Joe Sherlock (Cork East, Labour)
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Question 167: To ask the Tánaiste and Minister for Health and Children the category of persons in possession of medical cards and that are in a public or private nursing home who will be refunded for the care they receive. [34178/04]

Mary Harney (Dublin Mid West, Progressive Democrats)
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The Health (Amendment) (No. 2) Bill 2004, which was passed by both Houses of the Oireachtas on 17 December 2004, as well as providing a statutory basis for the imposition of charges on persons to whom long stay in-patient services are provided, irrespective of whether they are otherwise fully eligible for those services, also provides that a relevant charge levied under section 53 of the Health Act 1970 for long stay care prior to the enactment of the legislation is and always has been lawful. Furthermore, the Bill states that the declaration of lawfulness in relation to the imposition and payment of a relevant charge does not apply in the case of such charge which is the subject of civil proceedings instituted on or before 14 December 2004 and for the recovery of the relevant charge. The President referred the Bill to the Supreme Court for a decision on its constitutionality.

The Deputy will also be aware that, following legal advice from the Attorney General on the matter, health boards were instructed to cease imposing any financial charge on fully eligible people in receipt of public long stay in-patient services with effect from 9 December 2004. In the case of nursing homes run by former health boards or private nursing homes — solely by virtue of a contractual arrangement with a former health board — the category of person covered is fully eligible individuals, including those who had their medical card withdrawn on admission to the institution and in respect of whom charges were imposed and paid for long stay in-patient services. In addition, by way of a goodwill gesture, the Government agreed to have ex gratia payments of up to €2,000 made to those with full eligibility who have paid the charges and who were alive on 9 December 2004. Where persons have been charged less than €2000, they will be refunded the amount they have paid. The Health Service Executive is making the necessary arrangements with regard to the ex gratia scheme and payments to those currently in public long stay care have already commenced.