Willie Penrose (Westmeath, Labour)
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Question 279: To ask the Tánaiste and Minister for Health and Children the category of persons who will be refunded €2,000 in respect of payments deducted from them for nursing home care; if the category includes persons who were the holders of medical cards and were inpatients at public hospitals; if such persons are so entitled to the refund, but have in the interim died, if such a repayment will be made to their next of kin; and if she will make a statement on the matter. [1621/05]

Mary Harney (Dublin Mid West, Progressive Democrats)
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The category of person who will receive refunds under the ex gratia scheme in respect of payments deducted from them for publicly funded long-stay care in facilities run by former health boards or private nursing homes solely by virtue of a contractual arrangement with a former health board comprises fully eligible persons, including those who had their medical card withdrawn on admission to the institution and were alive on 9 December 2004. Those qualifying under the scheme will be paid up to €2,000 if they have already paid up to that amount by way of charges. Where persons have been charged anything less than €2,000, they will be refunded the amount they have paid.

The category of person who will receive refunds does not include medical card holders in receipt of acute public inpatient services in a hospital, but may include medical cardholders who were charged incorrectly while in receipt of long-stay inpatient services following an acute phase of treatment in a hospital. In relation to acute care in hospitals the position is that under the Health (In-Patient Charges) Regulations 1987, as amended, a statutory inpatient charge of €55, with effect from 1 January 2005, is levied in respect of each day during which a person is maintained, subject to a maximum payment in any 12 month period of €550. However, it should be noted that various categories of person, including medical card holders, are exempt from the charge.

The scheme does not apply in the case of persons who were in long-stay care in the institutions in question but died before 9 December 2004. If, however, individuals concerned died on or after this date, payments will be made to the executor or person who has taken out the grant of administration in respect of the individual who died.