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

Áine Brady: Regarding the monitoring of resources, the allocation and adequacy of resources is a matter for the Minister and will be monitored by the Department. The HSE must prepare and submit the service plan and give all relevant information to the Department. Monitoring is done by the Minister and the Department on a dedicated subhead against a monthly profile and return. Regarding Deputy Ó...

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

Áine Brady: I am sure the Department listened very carefully to what was said.

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

Áine Brady: Amendments Nos. 7 and 8 propose to impose a timeframe for the commencement of care needs assessments. I appreciate the policy intention of these amendments. It is envisaged that care needs assessments would be undertaken quickly. However, it is considered imperative the legislation should be flexible on this point. This is particularly pertinent having regard for the fact that the...

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

Áine Brady: Yes.

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

Áine Brady: The Minister for Health and Children reflected carefully on the points raised by Deputy Jan O'Sullivan on Committee Stage. She is not in a position, as I outlined in my earlier reply, to accept the amendment. She will, however, provide the Deputy with the guidelines and they will be reviewed after three years of their introduction. An amendment will be introduced later which will clarify...

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

Áine Brady: Amendment No. 9 proposes that care needs assessments should be undertaken by HIQA. The function of HIQA will be to register and inspect all designated centres, including public, private and voluntary nursing homes. The undertaking of care needs assessments would be outside HIQA's role and distract from its critical function as a national regulatory authority. It would also represent an...

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

Áine Brady: A person can request a review, but it must be considered afresh the second time. In other words, they do not look at the first application. Of course, an appeals panel will be appointed by the Minister and if that fails applicants always have recourse to the Ombudsman.

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

Áine Brady: The existing officers who are administering the subvention scheme, the public long-stay charges, etc., would have to be redeployed. These people have had some initial training and the Deputy is also seeking another lair of bureaucracy.

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

Áine Brady: Amendments Nos. 10 and 11, which relate to determinations on care needs assessments, are already addressed in the legislation. Amendment No. 10 seeks to provide that the HSE shall take into account whether a person is capable of caring for himself or herself or of having care services provided. However, section 7(6) already provides that the care needs assessment must take account of the...

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

Áine Brady: A number of Deputies expressed concern on Second Stage and Committee Stage regarding the treatment of farms under the Bill. In particular, they indicated their concerns with regard to the potential impact of the 5% annual contribution on the sustainability of family farms and businesses specifically in situation where care is required from an early age and for a prolonged period. This issue...

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

Áine Brady: With regard to the issue of care need assessment as raised by Deputy Jan O'Sullivan, there will be a multidisciplinary team in each HSE region and the HSE has agreed a national common needs assessment summary to standardise the procedure. With regard to the farm or small business issue, the representations from the farming organisations asked specifically that we take into account unexpected...

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

Áine Brady: The other request from the farming organisations related to cases involving a family farm business where the successor would depend on the farm for a living or part thereof. Older people are encouraged to plan and sign over farms to their successors, and it is presumed that somebody who has become infirm over a number of years would have done this many years previously.

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

Áine Brady: I move amendment No. 12: In page 13, line 34, to delete "15 working days" and substitute "10 working days". I will speak to amendments Nos. 12, 23, 30, 32, 34, 42, 43, 50, 58, 71, 73, 74, 75, 77, 79, 86, 89, 91, 92 and 93. On Committee Stage the Minister indicated she would consider a number of issues relating to timeframes. She indicated she would consider the reduction of timeframes for...

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

Áine Brady: Amendment No. 39 stipulates the periodic basis for ancillary State support shall not exceed two months. This approach acknowledges the administrative reality that the State will provide financial support by transferring funds in block payments to the nursing home monthly or mostly bi-monthly. By enabling the Minister for Health and Children to specify the exact period in writing, the...

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

Áine Brady: 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...

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

Áine Brady: Yes. The Minister believes it should not be a case of only certain people being allowed to be selected. Medical social workers already undertake this role of assistance. Under sections 21 and 47, a family can nominate any person they wish to fulfil the role, including a solicitor or doctor. The HSE cannot do this directly because of a conflict of interest.

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

Áine Brady: I move amendment No. 16: In page 14, to delete lines 14 to 26 and substitute the following: "(13) In this section "specified person" has the same meaning as it has in section 47.". Taken collectively, amendments Nos. 16 and 114 streamline the Bill's provision in respect of non-court appointed representatives. Their aim is to ensure a clear and coherent approach on the issue of non-court...

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

Áine Brady: Amendments Nos. 21, 22 and 29 relate to the application for State support and the financial assessment of means. They propose to qualify requests for information by the HSE by stating that such requests should be reasonable. While I accept the good intention of the Deputy that underlies these amendments, all information requested by the application form for the scheme or during the course...

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

Áine Brady: The Department of Health and Children has undertaken that it will examine the whole area and there will be a review in three years to check whether there have been any problems. The Department will also review the draft application form to ensure that it will only seek necessary information. I will have to check with regard to any legal ambiguity regarding the point that requests should be...

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

Áine Brady: I am unable to give such a broad commitment today. My understanding is that a list of all the items one must bring in regard to the application will be contained on the application form. Given that we are now reviewing the draft application form, which has already been drawn up, we will be able to ensure all the information is included.

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