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Nursing Homes Support Scheme Bill 2008: Report Stage (26 May 2009)

Jan O'Sullivan: We know the history of the HSE and the Minister, particularly in the past year, in terms of providing adequate funding for a variety of areas. I referred to the Our Lady's Hospital for Sick Children in Crumlin and other cuts. The HSE is largely responsible for this although the Department of Health and Children and the Department of Finance, which has a major role in deciding what money...

Nursing Homes Support Scheme Bill 2008: Report Stage (26 May 2009)

Jan O'Sullivan: I move amendment No. 7: In page 12, line 34, after "possible" to insert "and in any event within two months". Two of these amendments are in my name, Nos. 7 and 26. The purpose of No. 7 is to have a deadline for the carrying out of care needs assessments. In other words there should not be an expansion of the time allowed for care needs assessment, as it is important that these be done as...

Nursing Homes Support Scheme Bill 2008: Report Stage (26 May 2009)

Jan O'Sullivan: I am disappointed by the Minister of State's reply. On Committee Stage, the Minister said she was minded to accept the amendment and would like to reflect on it before Report Stage. Today's reply is less positive in providing a timeframe for assessments. I accept the Minister has said there will be guidelines and it will be revisited at a later stage.

Nursing Homes Support Scheme Bill 2008: Report Stage (26 May 2009)

Jan O'Sullivan: While we want this to be done properly, there is a certain urgency to it. For example, a timeframe exists for a person in an acute bed but who after 20 days is deemed not to be an acute patient any longer. However, there is none for carrying out an assessment. The Minister of State has said the matter will be revisited. I am not minded, therefore, to call Members back into the House for a...

Nursing Homes Support Scheme Bill 2008: Report Stage (26 May 2009)

Jan O'Sullivan: That is a welcome development and I am glad there has been a response. On that basis I will withdraw my amendment.

Nursing Homes Support Scheme Bill 2008: Report Stage (26 May 2009)

Jan O'Sullivan: The independence of the assessment is important and I support Deputy Reilly's amendment.

Nursing Homes Support Scheme Bill 2008: Report Stage (Resumed) and Remaining Stages (26 May 2009)

Jan O'Sullivan: I move amendment No. 10: In page 13, line 29, to delete "as it thinks appropriate" and substitute the following: "based on whether there is a reasonable possibility that the person would not, but for the provision by or on behalf of the Executive of care services, be able satisfactorily to care for himself or herself or to have satisfactory care services provided otherwise,". In some ways...

Nursing Homes Support Scheme Bill 2008: Report Stage (Resumed) and Remaining Stages (26 May 2009)

Jan O'Sullivan: The Minister of State said my amendment will not be necessary because of what will be assessed but the Bill does not state what account will be taken of these matters or how bad one must be in order to qualify. That is a major flaw in the Bill and the assessments will be very subjective. What one HSE official decides is a level of dependence for which a person qualifies, another might...

Nursing Homes Support Scheme Bill 2008: Report Stage (Resumed) and Remaining Stages (26 May 2009)

Jan O'Sullivan: Quite a number of amendments are being taken together. I welcome the Minister of State meeting Opposition amendments. However, on the notification of changes in circumstances of connected persons from 30 days, the Minister's amendments propose 20 working days, which is really the same period. In circumstances such as the death of a spouse, it is reasonable to allow for more than a month...

Nursing Homes Support Scheme Bill 2008: Report Stage (Resumed) and Remaining Stages (26 May 2009)

Jan O'Sullivan: There is sense in the Minister of State's amendments particularly in respect of amendment No. 114, which is quite detailed. It is important to be clear in these matters as to who can represent a person because unfortunately there are cases in which advantage can be taken of elderly people who are unable to make decisions for themselves. There can be unscrupulous family members or others who...

Nursing Homes Support Scheme Bill 2008: Report Stage (Resumed) and Remaining Stages (26 May 2009)

Jan O'Sullivan: I move amendment No. 21: In page 15, line 22, after "may" to insert "reasonably". Basically, the purpose of all three proposed amendments is to insert the word "reasonably" and pertains to the information the HSE seeks when making the assessment. The Bill as it stands states, "shall furnish all information which the Executive may request in connection with the consideration of the...

Nursing Homes Support Scheme Bill 2008: Report Stage (Resumed) and Remaining Stages (26 May 2009)

Jan O'Sullivan: To make some progress, will the Minister of State give an undertaking that in the guidelines that will be drawn up in regard to this legislation, the family concerned would be given a list of all the requirements on their first visit or when they are making the application, and that this list would not be added to at a later stage. In other words, when the family first makes the application,...

Nursing Homes Support Scheme Bill 2008: Report Stage (Resumed) and Remaining Stages (26 May 2009)

Jan O'Sullivan: In many applications, such as applications for housing through a local authority, for example, there is a list on the back of the form of the items one must bring along, such as a birth certificate, photographs and so on. We are seeking something similar, namely, one would be given the list in writing when one is making the application. I ask the Minister of State to take this on board.

Nursing Homes Support Scheme Bill 2008: Report Stage (Resumed) and Remaining Stages (26 May 2009)

Jan O'Sullivan: As this is far as we can get, I will withdraw the amendment.

Nursing Homes Support Scheme Bill 2008: Report Stage (Resumed) and Remaining Stages (26 May 2009)

Jan O'Sullivan: I move amendment No. 26: In page 15, line 45, after "Executive" to insert "within two months of the application".

Nursing Homes Support Scheme Bill 2008: Report Stage (Resumed) and Remaining Stages (26 May 2009)

Jan O'Sullivan: I support the points that have been made. This very tricky area could well end up in the courts. I think an independent system would have a better chance of surviving any court challenges. I assume the Minister of State has received legal advice. It would be interesting if she could share it with the House.

Nursing Homes Support Scheme Bill 2008: Report Stage (Resumed) and Remaining Stages (26 May 2009)

Jan O'Sullivan: What will happen if one member of a couple wants to apply but the other does not? Has provision been made for a dispute within a couple? Couples do not always agree on everything, a Cheann Comhairle.

Nursing Homes Support Scheme Bill 2008: Report Stage (Resumed) and Remaining Stages (26 May 2009)

Jan O'Sullivan: They cannot apply if they do not agree.

Nursing Homes Support Scheme Bill 2008: Report Stage (Resumed) and Remaining Stages (26 May 2009)

Jan O'Sullivan: Neither am I.

Nursing Homes Support Scheme Bill 2008: Report Stage (Resumed) and Remaining Stages (26 May 2009)

Jan O'Sullivan: I am still concerned about a couple who might not agree. It is feasible that one partner would say that he or she is not allowing his or her future family home to be paid into a nursing home for the other partner's mother or father. I am not condoning this but saying that it could happen. There is a great deal of difficulty in it. I can see why the Minister of State might want to tie it...

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