Seanad E´Ireann

SEANAD E´ IREANN

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AN BILLE SLA´ INTE (SCE´ IM AISI´OCA) 2006 — AN COISTE HEALTH (REPAYMENT SCHEME) BILL 2006 — COMMITTEE

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Leasuithe Amendments ———————— SECTION 1 1. In page 3, lines 17 to 21, to delete subsection (3) and substitute the following:

‘‘(3) This Act shall come into operation immediately on its passing into law.’’. — Senator Fergal Browne.

SECTION 3 2. In page 6, subsection (1), line 5, to delete ‘‘including’’ and substitute ‘‘being’’. —Senators Brendan Ryan, Kathleen O’Meara, Derek McDowell, Joanna Tuffy, and Michael McCarthy.

SECTION 5 3. In page 7, before section 5, but in Part 2, to insert the following new section:

‘‘Right to 5.—Nothing in this Act shall be used to deny repay- recover for ment of recoverable health charges to any person who patients of multiple has received care in more than one long stay insti- institutions. tution if that person would otherwise have been eli- gible for such repayment.’’. — Senator Fergal Browne.

SECTION 8 4. In page 9, but before section 8, to insert the following new section:

‘‘Determination 8.—Without prejudice to the generality of section 7, and repayment time limits. (a) a determination as to a person’s eligibility for a repayment of recoverable health charges shall be made as soon as is reasonably possible and in each case no later than—

(i) 28 days after an application has been lodged, or

(ii) the commencement of this Act,

whichever is the later, and

(b) once a determination has been made as to a person’s eligibility for a repayment of [No. 11b of 2006] [13 June 2006]

1 SECTION 8—continued recoverable health charges, such a payment shall be made as soon as is reasonably possible and in each case no later than 28 days after such a determination has been made.’’. — Senator Fergal Browne.

5. In page 9, subsection (2), line 19, after ‘‘enactment’’ to insert ‘‘or under any other scheme for the assessment’’. —Senators Brendan Ryan, Kathleen O’Meara, Derek McDowell, Joanna Tuffy, and Michael McCarthy.

6. In page 9, subsection (2), line 22, after ‘‘benefit’’ to insert ‘‘or assistance’’. —Senators Brendan Ryan, Kathleen O’Meara, Derek McDowell, Joanna Tuffy, and Michael McCarthy.

7. In page 9, subsection (2), line 23, after ‘‘benefit’’ to insert ‘‘or assistance’’. —Senators Brendan Ryan, Kathleen O’Meara, Derek McDowell, Joanna Tuffy, and Michael McCarthy.

SECTION 9 8. In page 10, between lines 36 and 37, to insert the following new subsection:

‘‘(3) Where the Executive makes an application pursuant to subsection (2)(c)

(i) at least 28 days’ notice shall be given to the patient in question and/or, as appropriate, to the patient in question’s next of kin, and

(ii) the patient in question and/or, as appropriate, the patient in question’s next of kin, shall have the right to be heard at, and to make submissions to, the hearing of the Circuit Court in whose circuit the hospital or other institution, as the case may be, is situated,

in respect of any such application.’’. — Senator Fergal Browne.

SECTION 11 9. In page 13, between lines 32 and 33, to insert the following new subsection:

‘‘(9) In all cases under this section, a full calculation of the amount of the repayment shall be given to an applicant under subsection (2) of this section, before he or she may give his or her written authorisation to the donation.’’. — Senator Fergal Browne.

10. In page 13, between lines 32 and 33, to insert the following new subsections:

‘‘(9) Any Fund established under subsection (1) shall be so established for an initial period of 3 years only.

(10) After the expiration of 3 years from the establishment of any Fund under subsection (1), the Minister shall make a

2 SECTION 11—continued determination as to whether the Fund should continue in existence.’’. — Senator Fergal Browne.

SECTION 14 11. In page 16, between line 23 and 24, to insert the following new subsection:

‘‘(5) Copies of particulars referred to in subsection (4)(f), showing how the amount falling due was calculated, shall be given to the relevant person referred to in subsection (4)(a) or his or her next of kin as appropriate.’’. — Senator Fergal Browne.

SECTION 16 12. In page 19, subsection (16)(a), line 17, after ‘‘relates,’’ to insert ‘‘or if the applicant had died or become incapable of acting, means a person affected by the decision,’’. —Senators Brendan Ryan, Kathleen O’Meara, Derek McDowell, Joanna Tuffy, and Michael McCarthy.

SECTION 17 13. In page 19, before section 17, to insert the following new section:

‘‘Local appeals 17.—Before any appeal under section 16 shall be process. allowed, the appellant shall have the right to employ such local appeals process as are open to him or her.’’. — Senator Fergal Browne.

14. In page 19, subsection (2), line 37, after ‘‘then’’ to insert ‘‘the Executive shall make a decision to that effect, and shall notify the person to whom the payment was made (or his or her estate) of that decision, and the person or his or her estate may appeal to a person appointed under section 16(3) in respect of such decision within 14 days, (on grounds to be specified in a notice of appeal, which may include the ground that a genuine mistake occurred) and in default of appeal, or on the dismissal of such appeal, thereupon’’. —Senators Brendan Ryan, Kathleen O’Meara, Derek McDowell, Joanna Tuffy, and Michael McCarthy.

Wt. 17316. 262. 6/06. Cahill. (X49586). Gr.30-15.