Nursing Homes Support Scheme Act 2009

PART 8

Charges in Respect of Care Services

33.

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,

F7 [ ( ba ) a woman in respect of a termination of pregnancy in accordance with section 9 , 10 , 11 or 12 of the Health (Regulation of Termination of Pregnancy) Act 2018, ]

( 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.

Annotations:

Amendments:

F7

Inserted (1.01.2019) by Health (Regulation of Termination of Pregnancy) Act 2018 (31/2018), s. 27, S.I. No. 594 of 2018.