Denis Naughten (Roscommon-South Leitrim, Fine Gael)
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Question 282: To ask the Minister for Health and Children the funding paid to date in 2009 to the nursing home scheme administrator; the total number of files on hand; the timetable for completion of the assessments; and if she will make a statement on the matter. [29666/09]

Denis Naughten (Roscommon-South Leitrim, Fine Gael)
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Question 285: To ask the Minister for Health and Children the position regarding the issues raised in Parliamentary Question Nos 108 and 109 of 30 April 2009; and if she will make a statement on the matter. [29674/09]

Mary Harney (Dublin Mid West, Progressive Democrats)
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I propose to take Questions Nos. 282 and 285 together.

The Health Service Executive (HSE) has responsibility for administering the health repayment scheme in conjunction with the appointed scheme administrator KPMG/McCann Fitzgerald. The Health (Repayment Scheme) Act 2006 provides a clear legal framework to repay recoverable health charges for publicly funded long term residential care. Recoverable health charges are charges which were imposed on persons with full eligibility under the Health (Charges for In-patient Services) Regulations 1976 as amended in 1987 or charges for in-patient services only, raised under the Institutional Assistance Regulations 1954 as amended in 1965. All applications received under the scheme are processed within this legal framework and specific details on certain cohorts of applicants, such as those outlined by the Deputy are not currently available. The Act provides for the HSE to submit an application on behalf of patients in care who due to a physical or mental disability or ill heath are unable to apply themselves and have no other connected person to apply on their behalf.

Over 35,000 completed applications have been received by the Scheme Administrator and 7,600 of these applications were submitted by the HSE on behalf of patients. Approximately 7,250 HSE applications have been concluded, 350 HSE claims remain to be concluded and approximately 1,100 of these HSE claims have been appealed. The procedure employed to have an offer accepted or reviewed when HSE staff make an application is in accordance with the legislative provisions of the Act. If the applicant disagrees with the repayment amount offered an appeal is lodged under section 16 of the Act which provides for the process for those who wish to appeal the decision of the Scheme Administrator. When HSE staff accept an offer of repayment on behalf of a patient, the repayment is made directly to the relevant patient private property account. The Health Repayment Scheme Appeals Office is an independent office established to provide an appeals service to those who wish to appeal the decision of the Scheme Administrator under the Health (Repayment Scheme) Act 2006.

Up to the 26 June 2009, the Health Repayment Scheme Appeals Office has received 1,618 completed appeal forms from all claimants who had received an offer from the Scheme Administrator. Decisions have been made in 878 of these appeals and 406 of these decisions have disagreed with the amounts offered by the Scheme Administrator. The Health Repayment Scheme Appeals Office has received 4,038 completed appeal forms from all claimants whose claim had been rejected by the Scheme Administrator. Decisions have been made in 2,687 of these appeals and 322 of these decisions have disagreed with the decision of the Scheme Administrator.

17,605 payments totalling in excess of €390 million have issued while over 20,400 offers of repayment totalling over €408 million have been made up to 26 June 2009. Approximately 1,000 claims are currently outstanding and these claims are being concluded on an ongoing basis. The time taken to process each application is dependent on the complexity of the application and the availability of accurate records. In addition an offer of repayment cannot be completed until the statutory 28 appeal period has elapsed and a completed form of acceptance returned to the Scheme Administrator. In addition claimants must be given the opportunity to appeal the decision of the Scheme Administrator and the appeals process will impact on the overall timeframe for the completion of repayments under the Scheme. A total of €13 million has been paid to the Scheme Administrator to date including €1.3 million which has been paid in 2009.