distinct from a collective opt-out; and if he will make a statement on the matter. [9662/23]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 570, 571, 575, 577 and 578 together.

The Human Tissue (Transplantation, Post-Mortem, Anatomical Examination and Public Display) Bill 2022 will provide, for the first time, a national legislative framework for organ donation and transplant services in Ireland. Consent is the cornerstone of this new legislation.

Under the legislation, all adults in Ireland will be considered to have agreed to be an organ donor when they die unless they have recorded a decision not to donate on an Opt-Out Register or are in one of the excluded groups. This is commonly referred to as a Soft ‘Opt-Out’ Organ Donation system.

Deemed consent does not apply to adults who for a significant period before their death lacked the capacity to understand that their consent would be deemed if they did not register their objection to donate on the opt-out register. In such cases, the family can still be approached and consent to organ donation. Clinical guidelines will set out criteria to assist clinicians in determining whether this situation applies.

In instances involving a deceased child, consent or confirmation that there is no objection to donation must be obtained by a parent or guardian of that child. This provision extends to a parent who is under the age of 18, respecting their rights as a parent to make a such an important decision.

In cases involving deceased adults, consent or confirmation of no objection to donation must be obtained from a designated family member. Children under the age of 18 are not included in this hierarchy and can not provide consent, but can be included in family discussions on such matters.

The opt-out register allows a person who is opposed to becoming an organ donor to opt-out of donation of relevant organs by signing up to the register before their death. This will ensure that their right to autonomy, self-determination and bodily integrity is respected and as such their family will not be approached on the issue of organ donation.

The opt-out register will not facilitate opt-out of individual relevant organs. Relevant organ are defined in the legislation as the liver, lung, pancreas, heart or kidney. If an individual wishes to be a donor but has certain views on what organs or tissues and cells they wish to donate, it is important they discuss this with their family to make sure their family are fully informed of their wishes, whatever they may be.

The Human Tissue Bill permits and supports the transplantation for donation or human application of any organ or tissues and cells currently authorised in the State.

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