Kieran O'Donnell (Limerick City, Fine Gael)
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The Nursing Home Support Scheme (NHSS) 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 the person with the activities of daily living
• Laundry service

It excludes other costs such as therapies, more specialised aids and appliances, social activities, transport and individual items and services such as specialised laundry, newspapers and hairdressing. Many of these items were excluded from the definition of long-term residential care because they relate to services covered under the medical card or other eligibility schemes.

Part 7 of the Health Act 2007 (Care and Welfare of Residents in Designated Centres for Older People) Regulations 2013 (as amended) 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 and is inclusive of all additional charges. Residents should never be charged fees which are not set out in the contract. The Department of Health and the HSE are not a party to such contracts which are concluded between each resident and their nursing home.

The Competition and Consumer Protection Commission (CCPC) is an independent statutory body with a dual mandate to enforce competition and consumer protection law in Ireland. CCPC’s mission is to promote competition and enhance consumer welfare. The CCPC has published consumer protection guidelines for contracts of care in long-term residential care services for older people. The guidelines set out the obligations and responsibilities that providers must adhere to under consumer protection law and are aimed at providing greater transparency, clarity and certainty for consumers. The guidelines can be found on the website www.ccpc.ie/business/help-for-business/guidelines-for-business/nursing-home-guidelines/.

Concerns about additional charges should in the first instance be taken up with the nursing home provider who, under Part 10 of the Health Act 2007 (Care and Welfare of Residents in Designated Centres for Older People) Regulations 2013 (as amended), are obliged to provide an accessible and effective complaints procedure. Where an individual is not satisfied with the response they receive, they may wish to take their complaint further by seeking a review from the Office of the Ombudsman.

The issue of additional charges is multifaceted; there are a number of separate factors driving this issue. The Department of Health is currently reviewing the available evidence and potential actions to address the different factors.