Private patients may be entitled to rebate

UP to 10,000 pensioners could be entitled to demand repayments of €15-30,000 a year from the State for the cost of private nursing homes, claim legal experts.

A solicitor, who is handling 25-30 of these cases, said he believed private patients, who are paying full and partial fees, have a very strong case to demand a full rebate of their fees as they should be covered by their medical cards.

Colm Burke, who is also a Fine Gael city councillor, said his legal team does not believe that last week's amended Health Bill will change the rights of private patients to have their bills paid by the health boards.

The average weekly cost of a private nursing home bed is €578, according to the Irish Nursing Homes Organisation. However, it's believed that up to 70% of pensioners in nursing homes receive a supplement towards the cost of care, called a subvention, of €114-190, depending on their medical condition.

Last week, legislation was rushed through the Dáil after it emerged the removal of pensions from the elderly in public nursing homes was "legally unsound" as they were medical card holders.

President Mary McAleese will convene a meeting of the Council of State this afternoon before deciding if she will refer the Health Amendment Bill to the Supreme Court to test its constitutionality.

The Irish Examiner understands that Health Minister Mary Harney a member of the Council of State is supportive of the move on the basis that it can bring clarity to the complex legal issues involved.

It also emerged yesterday that the Labour Party wrote to the President last Friday setting out the grounds for a possible referral of the bill.

Health spokesperson Liz McManus yesterday welcomed the President's decision.

"The legal advice available to the labour Party was that there were serious doubts about the constitutionality of the bill and particularly (its imposition of) a retrospective liability on a large number of mainly elderly people," said

Ms MacManus. Fine Gael spokesperson Liam Twomey said the Council of State meeting may help "clarify the Government's apparent confusion in relation to the issue of retrospection."

He said: "this significant piece of legislation was railroaded through the Dáil in one day.

"It seems the Government itself was unsure about the legality of the Bill," he added. Mr Burke said he believes that all people over seventy year of age are entitled to free nursing care as they all hold medical cards since 2001.

"According to the research carried out by myself and another solicitor, High Court and Supreme Court legislation supports the view that private nursing homes also come under the definition of full eligibility," added Mr Burke.