Bernard Allen (Cork North Central, Fine Gael)
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Question 23: To ask the Tánaiste and Minister for Health and Children if all contract beds have a contract of care with the private nursing homes involved; and if she will make a statement on the matter. [8326/06]

Bernard Allen (Cork North Central, Fine Gael)
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Question 78: To ask the Tánaiste and Minister for Health and Children if it is Government policy to insist that no contract beds will be bought or paid for by the public health services unless a contract of care is drawn up between the health authorities and the private nursing home involved; and if she will make a statement on the matter. [8354/06]

Mary Harney (Dublin Mid West, Progressive Democrats)
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I propose to take Questions Nos. 23 and 78 together.

In accordance with the Nursing Homes (Care and Welfare) Regulations 1993, a provider must undertake a contract of care in regard to each dependent person and-or a person acting on his-her behalf. This is set out in paragraphs 7.1 to 7.3 of the nursing home regulations. Also, under the Code of Practice for Nursing Homes published by the Department of Health and Children, there are specific requirements in regard to a contract of care; these are set out under section 5 of the code, which is voluntary.

The HSE, when contracting beds from private nursing homes for the provision of care to clients referred by the HSE, enters into an agreement with the home in relation to all aspects of the contract and service provision.

The nursing home is required to be registered under the Health (Nursing Homes) Act 1990 and the provider must have the necessary skills, knowledge and expertise to provide appropriate care to clients referred by the HSE.

The provider must undertake, during the term of the agreement, that it will at all times provide care and welfare for each of the patients-clients identified by the HSE in proper accordance with their individual needs and requirements and, more particularly, strictly in accordance at all times with the terms, conditions and obligations contained in the Health (Nursing Homes) Act 1990 and the Nursing Homes (Care and Welfare) Regulations 1993, as amended. Generally, prior to admission a care plan, which will specify the extent of the services required by the patient-client, must be developed by the provider in conjunction with the hospital referring each patient-client and the provider undertakes to implement same. This will include all services considered essential to the maintenance of a person in a nursing home.