Michael Lowry (Tipperary North, Independent)
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Question 183: To ask the Tánaiste and Minister for Health and Children if patients in long-stay care in private nursing homes will be eligible for similar repayments to those in public long-stay care. [13074/05]

Seán Power (Kildare South, Fianna Fail)
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The Supreme Court judgment of 16 February last related only to charges in public long-stay institutions and publicly contracted beds in private nursing homes. My Department has received counsel's advice on the Health (Nursing Homes) Act 1990 and regulations made thereunder. This advice, which is privileged, is being examined in consultation with the Attorney General's office and it would be inappropriate at this stage to comment on the advice.