Fergus O'Dowd (Louth, Fine Gael)

I congratulate Deputy Reilly on tabling this important motion. The right and entitlements of nursing home residents has been a key issue in previous contributions and I would like to address the issue in my own constituency. I have been approached by people over the past few weeks whose relatives are in nursing homes and who have had problems with the nursing home support scheme, NHSS. There are significant weaknesses in the legislation and issues that must be addressed.

HIQA does a first-class job. Its staff are professional, focused and good at their work and the vast majority of nursing home owners also do an excellent job but, unfortunately, in the recent past, I have been contacted about two nursing homes in counties Louth and Meath in which significant issues have arisen for a number of my constituents. They are in total conflict with the scheme regarding individual entitlements. The difficulty is no official is in place to vindicate the rights of individuals. HIQA cannot act as an advocate for an individual complainant. The authority has a process under which it will take on board a complaint and send out inspectors but it cannot vindicate an individual's rights.

A citizen of County Louth who is terminally ill is in a nursing home. The man is bed ridden but he is being charged, along with everyone else in the home following a round robin letter to family members, for "outings, social events, music performances, physiotherapy clinics, exercise classes...". The man, unfortunately, will not last much longer, yet his relatives are faced with a bill for more than €1,000 extra per annum for his so-called care. He cannot benefit from these activities. Many other patients in the home with different medical conditions are faced with this demand for €1,000 on top of what they are paying, which is disgraceful.

Another nursing home in County Meath states in its contract of care that services are not covered by the NHSS standard fee. An additional fee of €40 per week covers a number of costs, including personal laundry. There is a dispute as to whether clients should pay for their personal laundry. A letter from the principal services officer for older people to the chief inspector of HIQA states clearly that laundry services are expressly included in the NHSS and, therefore, this charge should not apply. The family of the resident to whom I refer has been instructed to take him out of the nursing home. He is being kicked out of the home because his family is contesting an additional fee for something they are paying for. I am deeply concerned about this because these people are being ripped off. The patients are unwell and they are being put under significant emotional and financial pressure. They are supposed to be cared for properly, yet the nursing homes that have been brought to my attention are breaking the law.

The Minister of State needs to provide a new mandate in legislation whereby HIQA can hold nursing homes to account on the basis of individual complaints. I am informed by the authority that its staff can only take on board what they see and hear during inspections. Immediate action is need to stop this appalling rip-off of sick and terminally ill patients. These are not two isolated cases. The letter from the principal officer in the Department states:

The Department has recently received a number of queries from families of residents in nursing homes. These also centre on uncertainty regarding the fees due and payable by residents of nursing homes. The Department is concerned that a number of nursing homes may be breaching both the regulations and the standards.

It is over to the Minister of State to act and to amend the law. We will facilitate that but he must vindicate the rights of the sickest and most vulnerable in our society when they are being ripped off in such an appalling manner by unscrupulous nursing home owners.

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