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15 2009

Nursing Homes Support Scheme Act 2009

PART 8

Charges in Respect of Care Services

Charges in respect of care services.

33 .— (1) Notwithstanding any other statutory provision, charges may be made by the Executive in respect of the provision of care services within the meaning of paragraph (a)(i) of the definition of “ long-term residential care services ”.

(2) Following consultation with the Executive, the Minister shall lay before the Houses of the Oireachtas details of the goods and services which constitute care services within the meaning of paragraph (a)(i) of the definition of “long-term residential care services ”.

(3) Charges in respect of care services within the meaning of paragraph (a)(i) of the definition of “long-term residential care services” which are provided by the Executive shall not exceed the cost of providing such services, which cost shall be determined by the Executive in accordance with subsection (2).

(4) In determining the cost of care services in accordance with subsections (2) and (3), the Executive—

(a) subject to paragraph (b), shall include only the costs incurred by the Executive in relation to the provision of such care services, and

(b) shall not include costs which are not directly attributable to the provision of such care services except such costs which are prescribed, under regulations made under section 36 , for the purposes of this paragraph.

(5) Charges in respect of care services within the meaning of paragraph (a)(i) of the definition of “long-term residential care services ” in section 3 which are provided on behalf of the Executive shall not exceed the cost incurred by the Executive in relation to the provision of such care services.

(6) Different charges may be made by reference to the class of care services provided and the cost of that class of care services as determined in accordance with subsections (3) to (5).

(7) Charges under this section shall not be payable in respect of care services provided by the Executive or on behalf of the Executive to—

(a) a person under 18 years of age,

(b) a woman in respect of motherhood,

(c) a person detained involuntarily under the Mental Health Acts 1945 to 2001,

(d) a person who pursuant to section 2 of the Health (Amendment) Act 1996 , in the opinion of the Executive, has contracted Hepatitis C directly or indirectly from the use of Human Immunoglobulin Anti-D or the receipt within the State of another blood product or a blood transfusion, or

(e) a person in respect of the treatment of diseases prescribed under Part IV of the Health Act 1947 .

Amendment of Health Act 1970.

34 .— (1) Section 52 of the Health Act 1970 is amended by inserting the following after subsection (1):

“(1A) The Health Service Executive may make available long-term residential care services within the meaning of the Nursing Homes Support Scheme Act 2009.”.

(2) Section 53 (as amended by section 4 of the Health (Amendment) Act 2005 ) of the Health Act 1970 is amended—

(a) by substituting the following for subsection (1):

“(1) Subject to subsection (1A), charges shall not be made for in-patient services made available under section 52 except as provided for in subsection (2).”,

(b) by inserting the following after subsection (1):

“(1A) Charges shall be made for long-term residential care services in accordance with the Nursing Homes Support Scheme Act 2009.

(1B) A reference in subsection (1A) to long-term residential care services shall be construed as a reference to long-term residential care services within the meaning of the Nursing Homes Support Scheme Act 2009 as respects such services provided to a person who first begins to receive those services after the coming into operation of section 6 (2) (c) of the Nursing Homes Support Scheme Act 2009.

(1C) A person in respect of whom charges are being made under subsection (2) shall not be required to pay charges under subsection (1A).”.

(3) The Health Act 1970 is amended by inserting the following section after section 53:

“Charges for in-patient services in certain cases.

53A.— (1) This section applies where in-patient services (not being long-term residential care services within the meaning of the Nursing Homes Support Scheme Act 2009) are provided to a person in a hospital for the care and treatment of patients with acute ailments (including any psychiatric ailment) and a medical practitioner designated by the Health Service Executive has certified in writing that the person in receipt of such services does not require medically acute care and treatment in respect of any such ailment.

(2) Where this section applies, notwithstanding section 53, charges may be made in respect of in-patient services on the basis specified in subsection (3) as if those services were long-term residential care services within the meaning of the Nursing Homes Support Scheme Act 2009 provided by the Health Service Executive, and whether or not the person concerned has made an application for State support under section 9 of that Act.

(3) The charges referred to in subsection (2) shall be determined by the average cost of long-term residential care services as determined by the Health Service Executive in facilities operated by the Health Service Executive and publicly designated in writing as facilities predominantly for the care of older people.

(4) Subject to subsection (5), this section shall not apply where a person has applied for a care needs assessment under section 7 of the Nursing Homes Support Scheme Act 2009 and is awaiting a determination by the Executive under section 7 of that Act.

(5) Subsection (4) shall not apply where a person withdraws an application under section 7 of the Nursing Homes Support Scheme Act 2009 and makes a subsequent application.”.