Michael Healy-Rae (Kerry, Independent)
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348. To ask the Minister for Health to outline his views on correspondence (details supplied) regarding the nursing homes support scheme; and if he will make a statement on the matter. [17289/16]

Helen McEntee (Meath East, Fine Gael)
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The legislation underpinning the Nursing Homes Support Scheme (NHSS) requires each private nursing home to negotiate and agree a price for long-term residential care services with the National Treatment Purchase Fund (NTPF) should they wish to be an approved nursing home for the purposes of the Scheme.

In negotiating with nursing homes the NTPF has regard to:

- costs reasonably and prudently incurred by the nursing home and evidence of value for money;

- price(s) previously charged;

- local market price, and

- budgetary constraints and the obligation on the State to use available resources in the most beneficial, effective and efficient manner to improve, promote and protect the health and welfare of the public.

The NTPF has statutory independence in the performance of its function, and negotiates with each nursing home on an individual basis. The NTPF may examine the records and accounts of nursing homes as part of the process with the objective of setting a fair price which delivers value for money to the individual and the State. Pricing contracts are purely a matter for agreement between the NTPF and the nursing home in question. The Department of Health has no role in such individual negotiations.

The Nursing Homes Support Scheme covers the cost of the standard components of long-term residential care which 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 everyday living; and

- Laundry service.

Additional charges may not be levied in respect of the above components of care. A person's eligibility for other schemes, such as the medical card scheme or the drugs payment scheme, is unaffected by participation in the NHSS or residence in a nursing home. Part 7 of the Health Act 2007 (Care and Welfare of Residents in Designated Centres for Older People) Regulations 2013 stipulates that the registered provider of the nursing home must agree a contract in writing with each resident on their admission to the nursing home. This contract must include details of the services to be provided to that resident and the fees to be charged. Residents should never be charged fees which are not set out in this contract. The Department of Health are not a party to such contracts which are concluded between each resident and their nursing home.

Registered providers of nursing home care are obliged to provide an accessible and effective complaints procedure. Concerns about additional charges should in the first instance be taken up with the nursing home provider. The Office of the Ombudsman can examine complaints about the actions of a range of public bodies and, from 24 August 2015, complaints relating to the administrative actions of private nursing homes. The Office of the Ombudsman normally only deals with a complaint once the individual has already gone through the complaints procedure of the private nursing home concerned.