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Annual Report of the Ombudsman 2003

Chapter 3 - East Coast Area Health Board - Complaint About Patient Charges

East Coast Area Health Board

Complaint About Patient Charges

I received a complaint from a woman whose late husband had been a long-stay patient in one of the East Coast Area Health Board's elderly care hospitals from 31 January 1995 until his death on 21 September 1997. A maintenance charge of £45 per week was raised by the Board and paid by the lady for the duration of her late husband's stay in the hospital. Her husband was the holder of a medical card and she was his dependant. In the circumstances she believed that charges were not applicable.

I pointed out to the Board that under the Health (Charges for In-Patient Services) Regulations, 1976, as amended, a charge towards the cost of in-patient services provided under Section 52 of the Health Act, 1970 may be made on a person who is not a person with full eligibility (has a medical card) where the person has no dependants. However, in this particular case the patient was the holder of a medical card and had a dependant. Therefore, maintenance charges should not have been raised. The Board reviewed the case and agreed to refund the charges levied for the period in question. A refund of €7,746.30 was issued to the lady.

However, it is my view that an individual should not be at a loss because of an error on the part of any public body, and all measures to restore an individual to the position he or she would have been in, had the error not occurred, should be taken.

I put it to the Board that the refunded amount did not include any element of compensation to cover the loss of purchasing power in the intervening period. As the charges were incorrectly levied I asked the Board to consider this matter further. The Board decided that, in the circumstances, compensation was in fact payable and an amount of €2,102.58 based on the monthly Consumer Price Index was also paid to take account of this situation.

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