Written answers

Thursday, 9 September 2021

Photo of Paul MurphyPaul Murphy (Dublin South West, RISE)
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1331. To ask the Minister for Health if he will expand and strengthen HIQA powers in relation to care home facilitates and rotate HIQA inspectors with unannounced inspections only. [42468/21]

Photo of Mary ButlerMary Butler (Waterford, Fianna Fail)
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In August 2020, the Nursing Home Expert Panel (NHEP) report was published which contained 86 recommendations, across 15 thematic areas, many of which will require legislative measures to implement. HIQA also submitted a paper to the Department outlining a number of suggested amendments to the legislation governing the operation of designated centres for older people.

Having regard to the NHEP recommendations, learning from the pandemic and HIQA's suggested regulatory enhancements, Minster Donnelly and I approved a two-phased approach to examining the legislation with a view to proposing enhancements to the primary and secondary legislation governing nursing homes.

It is envisaged that phase 1 will bring forward interim enhancements to the primary legislative framework to enhance governance and oversight of nursing homes. The proposals will, amongst other things, provide new and enhanced enforcement powers for the Chief Inspector of Social Services, HIQA; reduce timelines and processes for regulatory actions and introduce a new reporting system for the reporting and publication of key operational data to support national planning in an integrated way and improve the information available. In January 2021 the Government approved the inclusion of a Health (Amendment) Bill 2021 on its legislative agenda. It is expected that, subject to Government approval, a draft General Scheme will be published by the end of the year in line with Sláintecare commitments, with a Bill and secondary legislation being published next year. The Department has commenced preliminary consultation with relevant stakeholders on the high-level thematic proposals.

In addition, secondary legislation will be drafted to enhance the current regulations in relation to a number of areas including infection prevention and control, governance and management and staffing.

A bilateral project group, established in October 2020 and comprising representatives from the Department and HIQA, is supporting the legislative process.

A wider review of the regulatory framework, phase 2, will commence in the second half of 2022, taking into account a programme of longer-term strategic reform considerations arising from inter alia pandemic learning with a view to exploring moving towards a service licensing system.

As the independent regulator of nursing homes, the Chief Inspector determines the appropriate approach and interventions required to monitor and ensure compliance with the regulatory framework. The Chief Inspector adopts a risk-based approach to regulation, prioritising monitoring, inspection and enforcement, based on the assessment of the risk, including the type of inspection undertaken. The approach to inspections typically includes a mix of announced and unannounced, as required.

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