Richard Bruton (Dublin North Central, Fine Gael)
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Question 160: To ask the Tánaiste and Minister for Health and Children the Government's attitude to the entitlement of persons who hold medical cards and who are in need of nursing home services but who have had to avail of private nursing home services due to the lack of a public place in view of the recent Supreme Court judgment; the Government's position in relation to paying for the cost of the private nursing home; the Government's position in relation to meeting the various requirements for care, such as chiropody service and so on while the patient is in a private nursing home. [9990/05]

Seán Power (Kildare South, Fianna Fail)
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My Department is currently studying the Supreme Court judgement in detail and will take on board all the consequences for policy and law arising from the judgement. A special Cabinet sub-committee comprising the Taoiseach, the Minister for Finance, the Attorney General and the Tánaiste has been established to consider the issue of repayment in light of the judgement.

Persons who were in publicly contracted beds in private nursing homes are covered by the terms of the Supreme Court judgment. The Health (Nursing Homes) Act 1990 regulates the private nursing home sector. Under the nursing home subvention regulations the HSE makes a financial contribution to an individual towards the cost of his/her private nursing home care provided they qualify on means and dependency grounds. The provisions of the Supreme Court judgment do not apply to individuals in private nursing homes who have entered these homes under the nursing home subvention scheme.

A medical card issued by a Health Service Executive, HSE, area enables the bearer to receive certain health services free of charge. Everyone over 70 years of age who is normally resident in Ireland, is entitled to a medical card regardless of means. A medical card granted to a person with full eligibility entitles them to free GP, family doctor, services; prescribed drugs and medicines, with some exceptions, under the GMS Scheme; inpatient public hospital services; outpatient services; dental, optical and aural services; medical appliances; maternity and infant care services; and a maternity cash grant. Where community-type services such as chiropody are concerned, there is no statutory obligation that automatically entitles a person to such services although some health boards do provide a level of these services. Under the Health Act 1970, determination of eligibility for medical cards is the responsibility of the Health Service Executive, HSE, which devises guidelines from time to time for the administration of the medical card scheme.