Nicky McFadden (Longford-Westmeath, Fine Gael)
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Question 215: To ask the Minister for Health his views on the fairness of the national patient treatment fund appeals process; if an independent appeals process will be created; and if he will make a statement on the matter. [36711/11]

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. 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.

When negotiations on price break completely down with a particular private nursing home a review process has been developed by NTPF. The case is transferred to an NTPF representative, not previously involved with negotiations, to take a completely fresh look at the file, the pricing proposals and the facts of the case. A written report of this peer review is then produced. If this step proves to be unsuccessful the file may be submitted to the NTPF Director of Finance for further consideration. If agreement on price still cannot be reached after these steps the file is submitted to the NTPF CEO for a final decision. To protect resident interests throughout this process the nursing home is offered a roll over agreement at the last agreed price.

The spirit and intent of this method is to ensure that each pricing submission is given a rigorous, reasonable and fair assessment by NTPF and, so far, has proved to be a practical business like way for both sides to deal with contentious issues. Details of the review process have been shared with the representative body for private nursing homes (Nursing Homes Ireland) and it is also set out on the NTPF website.