Mary Upton (Dublin South Central, Labour)
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Question 90: To ask the Minister for Health and Children if she will address the issues (details supplied) in relation to the proposed fair deal legislation; and if she will make a statement on the matter. [36606/08]

Máire Hoctor (Tipperary North, Fianna Fail)
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The Nursing Homes Support Scheme Bill 2008 was published on the 9th October. The Minister intends to bring the legislation through the Houses of the Oireachtas as soon as possible with a view to implementing the scheme in 2009.

Budget 2009 provided €55 million for the implementation of the Nursing Homes Support Scheme next year. This brings the total funding in the subhead for long-term residential care to €909 million. The Department is carefully considering the implementation of the scheme within the context of that allocation.

With regard to the funding for contract beds and enhanced subvention, operational responsibility for the management and delivery of health and personal social services was assigned to the Health Service Executive (HSE) under the Health Act 2004. The Department is advised by the HSE that it is currently working to distribute the funding.

The HSE further advise that all private nursing home providers have been written to and advised of the revised arrangements and individual files are being reviewed at Local Health Office level. The calculations are quite substantial in respect of these individual cases and work will continue between now and the end of the year to make the necessary payments with appropriate arrears being paid where appropriate. Nursing Homes Ireland have also been advised of the position.

The Regulatory Impact Assessment for the National Quality Standards for Residential Care Settings for Older People has not yet been finalised. This will highlight the resources required and will have to be considered in drafting regulations.

Under the Health Act 2007, statutory responsibility is given to the Chief Inspector of Social Services for inspecting and registering all residential centres for older people, including private nursing homes. Once this part of the 2007 Act is commenced, he or she will inspect centres against the regulations governing these centres and standards set by HIQA. The overall resources that will be made available to HIQA in 2009 is dependant on the outcome of the budget and estimates process for next year, which is not yet finalised.

Finally, individuals who qualify for certain therapies while being cared for in the community continue to qualify if they enter long-term residential care.