Seán Ó Fearghaíl (Kildare South, Fianna Fail)
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163. To ask the Minister for Health to detail the position regarding a person (details supplied) in County Kildare who is in nursing home care for a period of ten years; if this person can be expelled from the particular nursing home on the grounds of having developed a dementia; if his Department will also consider the appropriateness of the fees and charges being applied to this patient; and if he will make a statement on the matter. [42527/14]

Kathleen Lynch (Cork North Central, Labour)
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The Health Act 2007 (Care and Welfare of Residents in Designated Centres for Older People) Regulations 2013 provide that nursing home operators must agree a contract with each resident on admission. This contract must include the terms on which that resident shall reside in the home. It must include details of the services to be provided to the resident and the fees to be charged for such services. Residents should not be charged fees which are not set out in the contract.

In addition, theHealth Information and Quality Authority has developedNational Quality Standards for Residential Care Settings for Older Peoplewhich have been approved by the Minister for Health. Standard 7 requires that each resident has a written contract. The supporting criteria to the Standard indicate that the contract should include the terms and conditions relating to the period of occupancy, the period of notice to leave, and the circumstances which the resident can be discharged or the contract terminated.

The HSE is not a party to such contracts, which are concluded between each resident and their nursing home.