Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Question 1027: To ask the Minister for Health the way in which the setting of fees by nursing homes under the nursing home support scheme is monitored; if his attention has been drawn to the fact that some nursing homes are setting additional service charges on top of the agreed fees and that, in some cases, these charges are for services supposed to be covered by the NHSS, including beds; if any sanction can be taken against such improper charging; if he will clarify the services covered and not covered under the NHSS; and if he will make a statement on the matter. [24184/11]

Kathleen Lynch (Cork North Central, Labour)
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The National Treatment Purchase Fund (NTPF) has statutory responsibility for the negotiation of prices with private and voluntary nursing homes for the purposes of the Nursing Homes Support Scheme. The NTPF is independent in the performance of this function and, in carrying it out, it must ensure value for money for both the individual and the State. The NTPF negotiates with each nursing home individually and may examine the records and accounts of nursing homes as part of the process. This method of negotiation is necessary in order to ensure that the State obtains the best value for each individual in a nursing home and to comply with competition law.

The Nursing Homes Support Scheme provides financial support in respect of the cost of long-term residential care. The services which fall within the scope of long-term residential care are:

· nursing and personal care appropriate to the level of care needs of the person,

· bed and board,

· basic aids and appliances necessary to assist a person with the activities of daily living, and

· laundry service.

Incontinence wear is provided free of charge by the HSE to all Fair Deal residents within approved nursing homes.

A person's eligibility for other schemes, such as the Medical Card Scheme or the Drugs Payment Scheme, is unaffected by the Nursing Homes Support Scheme. In other words, a person can continue to receive goods and services in accordance with the terms of these other schemes regardless of whether they are in a private nursing home or elsewhere.

A person who avails of the Nursing Homes Support Scheme should not be charged any additional fee over and above this agreed price, except where he or she chooses to obtain additional services over and above long-term residential care services, for example, hairdressing or the delivery of daily newspapers. 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 the independent inspection and registration of certain categories of designated centres. This includes residential care settings for older people. Since the 1st July 2009 all nursing homes (public, private and voluntary) are registered under the Health Act 2007 (Registration of Designated Centres for Older People) Regulations 2009, as amended, by the Chief Inspector. All nursing homes are inspected under the Health Act 2007 (Care and Welfare of Residents in Designated Centres for Older People) Regulations 2009, as amended, and must meet the National Quality Standards for Residential Care Settings for Older People in Ireland. Article 28 of the Regulations provides that the registered provider shall agree a contract with the resident within one month of admission and that the contact includes details of the services to be provided and the fees to be charged.

The Chief Inspector has the power to refuse to register, attach conditions to a registration or cancel the registration of a designated centre in the event of non-compliance with the regulations or the standards.