Gerald Nash (Louth, Labour)
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267. To ask the Minister for Health the criteria that have to be met for HIQA to become concerned about the welfare of residents in a nursing home; and in cases in which HIQA has concerns, the steps it takes; and if he will make a statement on the matter. [39247/20]

Mary Butler (Waterford, Fianna Fail)
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The Chief Inspector of Social Services takes a risk-based approach to regulation which means that decisions are based on the information about the centre. Regulatory activities are prioritised and resources are organised to ensure monitoring, inspection and enforcement are based on the assessment of the risk that the regulated service poses. In deciding the most appropriate regulatory response, the Chief Inspector’s main focus is to ensure the safety of residents and bring about compliance.

There are a number of options available to the Chief Inspector and these include:

- Escalated regulatory activity options such as:

- a risk-based inspection

- seeking further information such as a compliance plan update or assurance report

- provider meeting

- warning letter

- asking the provider for information under the Chief Inspector’s statutory powers under section 65 of the Act

- reassessing the fitness of the provider or persons participating in the management of the designated centre.

Statutory enforcement options such as:

- refuse to register or renew the registration of a designated centre

- vary or remove a centre’s condition of registration

- attach an additional condition of registration

- cancel a centre’s registration

- urgent application to the district court (with or without notice to the provider) to cancel registration or vary, remove or attach additional conditions of registration.

Gerald Nash (Louth, Labour)
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268. To ask the Minister for Health if the late submission of NF01 and NF02 forms to HIQA is a matter that affects the registration of a provider; the consequence if a centre does not submit the forms in a timely manner; if registration and re-registration is possible if forms are not submitted in a timely manner; if, in April 2020, a nursing home (details supplied) submitted all forms in a timely manner; and if not, the action that was taken; and if he will make a statement on the matter. [39248/20]

Mary Butler (Waterford, Fianna Fail)
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Notifiable events are a regulatory requirement and these include notification of a sudden death (NF01) and an outbreak of an infectious disease (NF02) among others. A proportionate approach is taken when providers do not comply with their regulatory requirements. When other means of ensuring sustained compliance with the regulations and standards have failed, such as implementation of a compliance plan (action plan), a cautionary or warning meeting with providers or a warning letter, enforcement action may be taken.

Compliance with all regulations is one aspect of the decision-making process to register or renew the registration of a centre. The fitness of the registered provider and other persons participating in the management of the centre must also be taken into account.

An inspection of the nursing home in question found it to be substantially compliant in regards to the notification of incidents. While the Chief Inspector of Social Services was satisfied that most matters requiring notification had been appropriately notified, during the outbreak, there had been delays in notification. In response to these delays, an action plan has been completed. Full details can be found in the inspection report from May 2020 which is available on the HIQA website.