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Tithe an Oireachtais Houses of the Oireachtas Interim report on the report on certain issues of management and administration in the Department of Health and Children associated with the practice of charges for persons in long-stay care in health board institutions and related matters Item Type Report Authors Department of Health and Children (DOHC) Rights DOHC;DOHC Download date 24/09/2021 22:55:10 Link to Item http://hdl.handle.net/10147/46691 Find this and similar works at - http://www.lenus.ie/hse Tithe an Oireachtais An Comhchoiste um Shláinte agus Leanaí Tuarascáil Eatramhach maidir leis an Tuarascáil ón Saincheisteanna Áirithe Bainistíochta agus Riaracháin sa Roinn Sláinte & Leanaí a bhaineann leis an gCleachtas i dtaobh Táillí do Dhaoine i gCúram Fadchónaí i bhForais Bhoird Sláinte agus le Nithe Gaolmhara. Márta 2005 ___________________________ Houses of the Oireachtas Joint Committee on Health & Children Interim Report on the Report on Certain Issues of Management and Administration in the Department of Health & Children associated with the Practice of Charges for Persons in Long-Stay Care in Health Board Institutions and Related Matters. March 2005 Tithe an Oireachtais An Comhchoiste um Shláinte agus Leanaí Tuarascáil Eatramhach maidir leis an Tuarascáil ón Saincheisteanna Áirithe Bainistíochta agus Riaracháin sa Roinn Sláinte & Leanaí a bhaineann leis an gCleachtas i dtaobh Táillí do Dhaoine i gCúram Fadchónaí i bhForais Bhoird Sláinte agus le Nithe Gaolmhara. Márta 2005 ___________________________ Houses of the Oireachtas Joint Committee on Health & Children Interim Report on the Report on Certain Issues of Management and Administration in the Department of Health & Children associated with the Practice of Charges for Persons in Long-Stay Care in Health Board Institutions and Related Matters. March 2005 FOREWORD BY CHAIRMAN. At its meeting on 9th March 2005, the Joint Committee on Health & Children met to discuss a Report on ‘Certain Issues of Management and Administration in the Department of Health & Children associated with the Practice of Charges for Persons in Long-Stay Care in Health Board Institutions and Related Matters’. The Report was presented to the Committee by Ms. Mary Harney, T.D., Tánaiste and Minister for Health & Children. This was subsequent to a Notice of Motion passed by Dáil Éireann on 9th March 2005 that the Joint Committee or a sub-Committee thereof, to consider, including in public session, the Report on Certain Issues of Management and Administration in the Department of Health & Children associated with the Practice of Charges for Persons in Long-Stay Care in Health Board Institutions and Related Matters and to report back to Dáil Eireann within three months concerning the legislative and administrative implications of the Report, its findings and conclusions. The text of the Report on ‘Certain Issues of Management and Administration in the Department of Health & Children associated with the Practice of Charges for Persons in Long-Stay Care in Health Board Institutions and Related Matters’ is contained in Appendix 2 of an Interim Report which the Committee agreed to publish on 9th March 2005. The Interim Report was then laid before both Houses of the Oireachtas. ____________________ John Moloney T.D. Chairman, Joint Committee on Health & Children, 9th March 2005. APPENDICES Appendix 1: Motion of Referral to the Joint Committee of the Report on certain issues of management and administration in the Department of Health & Children associated with the practice of charges for persons in long-stay care in Health Board Institutions and related matters. Appendix 2: Text of the Report on certain issues of management and administration in the Department of Health & Children associated with the practice of charges for persons in long- stay care in Health Board Institutions and related matters. Appendix 3: The Orders of Reference of the Joint Committee on Health & Children Appendix 4: The list of members of the Joint Committee on Health & Children. APPENDIX 1 DÁIL ÉIREANN Dé Céadaoin, 9 Márta, 2005 Wednesday, 9th March, 2005 10.30 a.m. I dTOSACH GNÓ PHOIBLÍ AT THE COMMENCEMENT OF PUBLIC BUSINESS Fógra Tairisceana : Notice of Motion a9. “Go n-iarrann Dáil Éireann ar an That Dáil Éireann requests the Joint gComhchoiste um Shláinte agus Leanaí, nó Committee on Health and Children, or a ar Fhochoiste den Chomhchoiste sin, sub-Committee thereof, to consider, breithniú a dhéanamh, lena n-áirítear including in public session, the Report on breithniú i seisiún poiblí, ar an Tuarascáil Certain Issues of Management and maidir le Saincheisteanna Áirithe Administration in the Department of Bainistíochta agus Riaracháin sa Roinn Health and Children associated with the Sláinte agus Leanaí a bhaineann leis an practice of charges for persons in long-stay gcleachtas i dtaobh táillí do dhaoine i care in Health Board Institutions and gcúram fadchónaí i bhForais Bhoird Sláinte related matters, and to report back to Dáil agus le nithe gaolmhara, agus tuairisc a Éireann within three months concerning thabhairt do Dháil Éireann laistigh de thrí the legislative and administrative mhí i dtaobh chiallachais reachtacha agus implications of the Report, its findings and riaracháin na Tuarascála, a cinntí agus a conclusions.” tátail. — Tomás Ó Ceit, Aire Stáit ag Roinn an Taoisigh. APPENDIX 2 REPORT ON CERTAIN ISSUES OF MANAGEMENT AND ADMINISTRATION IN THE DEPARTMENT OF HEALTH AND CHILDREN ASSOCIATED WITH THE PRACTICE OF CHARGES FOR PERSONS IN LONG- STAY CARE IN HEALTH BOARD INSTITUTIONS AND RELATED MATTERS PREPARED AT THE REQUEST OF AN TÁNAISTE AND MINISTER FOR HEALTH AND CHILDREN Ms. MARY HARNEY, T.D. MARCH 2005 Mary Harney T.D., Tánaiste and Minister for Health & Children, Dear Tánaiste, On 16 December 2004 you asked me to examine and to report to you on certain matters relating to the practice of “in-patient charges in health board institutions”. You provided me with terms of reference for the examination of the matters concerned. These are set out at Appendix 1 of this report. I refer to our meeting of Friday 4th March when I presented to you first copies of my report. I indicated at my meeting with you that I have not had a final opportunity to read the report from cover to cover before presenting you with these copies. I stated that I wished to undertake a final read of the entire report over the weekend in order to pick up any typographical errors or any points where clarification might be needed to facilitate a fuller understanding of the content of the report. There are two points of clarification I have now added to the report for the purpose outlined. These are: 1. At paragraph 4.57 on page 49 where I had referred to the three draft statements provided to me by the Secretary General of the Department of Health and Children. I consider that I should add a sentence of clarification in relation to the various draft statements received from the Secretary General as follows: “In providing the different drafts the Secretary General made clear, and I fully accepted, that the provisions of drafts was to facilitate me in the completion of my report at the earliest possible time, while at the same time, allowing the Secretary General to reflect more fully on the drafts to ensure that they represented his best recollection of the matters covered in his statement”. 2. At paragraphs 5.43 and 7.4(3) at pages 78 and 92 respectively of the report where I have added in each case some four sentences as follows: “While this, at least, seems clear a more difficult question surrounds any possible conclusion on where lies the balance of morality involved. Attempting to arrive at any such conclusion does not fall within the Terms of Reference of this report. Were it to do so I, certainly would not be equipped to provide an answer. Who exactly would be so equipped appears highly indeterminate”. With the inclusion of these two points my report is now fully completed. I am privileged to submit the report beneath as requested. John Travers 7th March 2005 REPORT ON CERTAIN ISSUES OF MANAGEMENT AND ADMINISTRATION IN THE DEPARTMENT OF HEALTH AND CHILDREN ASSOCIATED WITH THE PRACTICE OF CHARGES FOR PERSONS IN LONG- STAY CARE IN HEALTH BOARD INSTITUTIONS AND RELATED MATTERS REPORT ON CERTAIN ISSUES OF MANAGEMENT AND ADMINISTRATION IN THE DEPARTMENT OF HEALTH AND CHILDREN ASSOCIATED WITH THE PRACTICE OF CHARGES FOR PERSONS IN LONG-STAY CARE IN HEALTH BOARD INSTITUTIONS AND RELATED MATTERS. TABLE OF CONTENTS PAGE NO. INTRODUCTION 1 CHAPTER 1: The Practice of Charges for Long-Stay Patients in Health 5 Board Institutions and the Legal Basis for such Charges CHAPTER 2: The High Court Decision in June 1975 (confirmed by the 9 Supreme Court in December 1976) in Relation to Long- Stay Patient Charges in the Case of Ms Maud McInerney, Ward of Court and the Legal and Financial Implications of that Decision CHAPTER 3: “Legal Concerns” with Respect to the Practice of 15 Charges for Certain Long-Stay Patients in Health Board Institutions: Extent and Timing of the Knowledge of the Department of Health and Children CHAPTER 4: “Legal Concerns” with Respect to Charges: Response of 33 the Department of Health and Children: Actions and Decisions CHAPTER 5: “Legal Concerns” with Respect to Charges: Response of 57 the Department of Health and Children: Underlying Reasons CHAPTER 6: Department of Health and Children: Required Changes 79 in Practices and Procedures CHAPTER 7: Summary of Findings and Recommendations 87 TABLE OF CONTENTS PAGE NO. APPENDICES APPENDIX 1: Term of Reference for Report 97 APPENDIX
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