Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Question 201: To ask the Minister for Health and Children the position that will apply under the terms of the fair deal scheme when a resident here is obliged to take up or is placed in a nursing home facility north of the Border; the access and arrangements in place across the Border for inspectors from the nursing homes inspectorate to carry out their function; if she will confirm that all existing residents of such facilities, up to the coming into force of the fair deal scheme, will face no change in their arrangements and supports; and if she will make a statement on the matter. [41404/09]

Áine Brady (Kildare North, Fianna Fail)
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The Nursing Homes Support Scheme, A Fair Deal, is a new system of financial support for people who are ordinarily resident in Ireland and require long-term nursing home care. The scheme encompasses an important principle of resident choice. The effect of this principle is that applicants can choose any public, private or voluntary nursing home in the State which is approved for the purposes of the scheme. The scheme does not extend to nursing homes in Northern Ireland. The decision not to extend the scheme to such nursing homes was taken by Government on the basis of legal advice received. However, anyone who was in an approved private nursing home when the scheme commenced can retain their existing subvention arrangements. This includes those in nursing homes in Northern Ireland.

With regard to the inspection of nursing homes, the Health Act, 2007 provides for the establishment of the Health Information and Quality Authority (HIQA) and for the registration and inspection of all nursing homes by the Chief Inspector of Social Services, part of the HIQA. One of the functions of the Authority is to set standards on safety and quality in relation to designated centres at which residential services for older people are provided by: 1. the Health Service Executive. 2. a service provider. 3. a person who receives assistance under section 39 of the Health Act, 2004.

4. a nursing home as defined by section 2 of the Health (Nursing Homes) Act, 1990.

In Northern Ireland the Regulation, Quality and Improvement Authority (RQIA) is responsible for registering, inspecting and encouraging improvement in a range of health and social care services delivered by statutory and independent providers, in accordance with regulations in The Health and Personal Social Services (Quality, Improvement and Regulation)(Northern Ireland) Order 2003. The Health Act, 2007 contains no provisions for the Chief Inspector to inspect nursing homes in Northern Ireland nor for the RQIA to inspect designated centres here.