Olivia Mitchell (Dublin South, Fine Gael)
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Question 53: To ask the Minister for Health and Children if she will introduce legislation to regulate and inspect home care services; the estimated cost of regulating home care services; and if she will make a statement on the matter. [20289/10]

Áine Brady (Kildare North, Fianna Fail)
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The key priorities in relation to services for older people in recent times have been the introduction of the Nursing Homes Support Scheme, and the bringing into force of new regulatory standards for the long-term residential care sector.

In tandem with these initiatives for the residential sector, various aspects of community based services have also been advanced by the Department and the HSE, including an expansion of Home Care Packages, and the publication in December last of an independent Evaluation of Home Care Packages commissioned by the Department.

As regards the possible regulation of home care services, the July 2008 Report of the Commission on Patient Safety and Quality Assurance recommended, inter alia, the extension of any licensing systems in health care to primary, community and continuing care service.

More recently, in July 2009 the Law Reform Commission published a consultation paper entitled "Legal Aspects of Carers". This considers the legal issues surrounding home care and makes a number of provisional recommendations in the area of standards and regulations generally, including vetting, training and supervision. It also provisionally recommends giving a function to the Health Information and Quality Authority (HIQA) in relation to professional home care. Any such changes would require primary legislation and detailed stakeholder consultations.

The Department accepts the need for a more standardised approach to the regulation of home care generally, whether by public or private provision. This year the HSE intends to:

finalise and circulate standardised access and operational guidelines for delivery of Home Care Packages;

adopt and disseminate a voluntary code of Quality Guidelines for Home Care Support Services for Older People; and develop and publish a Procurement Framework for home care services.

The Department will also consider the Law Reform Commission's recommendations in the context of possible changes to legislation and regulation in the area of home care for older persons generally.