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Tuesday, 11 Jul 2023

Written Answers Nos. 664-678

Departmental Data

Questions (664)

Paul Murphy

Question:

664. Deputy Paul Murphy asked the Minister for Health how many nursing homes have not received a HIQA inspection in the past 12 months. [33485/23]

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Written answers

I would like to thank the Deputy for his question.

The Health Information and Quality Authority has advised my Department that 22 designated centres for older people (“nursing homes”) have not been inspected in the last 12 months. This represents about 4% of all nursing homes registered with the Authority.

Departmental Data

Questions (665)

Paul Murphy

Question:

665. Deputy Paul Murphy asked the Minister for Health for a breakdown of concerns to Your Service Your Say HSE for the years 2020-2023, a breakdown of themes of concerns and of these concerns; and how many were forwarded to An Garda Síochána or safeguarding and protection teams. [33486/23]

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Written answers

As this Parliamentary Question relates to an operational matter I have asked the Health Service Executive to respond to the Deputy directly.

Covid-19 Pandemic

Questions (666)

Paul Murphy

Question:

666. Deputy Paul Murphy asked the Minister for Health how many meetings the Government has had with an organisation (details supplied) and or private care companies since March 2020 to date in relation to Covid, Covid harm/deaths or otherwise; and if minutes of these meetings will be provided. [33487/23]

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Written answers

The information requested by the Deputy is not immediately available. A full response is being collated and will be forwarded to the Deputy as soon as possible.

Departmental Data

Questions (667)

Paul Murphy

Question:

667. Deputy Paul Murphy asked the Minister for Health how many concerns HIQA has received relating to a facility (details supplied) for the years 2020-2023, with a breakdown into specific themes of concern type; and if any of these concerns have been forwarded to An Garda Síochána or to the safeguarding and protection teams. [33488/23]

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Written answers

The Health Information and Quality Authority (HIQA) was established under the Health Act 2007, as amended, to promote safety and quality in the provision of health and personal social services for the benefit of the health and welfare of the public. HIQA’s regulatory role is to regulate designated centres for older people, people with a disability and special care units. HIQA also regulates medical ionising radiation exposure and monitors standards in acute and community hospitals and some children’s social care services.

HIQA has no statutory remit to manage or respond to individual complaints, this is the statutory responsibility of the service provider. However, while HIQA does not investigate or resolve individual complaints it does welcome feedback about centres and services under its remit –which the Authority refers to as unsolicited information (UROI).

HIQA has advised my Department that all UROIs received are reviewed by an inspector to establish if the information received indicates a risk to the safety, effectiveness, and management of the service, and the day-today care the resident or patient receives.

If HIQA considers that the service provider may not be compliant with the regulations and or national standards, they can respond by:

• asking the service provider to submit additional information on the issue

• requesting a plan from the service provider outlining how the issue will be investigated and addressed

• using the information on inspection

• carrying out an unannounced inspection to assess the quality and safety of the care being provided in the service

In addition, where the information indicates that people may be at immediate risk HIQA will ensure that relevant authorities such as the Gardaí, the Child and Family Agency (Tusla) or the Health Service Executive (HSE) Adult Safeguarding and Protection Team are informed.

HIQA has advised my Department that it received 33 pieces of unsolicited information in relation to the facility referred to in the Deputy’s question.

Year

Number of pieces of unsolicited information

2020

12

2021

7

2022

12

2023 (to 30th June)

2

HIQA has further advised that UROIs can contain more than one theme. From the table above the themes include Safeguarding (28), Rights (28), Quality of care (18), Infection prevention and control measures (14), General welfare and development (4), Visiting (2), Premises (2), Risk management (2), Management of personal possessions (1), Protection (1). Governance and management (28), Communication (15), Staffing (13), Complaints handling (3), Training and staff development (1).

HIQA has noted that some of these UROIs may have already been notified to the Chief Inspector via a statutory notification form with relevant referrals made to An Garda Síochána in line with the centre’s written policy and procedures on the prevention, detection and response to abuse.

Legislative Process

Questions (668)

Paul Murphy

Question:

668. Deputy Paul Murphy asked the Minister for Health when the Adult Safeguarding Bill 2017 will be implemented; and if he will make a statement on the matter. [33489/23]

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Written answers

The Adult Safeguarding Bill 2017 is a Private Members Bill which passed Second Stage in the Seanad in April 2017. As a Private Members Bill, it is the responsibility of the sponsors of the Bill to request that it be scheduled for the next stage of the legislative progress.

Regarding adult safeguarding, the Government takes the protection of adults at risk of abuse very seriously. The independent Law Reform Commission is undertaking a review on A Regulatory Framework for Adult Safeguarding which is expected to inform future legislation on adult safeguarding across all sectors. Upon completion, my Department will consider any recommendations the Commission may make where relevant to my Department's functions and I anticipate that other Departments will do the same.

Specifically within the health and social care sector, there are various structures and processes currently in place to protect against abuse and to ensure prompt action. To further strengthen this framework, my Department is at an advanced stage of developing an overarching national policy on adult safeguarding in the health and social care sector. The Department is preparing for a public consultation commencing in September and a costing study, prior to submitting a costed draft policy to Government for its approval. Subject to Government approval, this sectoral policy will further strengthen the sector’s adult safeguarding framework and will apply to all public, voluntary and private healthcare and social care settings. In the event that the Government approves this sectoral policy, legislation as required to underpin it will then be prepared.

Departmental Data

Questions (669)

Paul Murphy

Question:

669. Deputy Paul Murphy asked the Minister for Health how many legal actions have been lodged against the State in regard to nursing homes and hospitals; and the breakdown of what type of cases are being taken. [33490/23]

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Written answers

The State Claims Agency (SCA) has a statutory remit to manage personal injury claims on behalf of Delegated State Authorities including the Health Service Executive. Accordingly, the SCA has provided me with the information set out below in response to the Deputy's question. I have been informed by the SCA that this information has been extracted from the National Incident Management System (NIMS) according to the criteria and definitions set out below.

Criteria:

• The explicit reference to ”hospitals” is interpreted as all claims notified to the SCA against the HSE which relate to incidents occurring in an acute hospital setting.

• The explicit reference to “nursing homes” is interpreted as all claims notified to the SCA against the HSE which relate to incidents occurring within a nursing home (HSE owned and privately owned).

• Contained in the figures provided are 161 notifications of events which are not within the SCA’s statutory remit.

Table 1 - Acute Hospitals claims received historically

Incident/Hazard Category

Total

Clinical Care

10,563

Exposure to Physical Hazards

2,618

Exposure to Psychological hazards

2,014

Exposure to Biological Hazards

790

Exposure to Behavioural Hazards

515

Property Damage/Loss (non crash/collision)

468

Crash/Collision

183

Exposure to Chemical Hazards

55

Other*

46

Total

17,252

Table 2 - Nursing Homes claims received historically

Incident/Hazard Category

Total

Exposure to Psychological hazards

47

Exposure to Physical Hazards

10

Exposure to Biological Hazards

5

Exposure to Behavioural Hazards

4

Other*

7

Total

73

*Other category includes legacy data, null and other categories with a very small number of claims.

Please note that the report includes all the acute hospital and nursing home claims notified to the SCA, against the HSE, since the inception of the State Indemnity schemes.The General Indemnity Scheme was established in 2000 and the Clinical Indemnity Scheme was established in 2002.

Definitions

National Incident Management System (NIMS) : Incidents (which include claims) are reported using the “National Incident Management System”, hosted by the State Claims Agency (SCA). An incident can be a harmful Incident (Adverse Event), no harm incident, near miss, dangerous occurrence (reportable circumstance) or complaint.

Claim : A claim refers to notification of intention to seek compensation for personal injury and/or property damage where it is alleged the State was negligent. The application may be in the form of a letter of claim, an InjuriesBoard.ie application, or a written/oral request.

Claim Received Date : Official date that the claim was created on NIMS. If a record is first logged to the system as a claim, the "Claim Create Date" and "Create Date" will be the same, however, if a record was once an incident and subsequently transitioned into a claim, the "Claim Create Date" will differ from the "Create Date", with the "Create Date" representing the date the incident was first recorded, and the "Claim Create Date" representing the date the record transitioned to a Claim.

Departmental Data

Questions (670)

Paul Murphy

Question:

670. Deputy Paul Murphy asked the Minister for Health how many concerns since 2020 have been raised with him in relation to alleged sexual abuse of vulnerable adults in care. [33491/23]

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Written answers

In the health sector, a framework of standards, policies and procedures for the safeguarding of adults who may be at risk of abuse, harm and exploitation is in place. This includes:

• the HSE’s national operational adult safeguarding policy Safeguarding Vulnerable People at Risk of Abuse – Policy and Procedures (2014) providing clear guidelines for HSE and HSE-funded staff to follow in cases of suspected abuse or neglect of adults;

• a HSE National Safeguarding Office leading operational policy development and oversight;

• social work teams (“Safeguarding and Protection Teams”) in each of the 9 HSE Community Healthcare Organisation (CHO) areas;

• training programmes on safeguarding policy and procedures;

• Designated Adult Safeguarding Officers within many services.

The HSE’s national operating policy referenced above provides a very clear framework for the reporting and examination of suspected abuse or neglect of adults. This includes the HSE’s internal processes for examination of reported concerns and also the notification of reported concerns to HIQA and An Garda Síochána, as appropriate. Any allegation, suspected or confirmed of abuse of any resident in a designated centre under the 2007 Health Act must be notified to HIQA within 3 days.

The National Safeguarding Office is tasked with collecting and collating data in relation to notifications and referrals to Safeguarding and Protection Teams of alleged abuse and neglect of adults at risk of abuse. The Office recently published its annual report for 2022 which provides a detailed breakdown of all allegations of abuse received. Data shows that 4% of all reported allegations, 672 in total, had a sexual abuse component. Equivalent data for previous years is available at: www.hse.ie/eng/about/who/socialcare/safeguardingvulnerableadults/safeguardingvuladts.html.

Anyone who has a concern about the safeguarding of adults at risk within a health or social care service is strongly encouraged to make contact with the local HSE Safeguarding and Protection Team for that area. Contact for each of the teams is available at: www.hse.ie/eng/about/who/socialcare/safeguardingvulnerableadults/safeguarprotectteams.html.

Departmental Schemes

Questions (671)

Ged Nash

Question:

671. Deputy Ged Nash asked the Minister for Health if he will consider including testosterone cypionate in the drug payment scheme in view of the financial hardships being endured by patients (details supplied); and if he will make a statement on the matter. [33492/23]

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Written answers

The Health Service Executive (HSE) has statutory responsibility for decisions on pricing and reimbursement under the community drug schemes, in accordance with the provisions of the Health (Pricing and Supply of Medical Goods) Act 2013.

In line with the 2013 Act and the national framework agreed with industry, a company must submit an application to the HSE to have a new medicine added to the formal Reimbursement list. Reimbursement is for licenced indications which have been granted market authorisation by the European Medicines Agency or the Health Products Regulatory Authority.In making a relevant reimbursement decision, the HSE is required under the Act to have regard to a number of criteria including efficacy, the health needs of the public, cost effectiveness and potential or actual budget impact. HSE decisions on which medicines are reimbursed by the taxpayer are made on objective, scientific and economic grounds, on the advice of the National Centre for Pharmacoeconomics (NCPE).

The HSE have advised that testosterone cypionate is an unlicensed product that is not reimbursable under the community drug schemes. However, there are a number of licensed testosterone products, including injections and gels, currently available on the formal reimbursement list.

Dental Services

Questions (672)

Jennifer Murnane O'Connor

Question:

672. Deputy Jennifer Murnane O'Connor asked the Minister for Health the measures being taken to reduce orthodontic treatment waiting times for children, with particular reference to those whose current estimated treatment referral date is beyond school-going age; if he will ensure that a child (details supplied) is referred for orthodontic treatment before they complete second-level education; and if he will make a statement on the matter. [33493/23]

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Written answers

As this is a service matter, I have asked the Health Service Executive to respond to the Deputy directly, as soon as possible.

Departmental Funding

Questions (673)

Jennifer Murnane O'Connor

Question:

673. Deputy Jennifer Murnane O'Connor asked the Minister for Health if he will provide an update on the status of funding allocated in Budget 2023 part of a €100 million fund to support community-based service providers in the provision of health services across country for a service in County Carlow (details supplied). [33511/23]

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Written answers

As this is an operational matter, I have asked the Health Service Executive to respond to the Deputy directly, as soon as possible.

Nursing Homes

Questions (674, 675)

Michael Ring

Question:

674. Deputy Michael Ring asked the Minister for Health if any meetings have taken place between him and representatives from private nursing homes in relation to the current challenges that private nursing homes are facing with regards to increased costs and trying to remain viable and operational; and if he will make a statement on the matter. [33513/23]

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Michael Ring

Question:

675. Deputy Michael Ring asked the Minister for Health if he acknowledges the current crisis in the private nursing home sector; and if he will make a statement on the matter. [33516/23]

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Written answers

I propose to take Questions Nos. 674 and 675 together.

The Government is conscious of the financial challenges faced by the nursing home sector, especially smaller and voluntary nursing homes that may not have access to the same economies of scale as larger homes or groups. The Government has provided substantial support to the private and voluntary nursing home sector over the course of the pandemic. Over €150m of financial support has been provided to private and voluntary nursing homes through the COVID-19 Temporary Assistance Payment Scheme (TAPS) and the provision of free PPE and oxygen to private nursing homes continues, costing approximately €77 million to date.A new €10 million scheme (TIPS) was established last year to support private and voluntary nursing homes with increases in energy costs, covering 75% of year-on-year cost increases up to a monthly cap of €5,250 per nursing home. Following a recent review this scheme was extended for a second time to the end of June 2023.Overall, €1.4 billion of the total Health Budget was allocated last year to support over 22,700 people under Fair Deal. This will increase to nearly €1.5 billion for 2023, and I am cognisant that the budget has to support all residents under the Nursing Homes Support Scheme (NHSS) for the full calendar year.The only mechanism for funding from the public purse for nursing home residents is Fair Deal and it is really important that private and voluntary providers continue to engage in the process as set out in the Nursing Homes Support Scheme Act 2009. Overall, 425 private nursing homes negotiate with the National Treatment Purchase Fund (NTPF) the independent body designated by the Oireachtas to agree maximum prices that can be charged under Fair Deal. The Department of Health and I have regular interaction with the NTPF and met them recently to discuss ways to support the sector, where necessary and appropriate, to complement the normal process of negotiating rate increases when contracts are renewed. Budget 2023 saw an over €40 million in additional funding for the NHSS which will provide for an uplift in the maximum prices chargeable by private and voluntary nursing homes, as negotiated. Anyone who has had a scheduled renegotiation of their Deed of Agreement this year with the NTPF has seen a significant uplift. In addition, other options to support nursing homes are also being explored, such as to help with the often costly nature of compliance for nursing homes under necessary HIQA regulations.Furthermore, the Department recognises the importance of maintaining constructive dialogue with stakeholders as we continue to discuss matters relevant to the operation and funding of nursing homes and ongoing matters relating to the operation of the NHSS.Both I and my officials from the Department of Health have met with The Alliance, a newly formed support network for smaller, family-run nursing homes, several times, most recently on 10 May. Through regular correspondence, the Department and I continue to engage with The Alliance. I recognise that The Alliance represents an important voice within the sector and their input is valued. In addition, both I and officials from the Department have had, and continue to have, engagement with Nursing Homes Ireland (NHI) on an ongoing basis.As a key stakeholder, it is important to maintain constructive dialogue with this representative body as we continue to discuss matters relevant to the operation and funding of nursing homes and ongoing matters relating to the operation of, and proposed changes to, the NHSS. Most recently officials met with NHI to review the publication of the PWC report Challenges for Nursing Homes in the Provision of Older Persons Care which was commissioned by NHI. Furthermore, the Department has been engaging with individual nursing homes on a continuous and consistent basis and nursing home groups in attempting to address some of the issues they are raising in relation to funding and increased inflationary costs.It is important that lines of communication are maintained with all relevant stakeholders to ensure that nursing home care continues to be provided to older people that is accessible and affordable for everyone, and that people are cared for in the most appropriate settings whilst simultaneously maintaining comfort levels and standards of care.

Question No. 675 answered with Question No. 674.

Health Service Executive

Questions (676)

Cathal Crowe

Question:

676. Deputy Cathal Crowe asked the Minister for Health if he will directly engage with a person (details supplied) in relation to accessing rehabilitation care. [33520/23]

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Written answers

As this is a service matter, I have asked the Health Service Executive to respond to the Deputy directly, as soon as possible.

Disability Services

Questions (677)

Emer Higgins

Question:

677. Deputy Emer Higgins asked the Minister for Health whether the National Access Policy is being followed by CAMHS in each CHO; which CHOs are implementing it fully, partially and/or not-at-all; and if he will make a statement on the matter. [33531/23]

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Written answers

As this is a service matter, I have asked the Health Service Executive to respond directly to the Deputy as soon as possible.

Disability Services

Questions (678)

Emer Higgins

Question:

678. Deputy Emer Higgins asked the Minister for Health whether the National Access Policy is being followed by primary care in each CHO; which CHOs are implementing if fully, partially and not-at-all; and if he will make a statement on the matter. [33532/23]

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Written answers

As this is a service matter, I have asked the Health Service Executive to respond to the Deputy directly, as soon as possible.

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