Richard Bruton (Dublin North Central, Fine Gael)
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Question 12: To ask the Tánaiste and Minister for Health and Children her Department's interpretation of the 2001 Health legislation that gives statutory in-patient care to every person over the age of seventy; if this provides for free nursing home care in either a public or private nursing home to all patients over the age of seventy; and if she will make a statement on the matter. [21220/06]

Seán Power (Kildare South, Fianna Fail)
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Section 53 of the Health Act, 1970, provides for charges to be made in respect of in patient services generally. In regard to public long-stay care, Section 53 was amended by the Health (Amendment) Act, 2005 to provide for a charge where in-patient services have been provided for a period of not less than 30 days, or for periods aggregating not less than 30 days within the pervious 12 months.

This was implemented by the Health (Charges for In-Patients Services) Regulations 2005 which provided for the levying of charges in respect of the maintenance of person in public long-stay care. Services are not, therefore, free in public units and in respect of private nursing homes, the financial support given by the State to patients is at present governed by the Health (Nursing Homes) Act, 1990 and subsequent Regulations, which allow the State to pay a subvention towards the cost of private nursing home care. The Health (Miscellaneous Provisions) Act 2001 does not give statutory entitlement to free nursing home care in either public or private nursing homes.

The Report of the inter-departmental Working Group on long term care which examined funding issues relating to residential and community care, is at present being considered by the Cabinet.