41.— (1) The National Treatment Purchase Fund Board (Establishment) Order 2004 (S.I. No. 179 of 2004) is amended—

(a) in Article 2, by inserting the following definitions:

“ ‘approved nursing home has the same meaning as in the Nursing Homes Support Scheme Act 2009;

‘long-term residential care services’ means long-term residential care services within the meaning of paragraph (a)(ii) of the definition of ‘long-term residential care services’ in section 3(1) of the Nursing Homes Support Scheme Act 2009;

‘nursing home’ has the meaning assigned to it by section 2 of the Health (Nursing Homes) Act 1990 and includes an institution referred to in section 2(1)(h) of that Act;”,

and

(b) in Article 4—

(i) by the inserting after paragraph (1)(b) the following subparagraph:

“(ba) to make arrangements with a person it considers to be appropriate, being a proprietor of a nursing home, relating to the price at which long-term residential care services will be provided by such person to persons requiring such services and who are in receipt of financial support under the Nursing Homes Support Scheme Act 2009;”,

(ii) by the inserting after paragraph (1) the following paragraphs:

“(1A) Arrangements referred to in paragraph (1)(ba) shall be subject to a condition that the nursing home is an approved nursing home or that the arrangements will not apply unless the nursing home becomes an approved nursing home.

(1B) Arrangements referred to in paragraph (1)(ba) shall be notified to the Health Service Executive who may publish such information relating to those arrangements as it considers appropriate.”,

and

(iii) by inserting after paragraph (2) the following paragraph:

“(3) In performing its functions under paragraph (1)(ba) the Board may examine the records and accounts of an approved nursing home or of a nursing home the proprietor of which proposes to enter into arrangements under paragraph (1)(ba).”.