Richard Bruton (Dublin North Central, Fine Gael)
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Question 392: To ask the Minister for Health and Children if she has seen the terms of the contract under which refunds of moneys unlawfully collected by the Government from persons in nursing homes is being administered; if the Health Service Executive or the private contractor has been responsible for the delays in making the refunds; and if the penalty provisions for failing to meet targets apply either to the HSE as an agent of her, or to the private contractor as an agent of the HSE. [20615/07]

Mary Harney (Dublin Mid West, Progressive Democrats)
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The Health Service Executive (HSE) has responsibility for administering the repayment scheme for recoverable health charges, including the recruitment of the external scheme administrator KPMG/McCann Fitzgerald on a contractual basis to assist with the administration of the scheme. This contract between the HSE and the scheme administrator is for a period of two years and expires in July 2008. My Department had no involvement in negotiating the terms of the contract or the penalties contained therein. The HSE has informed my Department that any penalty provisions in the contract will be applied by the HSE as required.

The HSE has indicated that the delays in making refunds under the scheme have been due to legal and technical issues. A high proportion of the applications received cannot be processed due to insufficient information or the information provided is unclear.