Eamon Gilmore (Dún Laoghaire, Labour)
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Question 185: To ask the Minister for Health and Children the way the terms a contract bed in a private nursing home and long stay maintenance charges are defined in primary legislation, regulation or guidelines issued by her Department; and if she will make a statement on the matter. [17731/08]

Mary Harney (Dublin Mid West, Progressive Democrats)
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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 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 previous 12 months.

The charges are implemented by way of the Health (Charges for In-Patient Services) Regulations 2005. 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 in relation to themselves or their dependants, if any. 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.

The term "contract bed" is not defined in primary legislation, regulation or by way of departmental guidelines. The term "private nursing home" is defined in the Health (Nursing Homes) Act 1990 (as amended). I have arranged for copies of the relevant legislation to be sent to the Deputy. Finally, I would like to take this opportunity to point out that it is intended to ultimately replace the arrangements for funding public nursing home beds, contract beds and private nursing home subventions with a single, uniform system of financial support, namely A Fair Deal.