Parents billed for nursing care arrears

PARENTS of children with intellectual disabilities are being pursued for nursing care back payments, averaging about €5,000.

The arrears demands by the Health Service Executive (HSE) were yesterday described as “scandalous” by Labour’s Michael D Higgins.

The payments, dating to July 2005, are being sought from parents who have children in long-stay institutions and other establishments.

Mr Higgins said the payments were being enforced by the HSE, who were interpreting a statutory instrument issued under the Health (Amendment) Act 2005. Calling the demands a “grave injustice”, he tabled a Dáil question urging Health Minister Mary Harney to change the legislation so the parents would not have to make the payments.

But she confirmed retrospection would be sought. Mr Higgins said the only concession made was that the arrears could be paid in instalments.

“This means that parents, and other persons with dependants in care, are now being billed for thousands of euro in some cases. The average is €5,000,” he said.

Mr Higgins said he sought a general exemption on the basis the imposition of such a charge was neither envisaged nor explained in the passing of the legislation.

“What this means, in practice, is that parents of a person in care in a facility where nursing care was provided on an even nominal way, on a 24-hour basis, have been levied a weekly charge of €120 or the total income of that person — less €35 — whichever is the lesser.”

He said the issue of recognising the citizenship of those with special needs through rights-based legislation must be moved to the heart of the debate in the upcoming general election.

“This Government stands indicted now on a number of counts, be it in terms of its destructive attitude towards applied behaviour analysis as a vital tool in early intervention; its callous dragging of parents through the courts or, indeed, this latest attempt to extract money from those who have done the task of the State.”

Inclusion Ireland, the association for people with intellectual disabilities, said it was wrong to pursue the parents for the back payments. The body has raised the issue with Ms Harney and junior health minister Tim O’Malley.

Chief executive Deirdre Carroll said the group believed it was unfair and unjust to seek any retrospection because, at the time, people were not advised they could be could be charged retrospectively.

Many of the service providers, she said, took the decision not to charge parents from July 2005 because they were unclear of the legal provision.