Paul Connaughton Snr (Galway East, Fine Gael)
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Question 96: To ask the Minister for Health and Children if her attention has been drawn to the fact that some private nursing homes are transferring the cost of the new Health Information and Quality fees for the registration and inspection of nursing homes to the residents of those nursing homes; if his further attention has been drawn to the fact that in some cases this is costing more than €11 per week on top of the nursing home fees to pay for this service; if it was her intention that the residents would be liable for this cost; and if she will make a statement on the matter. [32713/09]

Áine Brady (Kildare North, Fianna Fail)
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It has been brought to my attention that a number of private nursing homes have increased their fees following the introduction of the new system of registration and inspection.

As the Deputy is aware under the Health Act 2007, statutory responsibility is given to the Chief Inspector of Social Services, part of the Health Information and Quality Authority (HIQA) for inspecting and registering categories of centres, including nursing homes. HIQA commenced the new system of registration and inspection on July 1st, 2009. This has for the first time, introduced an independent system of inspection of both public and private nursing homes. It is important that this new inspection regime is effective, robust, independent and properly resourced.

In this regard the 2007 Act provides for the following fees: applications for registration or renewal of registration under Section 48 - this section states that the applicant shall include with the application the prescribed application fee; an annual fee payable by the registered provider under Section 99; and a fee for variation or removal of any conditions of the registration under Section 52 - a registered provider making an application under this section must include the fee with their application.

Following analysis of the types of centres, numbers of places, etc. it was decided to set a registration fee of €500, payable every 3 years by each nursing home together with an annual fee of €190 per place in each registered centre. It is estimated that the fee will represent an average weekly cost of €3.73 per registered place. The fees are payable by the registered provider (or in the case of applications for registration by the applicant, who for existing designated centres would normally be the registered provider). These fees are not due or payable by the resident or their family.

Article 8 of the Health Act 2007 (Care and Welfare of Residents in Designated Centres for Older People) Regulations 2009 states that:

(1) The registered provider shall agree a contract with the resident within one month of the admission of that resident to the designated centre.

(2) Such contract shall deal with the care and welfare of the resident in the designated centre and shall include details of the services to be provided for that resident and the fees to be charged.

Therefore, only those fees, including any agreed increases, set out in the contract should be charged by the registered provider to the resident.