HSE doesn't know how many people waiting for refunds of illegally charged nursing home fees

Social Democrats Co-leader Catherine Murphy queried why a three-month review time limit was set, and was told this was a matter for the Government, not Department officials.

The Public Accounts Committee has asked the Department of Health to clarify how many people were affected by the State's failure to refund illegally charged nursing home fees.

The committee also heard of delays in ensuring people who are now living in nursing homes are not improperly charged by individual homes for basic activities, including wound dressing.

The 1970 Health Act made in-patient services and long-stay nursing home care free to all people with medical cards. However, in 1976, health boards “illegally” withdrew medical cards from those in long-term care and this continued until the mid-2000s.

The committee heard from Department of Health secretary-general, Robert Watt, and other Department officials on what has been done in the intervening years to address this.

However, committee members raised concerns that a great many affected people did not apply for compensation or, if their application was turned down, did not appeal. 

A Government memo from 2011 shows why this happened, Sinn Féin TD Matt Carty said: “It says it was probably on the basis from the HSE that the payments did not come within the definition of the recoverable health charges,” he said. 

“So what happened was that 500 people who appealed did fit within the criteria, we know there were thousands of others who therefore would have. My question is can anyone tell me what was done in respect of this?” 

Mr Watt was unable to give this number and said the HSE is working on finding out the details. “The numbers involved, I don’t know whether it is thousands, but we will come back to you on this,” he said.

“These are institutions in many instances where people with profound disabilities were in care,” Mr Carty said. 

They were essentially robbed by the Government of their money, the Government subsequently accepted that but didn’t let them know. 

"That to me is the most scandalous aspect of all the nursing home revelations we have seen.” 

Social Democrats Co-leader Catherine Murphy queried why a three-month review time limit was set, and was told this was a matter for the Government, not Department officials.

Health minister Stephen Donnelly is to give a statement on these related matters.

Sinn Féin TD for Louth, Imelda Munster, asked if a clause should be put into contracts instructing nursing homes not to charge for wound dressing, creams, physiotherapy, or speech & language therapy among other issues.

“When some families raised this issue, they were told they could take your mother or your father elsewhere, that is what they are up against,” she said. Mr Watt said: “We do not believe it is appropriate these charges are being imposed on residents in private homes. We are looking at a complaints process.” 

Department assistant secretary in the social care division Siobhán McArdle said the process would allow health watchdog Hiqa to engage with homes on this on foot of complaints from families or residents. However, committee members argued this puts the responsibility on vulnerable residents rather than having a clause in the contracts.