Áine Brady (Kildare North, Fianna Fail)

I move amendment No. 14:

In page 14, between lines 13 and 14, to insert the following:

"(13) The content of a care needs assessment report may be provided to a relevant facility or approved nursing home with the prior consent of the person who is the subject of the report.".

This amendment reflects the commitment given to Deputy Reilly on Committee Stage to provide that care needs assessments may be shared with nursing homes. The amendment acknowledges that care needs assessment reports can be a key tool in discharge planning from an acute care setting. Critically, it also acknowledges that the provision of a care needs assessment report to a nursing home is ultimately a matter for the individual or, where relevant, the individual's representative and the nursing home.

A care needs assessment report will contain sensitive information regarding the person's health and well-being. It would not be appropriate for the HSE to ignore a person's right to confidentiality in this regard. Specifically, it is considered that the provision of the care needs assessment report to a nursing home without a person's prior consent would be a contravention of section 2(b) of the Data Protection Act 1988, as amended by the Data Protection (Amendment) Act 2003 - processing of sensitive data. I ask the House to support this amendment in place of Deputy Reilly's resubmitted amendment No. 15.

I accept the good intention underlying amendment No. 17. However, the Bill contains sufficient provisions to ensure a person receives assistance in applying for a care needs assessment, where necessary. Section 7 enables a specified person, including a medical practitioner, to apply for a care needs assessment on a person's behalf. In addition, there is nothing to prevent any person from offering assistance in the completion of application forms. I understand medical social workers regularly assist patients and their families in this regard. The HSE will be producing information leaflets and explanatory material on the scheme. Preliminary work has commenced on this. A further provision in this matter is unnecessary. The proposed provision could leave the HSE legally vulnerable in determining when the statutory requirement to offer administrative assistance amounts to applying on a person's behalf. There would be a potential conflict of interest should the HSE apply on a person's behalf. For this reason, I do not propose to accept amendment No. 17.

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