Michael D Higgins (Galway West, Labour)
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Question 86: To ask the Minister for Health and Children if agreement has been reached with nursing home owners to ensure that they do not pass on the inspection fee to their clients; and if she will make a statement on the matter. [45544/09]

Áine Brady (Kildare North, Fianna Fail)
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I understand the Deputy's question relates to the fees associated with the system of registering and inspecting nursing homes which commenced on 1 July, 2009. The Health Act, 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

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.

The fees therefore are payable by the registered provider, or to be included by the applicant when applying for registration.

I would point out that it is a matter for the registered provider to determine the price charged for services. However the Deputy may be aware that article 28 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.

The Deputy will be aware that the new Nursing Homes Support Scheme came into operation on the 27th October 2009. Under the scheme, the National Treatment Purchase Fund (NTPF) negotiates prices for long-term residential care with private nursing home owners on behalf of the State. The NTPF has accepted that the fees associated with the registration and inspection of nursing homes could be included as part of the reasonable day to day running costs associated with the provision of long-term residential care services and therefore can factor into these negotiations.