James Reilly (Dublin North, Fine Gael)
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Question 156: To ask the Minister for Health and Children if her attention has been drawn to the fact that a Health Service Executive company (details supplied) is charging means tested clients private fees and donations over and above the fee it has contracted with the HSE for homecare services; if this practice is approved by her Department; if it is legal in view of the fact that the company has been contracted and remunerated by the HSE to provide those services; if her attention has further been drawn to other companies or service providers of homecare services engaging in such practices; and if she will make a statement on the matter. [47562/08]

Máire Hoctor (Tipperary North, Fianna Fail)
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The legislation relating to the provision of home care services is Section 60 and 61 of the Health Act 1970.

Section 60, which relates primarily to nursing services for those with full eligibility, prescribes the provision of relevant services without charge. Section 61 relates to "arrangements to assist in the maintenance at home" and covers, for example, Home-Help services. This Section allows the CEO of a Health Board, now the Health Service Executive, to determine charges, and includes provision for any directions given by the Minister. No such directions have been made to-date. It is understood that, in practice, the Executive does not apply charges for services envisaged under Section 61 but that, in certain cases, voluntary agencies funded by the Executive may receive contributions by agreement with individuals.

My colleague, the Minister for Health and Children, is not familiar with the particular operational issue raised by the Deputy. In the circumstances, and as this is a service matter, it has been referred to the Executive for direct reply.