More than 300 cases taken over nursing home fees scandal

HSE figures showed that 35,417 applications were made to the repayment scheme, with 20,302 claimants successful. Picture:  istock

More than 300 cases have been taken, related to the State's handling of nursing-home fees, an Oireachtas committee has heard.

The Public Accounts Committee today heard from the interim CEO of the HSE Stephen Mulvany who said that "in simple terms" the Health Act 2006 had "dealt with" the wrongful charging of nursing-home patients over the years.

He said that "over €450m" had been paid directly to those who held medical cards and were "inappropriately and unlawfully" charged for care. He said that patients in private nursing homes were "a different matter" as these patients "had a contract with their provider".

Fianna Fáil TD Cormac Devlin told the meeting that as of November 2021, HSE figures showed that 35,417 applications were made to the repayment scheme, with 20,302 claimants being successful.

In total, Mr Mulvany said, there had been 329 cases taken, but this number "may not be accurate" as the HSE does not manage the cases. The HSE said that it could not give figures for the number of cases which had been settled as these are being handled by the Department of Health.

Mr Mulvany said that a number of people who had applied for the scheme were deemed ineligible because they had been in private nursing homes. He told Mr Devlin that he was "not aware" of any other criteria under which people were refused payment as the "legislation was quite clear".

Sinn Féin TD Matt Carthy said that the Health Repayment Scheme could apply to a third cohort of people: Those who were resident in Section 38 and 39 accommodation. 

Mr Carthy said that residents in community and disability services who had applied for the scheme were rejected and had appealed.

Sinn Féin TD Matt Carthy said the Health Repayment Scheme could apply to those who were resident in Section 38 and 39 accommodation. Picture: Damien Storan

 Three of those cases were tested under a review, Mr Carthy said, and were found to be eligible for a refund.

Mr Carthy said that HSE annual reports stated that an appeal had been lodged to the High Court but was later "discontinued", with €8m provided to fund repayments.

"Essentially, it was accepted that these people qualified under the scheme," Mr Carthy said.

Mr Mulvany said that he did not have the details to hand, but that the scheme had been set out in legislation. Mr Carthy said that it had been set out in the Comptroller and Auditor General's 2011 report.

He asked if the money which had been set out had been paid, but Mr Mulvany said that this would have to be checked. However, he said that "the bulk of them" would have been paid. 

Mr Carthy said that "thousands" more people could have appealed their refusal. He said that 515 additional appeals had been taken and later withdrawn and said that this meant that an additional €360m could have been paid out to residents of disability or residential care facilities.