John Perry (Sligo-Leitrim, Fine Gael)
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Question 102: To ask the Tánaiste and Minister for Health and Children the instructions which have been issued to the Health Service Executive north western area regarding the implementation of legislation to cover the charging of long stay charges; when same was issued as lack of clear instructions mean that all former health board areas are at a loss of millions in revenue every month and contribute to difficulties in provision of existing health care services nationwide; the reason for the delay in implementing such a critical issue for the nation as a whole; and if she will make a statement on the matter. [31086/05]

Mary Harney (Dublin Mid West, Progressive Democrats)
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The charging for long-stay care under the Health (Amendment) Act 2005 is being implemented by way of the Health (Charges for In-Patient Services) Regulations 2005. These regulations were signed on 14 June 2005 and re-instated charges for inpatient services as well as providing for the levying of a charge in respect of the maintenance of persons in receipt of inpatient services. The regulations were prepared following extensive consultation with the HSE and others.

Section 53 of the Health Act 1970, as amended by the Health (Amendment) Act 2005, provides, inter alia, for the levying of a charge where inpatient services have been provided for a period of not less than 30 days or for periods aggregating not less than 30 days within the previous 12 months.

In this regard, charging of patients in long-term care commenced on 14 July 2005, which was after the expiration of 30 days after the regulations were signed. Provision will be made this year for the HSE's shortfall in revenue resulting from the absence of charges for long-term care between 9 December 2004 and 14 July 2005 and for any changes in the nature of the charges since that date.

In keeping with section 53 of the Health Act 1970, as amended, the regulations have provided for two different classes of persons on whom charges can be levied.

Class 1 refers to people in receipt of inpatient services on premises where nursing care is provided on a 24-hour basis on those premises. In this case, a weekly charge can be levied of €120 or the weekly income of that person less €35, whichever is the lesser.

Class 2 refers to people in receipt of inpatient services on premises where nursing care is not provided on a 24-hour basis on those premises. In this situation, a weekly charge can be levied of €90 or the weekly income of that person less €55 or 60% of the weekly income of that person, whichever is the lesser.

These regulations provide for the maximum charge to be levied on either class of person. The HSE has the power to reduce or waive a charge on the grounds of "undue hardship". Under section 1(b) of the Health (Amendment) Act 2005, the HSE can examine a person's overall financial situation in view of the person's reasonable expenditure concerning themselves or their dependants, if any.

The management and delivery of health and personal social services are the responsibility of the HSE under the Health Act 2004. It is a matter for the HSE, based on its own legal advice and taking into account the individual circumstances as well as the service being provided, to make a decision on any charges levied.