S.I. No. 276/2005 - Health (Charges For In-Patient Services) Regulations, 2005

STATUTORY INSTRUMENTS

S.I. No. 276 of 2005

Health (Charges for In-Patient Services) Regulations, 2005

The Minister for Health and Children, in exercise of the powers conferred on her by sections 53 and 72 of the Health Act 1970 (as amended by the Health (Amendment) Act 2005 ) hereby makes the following regulations:

Citation.

1.        These Regulations may be cited as the Health (Charges for In-Patient Services Regulations 2005.

Application.

2.        These Regulations shall apply to all persons to whom in-patient services are provided and whether or not such persons have full or limited eligibility.

Charge for provision of in-patient services where nursing care is provided on a 24 hour basis.

3.        Where in-patient services have been provided to a person -

(a)       for -

(i)        a period of not less than 30 days commencing on or after the commencement of these Regulations, or

(ii)        periods aggregating not less than 30 days within the previous 12 months but excluding any such periods before the commencement of these Regulations, and

(b)       on premises where nursing care is provided on a 24 hour basis on those premises,

then, without prejudice to any other charge which may be imposed under any enactment or under any instrument made under any enactment, there is hereby imposed, for the further provision of any in-patient services to that person, a charge at a weekly rate of -

(c)       €120, or

(d)       the weekly income of that person less €35,

whichever is the lesser.

Charge for provision of in-patient services where nursing care is not provided on a 24 hour basis.

4.        Where in-patient services have been provided to a person -

(a)       for -

(i)        a period of not less than 30 days commencing on or after the commencement of these Regulations, or

(ii)        periods aggregating not less than 30 days within the previous 12 months but excluding any such periods before the commencement of these Regulations, and

(b)       on premises where nursing care is not provided on a 24 hour basis on those premises,

then, without prejudice to any other charge which may be imposed under any enactment or under any instrument made under any enactment, there is hereby imposed, for the further provision of any in-patient services to that person, a charge at a weekly rate of -

(c)       €90, or

(d)       the weekly income of that person less €55, or

(e)       60% of the weekly income of that person,

whichever is the lesser.

Amendment of the Health (In-Patient Charges) Regulations 1987.

5.        Regulation 4(1) of the Health (In-Patient Charges) Regulations 1987 ( S.I. No. 116 of 1987 ) is amended by substituting the following for paragraph (g):

“(g)      persons who are subject to a charge under the Health (Charges for In-Patient Services) Regulations 2005,”.

Revocation of Health (Charges for In-Patient Services) Regulations 1976.

6.        The Health (Charges for In-Patient Services) Regulations 1976 ( S.I. No. 180 of 1976 are revoked immediately upon the expiration of the period of 30 days immediately following the commencement of these Regulations.

The Minister for Finance consents to these Regulations.

Health (Charges for In-Patient Services) Regulations, 2005

Explanatory Memorandum

Section 53(2)(a) of the Health Act, 1970 as amended by the Health (Amendment) Act, 2005 provides that the Minister for Health and Children “shall, with the consent of the Minister for Finance, make regulations providing for the imposition of charges for in-patient services in specified circumstances on persons to whom the in-patient services are provided or on specified classes of such persons and 53(2)(b) allows for the Ministers “specifying the amounts of the charges or the limits to the amounts of the charges to be made”.

Section 51 of the Health Act, 1970 defines in-patient services as meaning “institutional services provided for persons while maintained in a hospital, convalescent home or home for persons suffering from physical or mental disability or in accommodation ancillary thereto.

In keeping with this provision, these Regulations have provided for two different classes of persons on whom charges can be levied and the maximum charge which can be imposed in respect of each class.