Nursing Homes Support Scheme Act 2009

7.

Care needs assessment.

7 .— (1) ( a) A person ordinarily resident in the State, other than a person referred to in paragraph (c) or (d) of subsection (1) of section 6 , who wishes to make an application for State support shall apply for a care needs assessment.

( b) A person ordinarily resident in the State, who is a person referred to in paragraph (c) or (d) of subsection (1) of section 6 , who wishes to make an application for State support may apply for a care needs assessment.

(2) Where it appears to a specified person that—

( a) a person ordinarily resident in the State may need care services, and

( b) that person, by reason of ill-health, a physical disability or a mental condition, is unable to make an application for a care needs assessment,

the specified person may apply to the Executive for a care needs assessment on behalf of that person.

(3) An application for a care needs assessment shall be made to the Executive in the specified form.

(4) Upon receipt of an application for a care needs assessment, the Executive shall, as soon as reasonably possible, make arrangements for a care needs assessment to be carried out and a report on that assessment to be provided to the Executive.

(5) The assessment referred to in subsection (4) shall be carried out by persons (who may be employees of the Executive) who, in the opinion of the Executive, are suitably qualified to make that assessment and prepare a report in relation to the assessment.

(6) A care needs assessment of a person shall comprise an evaluation of—

( a) the person’s ability to carry out the activities of daily living, including—

(i) the cognitive ability,

(ii) the extent of orientation,

(iii) the degree of mobility,

(iv) the ability to dress unaided,

(v) the ability to feed unaided,

(vi) the ability to communicate,

(vii) the ability to bathe unaided, and

(viii) the degree of continence,

of the person,

( b) the family and community support that is available to the person,

( c) the medical, health and personal social services being provided to or available to the person both at the time of the carrying out of the assessment and generally,

( d) any other matter that affects the person’s ability to care for himself or herself, and

( e) the likelihood of a material alteration in the circumstances referred to in paragraphs (a) to (d) during the lifetime of the person.

(7) A care needs assessment may include an examination of the person concerned by, as appropriate, a registered medical practitioner, a registered nurse, an occupational therapist or a chartered physiotherapist, or any combination thereof.

(8) Where the Executive receives a care needs assessment report in respect of a person, it shall, after considering the report as soon as practicable after its receipt, make a determination—

( a) that the person needs care services, or

( b) that the person does not need care services,

as it thinks appropriate in the circumstances of the case, and where the Executive determines that the person needs care services, the Executive may also make a determination that it is unlikely that the person will ever cease to require care services during the person’s lifetime.

(9) The Executive shall, not later than 10 working days after making a determination under subsection (8), give notice in writing of the decision—

( a) to the person, and

( b) in the case of an application made under subsection (2), to the specified person.

(10) The notification shall be accompanied by—

( a) a copy of the care needs assessment report in respect of the determination, and

( b) the reasons for the determination.

(11) Where a care needs assessment is carried out, this shall not be construed as meaning that the Executive will provide or will arrange for the provision of any service identified in the assessment as being appropriate to meet the needs of the person or that the Executive has an obligation to provide or arrange for the provision of any such service.

(12) Subject to subsection (11), the content of a care needs assessment report may be used by the Executive for the purposes of considering what other health services or personal social services may be appropriate for the person.

(13) The content of a care needs assessment report may be provided to a relevant facility or approved nursing home with the prior consent of the person who is the subject of the report.

(14) In this section “specified person” has the same meaning as it has in section 47 .

(15) In respect of any application for a care needs assessment by a specified person, the Executive may refuse to deal with the specified person if the Executive is not satisfied that such specified person is acting in the best interests of the person.