Nursing Homes Support Scheme Act 2009

23

Notification of death or discharge of person provided with financial support under Scheme.

23.— (1) Where a person provided with financial support—

(a) dies in an approved nursing home,

(b) is discharged from an approved nursing home, or

(c) is otherwise no longer normally residing in an approved nursing home,

the proprietor of the nursing home shall, not later than 3 working days after the date of the person’s death, discharge, or other departure, as the case may be, give notice in writing to the Executive of—

(i) the name of the person,

(ii) the name and address of—

(I) the person’s nominated contact, or

(II) the person’s next of kin, if known,

and

(iii) the date of the person’s death, discharge, or other departure, as the case may be.

(2) Where the proprietor of an approved nursing home proposes to discharge from the nursing home a person provided with financial support, the proprietor shall, at least 10 working days before the proposed date of discharge, give notice in writing to the Executive of—

(a) the name of the person,

(b) the proposed date of discharge, and

(c) the reasons for the discharge.

(3) The proprietor of a nursing home who, without reasonable excuse, contravenes subsection (1) or (2) is guilty of an offence and is liable on summary conviction to a fine not exceeding €1,000.

(4) Where a person maintained in an approved nursing home—

(a) starts to be provided with financial support,

(b) starts to be provided with an altered level of financial support, or

(c) ceases to be provided with financial support,

the Executive shall, not later than 10 working days after that start or cessation, as the case may be, give notice in writing to the proprietor of the nursing home of that start or cessation, as the case may be.

(5) This section shall, with all necessary modifications, apply to and in relation to a facility referred to in paragraph (a)(i) of the definition of “long-term residential care services” and the proprietor of such a facility as it applies to and in relation to an approved nursing home and the proprietor of an approved nursing home.

Annotations:

Editorial Notes:

E27

A fine of €1,000 translates into a class D fine, not greater than €1,000, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 7(2) and table ref. no. 1, S.I. No. 662 of 2010.