Dinny McGinley (Donegal South West, Fine Gael)
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Question 134: 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. [15524/06]

Seán Power (Kildare South, Fianna Fail)
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Private nursing homes are required to be registered under the Health (Nursing Homes) Act 1990 and the providers must have the necessary skills, knowledge and expertise to provide appropriate care to all clients.

In accordance with the Nursing Homes (Care and Welfare) Regulations 1993, a provider must enter into a contract of care with each dependent person and a person acting on his or her behalf. This is set out in paragraphs 7.1 to 7.3 inclusive in the regulations. Also, the code of practice for nursing homes published by the Department of Health and Children sets out the specific requirements in regard to a contract of care.

The HSE, when referring clients to private nursing homes for the provision of care, enters into an agreement with the nursing home with regard to all aspects of care and welfare of the client. The provider must undertake, during the term of the agreement with the HSE, that it will at all times provide care and welfare for each of the patients or clients referred 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 or client must be developed by the provider in conjunction with the hospital and medical personnel referring each patient or 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.