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press releases July 2001

July 30 2001 Ombudsman says that elderly medical card holders are entitled to free nursing home care

Deputy Paul McGrath recently sought clarification from the Ombudsman on whether Medical Card holders were entitled to Nursing Home Care.

"Arising from the Ombudsman's earlier report on Nursing Homes and the Subvention System I had a number of queries concerning Nursing Home Care and the costs associated with this care," says Deputy McGrath.

"I wrote to the Ombudsman seeking clarification and his response is clear and unequivocal," says Deputy McGrath.

"The Ombudsman is of the strong view that under the Health Act of 1970 elderly persons who need Nursing Home type of care are entitled to have this service provided by the relevant Health Board.

"The Ombudsman says: 'I consider that any elderly person who needs long-stay Nursing Home type care - which typically includes nursing care, supervision, assistance with daily activities such as feeding and dressing and which may also include services such as physiotherapy or occupational therapy - is entitled to have this service provided by the relevant Health Board as an aspect of in-patient services…'

"He further says: '…because of the interpretation adopted by the Department, the Health Boards are continuing to take the line that people with Medical Cards who cannot be accommodated in Health Board long stay care facilities and who therefore have no alternative but to go to Private Nursing Homes must be dealt with under the Subvention Scheme. In other words their families must make up the difference between the subvention and the full cost. In the light of this fundamental difference in interpretation, and the continuing number of complaints which I am receiving, this is an issue that I may well have to return to in a supplementary report if the position remains as it is. I recognise fully that there are significant financial implications for the Exchequer particularly in the context of a 'greying' population. But my role, as Ombudsman, is to uphold the rights of citizens and their legal entitlements and to report to the Houses of the Oireachtas when I conclude that their rights are being infringed.

"These services should be provided by Health Boards either in one of their own hospitals or be contracted out to private institutions who can provide an adequate service," says Deputy McGrath.

"While I recognise that this provision will be costly on the Exchequer nonetheless the Government cannot set aside people's entitlements and human rights merely to save money or live within pre-determined expenditure limits," says Deputy McGrath.

"We currently have one of the lowest expenditures on Health Care in the O.E.C.D. and at a time when 'the Exchequer is awash with money' surely we must live up to our obligations particularly to the elderly," says Deputy McGrath.

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