Seán Haughey (Dublin North Central, Fianna Fail)
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Question 283: To ask the Minister of State at the Department of Health and Children if he has sought legal advice regarding the possible entitlement of elderly persons to a refund in cases in which they had medical cards and were placed in private nursing homes due to the fact that no public places were available; and if he will make a statement on the matter. [10804/05]

Seán Power (Kildare South, Fianna Fail)
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My Department has received counsel's advice on the Health (Nursing Homes) Act 1990 and regulations made thereunder. This advice, which is privileged, is currently being examined in consultation with the Attorney General's Office and it would be inappropriate at this stage to comment on the advice.