Áine Brady (Kildare North, Fianna Fail)

I understand the Senator's concerns regarding the independence of the various assessments. However, the scheme contains a number of important safeguards. Care needs assessments will be undertaken by health care professionals who will all be subject to their own scope of practice and their professions' respective codes of ethics. A common summary assessment record has been developed and rolled out nationally for use within the care needs assessment process. This ensures a standardised basis for determining whether a person requires care services. The legislation is highly prescriptive with regard to the basis for undertaking financial assessments. The schedule even sets out a list of rules governing financial assessments.

This highly prescriptive approach within the legislation removes the scope for any discretion or inconsistency in the application of the financial assessment and therefore undermines the justification for an independent assessment body. Reviews must be carried out on the same basis as the original assessments and therefore the same prescriptive, consistent and unambiguous approach will apply. The legislation explicitly stipulates that a person must receive copies of the reports relating to all assessments or reviews. This is not provided for in the current subvention scheme and represents increased transparency.

A person can appeal to the Ombudsman if the HSE does not follow the procedure set down in the legislation for assessments and reviews. There is an appeal mechanism. Appeals officers must be independent in the performance of their functions. This is stated in section 32(1)(a). A panel of appeals officers will be established which must be approved by the Minister. The legislation also requires the appeals officer to consider every matter afresh, as if they were deciding the matter for the first time.

Senator Callely asked a very large question regarding how the scheme will work. I have a great deal of information, including-----