Written answers
Monday, 9 September 2024
Department of Health
Nursing Homes
Peadar Tóibín (Meath West, Aontú)
Link to this: Individually | In context | Oireachtas source
1637.To ask the Minister for Health if regulations can be introduced to ensure that relatives of deceased nursing home residents have access to the care and medical records of their loved ones.[34054/24]
Peadar Tóibín (Meath West, Aontú)
Link to this: Individually | In context | Oireachtas source
1638.To ask the Minister for Health to ensure that care and medical records for a person (details supplied) will be made available to their relatives.[34055/24]
Peadar Tóibín (Meath West, Aontú)
Link to this: Individually | In context | Oireachtas source
1770.To ask the Minister for Health if the law will be amended to allow children who have enduring power of attorney over the affairs of their parents to apply for and receive the medical records of their parents after they die, held by nursing homes.[34806/24]
Mary Butler (Waterford, Fianna Fail)
Link to this: Individually | In context | Oireachtas source
I propose to take Questions Nos. 1637, 1638 and 1770 together.
As the Deputy may be aware, the legal position for accessing the care and medical records of deceased nursing home residents is complex. The resident's right to confidentiality must be always respected, and the nursing home is obliged to respect this right when they are alive and after their death. Furthermore, the right to access a copy of care and medical records in accordance with Recital 27 of the General Data Protection Regulation (GDPR), does not apply to the personal data of deceased persons. In addition, any rights that the family may have with an Enduring Power of Attorney also cease on the death of a loved one.
I appreciate that there are times when families wish to access the care and medical records of their loved ones and that there isn’t always a formal accessible process for seeking this information. I would encourage families to engage with the nursing home at the earliest opportunity and try to seek a local resolution. It is incumbent on Nursing Homes to do their utmost to facilitate requests for records where appropriate, and if the nursing homes are unable to release records, they should facilitate the family's request for information and answers to their questions. These requests should be managed compassionately by the nursing home, whilst cognisant of the legal restrictions and the resident's right to confidentiality after death.
If the matter is not resolved locally, families must be made aware of the different formal avenues that they can pursue which include the formal complaints route and if necessary, the Ombudsman.
I understand that there are challenges in this area, and I have asked officials in the Department to examine the issue and advise me on any actions that can be taken in this regard.
No comments