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Nursing Home Charges

Date released: 17.02.2005

Ombudsman's statement on the issue of Nursing Home Charges following the decision of the Supreme Court on 16 February "IN THE MATTER OF ARTICLE 26 OF THE CONSTITUTION AND THE HEALTH (AMENDMENT )(N02) BILL, 2004"

The Ombudsman, Ms Emily O'Reilly, refers to her previous press statement dated 20 December 2004 on this matter.

• The Ombudsman notes that, in its judgment of 16 February, the Supreme Court held that the Oireachtas required health boards, at all times prior to the passing of the Bill, to make in-patient services available to all persons suffering from physical and mental disability. The Court also determined that the original intent of the legislature, to be found in section 53 of the Act of 1970, was to expressly confer on persons of full eligibility under the health acts the right ( Ombudsman emphasis ) to in-patient services without charge. In addition, the Court also determined that because the statutory right ( Ombudsman emphasis) existed, patients were entitled to receive the relevant services free of charge, and that this right persists so long as section 53 (1) of the Act of 1970 remains unchanged, as it does.

• The Ombudsman now intends to revisit a number of complaints which she has held in suspense pending the publication of the Supreme Court judgment. These complaints relate to the rights of medical card holders to in-patient services in public institutions, other than public nursing homes. These include institutions for the mentally ill, community hospitals, etc. The Ombudsman will pursue the individual complaints with the relevant area of the Health Service Executive, on an individual basis, and with the Department of Health and Children on a general basis. At issue here is the question of treating these classes of medical card holders in the same manner as those covered by the Supreme Court judgment.

• Finally, as indicated in her press statement of 20 December, 2004, the current controversy has focused solely on the question of patients in public institutions. It does not deal with the issue of those medical card holders who could not be provided with a bed in a public institution, due to a shortage of such beds, and who were directed by the health boards towards private care, without in any way acknowledging their own responsibilities in the area. Whilst the Supreme Court does not address this issue directly, the Ombudsman will be asking the Department of Health and Children to revisit this issue again in the light of the judgment.

For further information contact: Michael Brophy , Office of the Ombudsman, 18 Lower Leeson Street, Dublin 2. Tel:- (01)6395639, e-mail: michael_brophy@ombudsman.gov.ie
or Matthew Merrigan, Tel:- (01) 6395635, email: matthew_merrigan@ombudsman.gov.ie

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