Áine Brady (Kildare North, Fianna Fail)

I propose to take Questions Nos. 85 and 112 together.

I understand the Deputies' questions relate to the fees associated with the system of registering and inspecting nursing homes which commenced on 1 July 2009. Under the Health Act 2007, statutory responsibility is given to the chief inspector of social services, part of the Health Information and Quality Authority, for inspecting and registering categories of designated centres, including nursing homes for older people. The authority's inspection process comprises three parts: pre-assessment, the inspection visit and report completion, including a process of fact-checking and verification. Since July 1, the authority has begun 106 inspections. Of these, 59 were announced and 47 were unannounced visits. The average duration of inspection visits to date has been two days. Of the inspection processes begun, nine have reached conclusion with the publication of reports, along with the publication of one additional inspection report. The remaining reports will be published shortly.

It is important that this new inspection regime is effective, robust, independent and properly resourced. It was decided that the new registration and inspection regime would mainly be self-financing. The 2007 Act provides for the following fees: applications for registration or renewal of registration under section 48, where this section states that the applicant shall include with the application the prescribed application fee; an annual fee payable by the registered provider under section 99; and a fee for variation or removal of any conditions of the registration under section 52. A registered provider making an application under this section must include the fee with his or her application.

Following analysis of the types of centres, numbers of places and so on, it was decided to set a registration fee of €500, payable every three years by each nursing home together with an annual fee of €190 per place in each registered centre. It is estimated that the fee represents an average weekly cost of €3.73 per registered place. The fees are payable by the registered provider, or in the case of applications for registration, by the applicant who for existing designated centres would normally be the registered provider. These fees are not due or payable by the resident or their family.

It is a matter for each individual nursing home to determine the price charged for services. However, article 28 of the Health Act 2007 (Care and Welfare of Residents in Designated Centres for Older People) Regulations 2009 states that:

(1) The registered provider shall agree a contract with the resident within one month of the admission of that resident to the designated centre.

(2) Such contract shall deal with the care and welfare of the resident in the designated centre and shall include details of the services to be provided for that resident and the fees to be charged.

Therefore, only those fees set out in the contract, including any agreed increases, should be charged by the registered provider to the resident.

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