S.I. No. 382/2011 - Health (Charges for In-Patient Services) (Amendment) Regulations 2011.


Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 19th July, 2011.

I, JAMES REILLY, Minister for Health, in exercise of the powers conferred on me by sections 53 (2) (amended by section 4 of the Health (Amendment) Act 2005 (No. 3 of 2005)) and 72 of the Health Act 1970 (No. 1 of 1970), with the consent of the Minister for Finance, hereby make the following Regulations:

1. These Regulations may be cited as the Health (Charges for In-Patient Services) (Amendment) Regulations 2011.

2. In these Regulations “Principal Regulations” mean the Health (Charges for In-Patient Services) Regulations 2005 ( S.I. No. 276 of 2005 ) (as amended by the Health (Charges for In-Patient Services) (Amendment) Regulations 2008 ( S.I. No. 521 of 2008 )).

3. The Principal Regulations are amended by substituting the following for Regulation 3:

“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 the weekly rate specified in column (3) of Schedule 1 opposite the mention of the group of amounts within which that person’s weekly income falls and which are specified in column (2) of Schedule 1 at that reference number in column (1) of Schedule 1.”.

4. The Principal Regulations are amended by substituting the following for Regulation 4:

“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 the weekly rate specified in column (3) of Schedule 2 opposite the mention of the group of amounts within which that person’s weekly income falls and which are specified in column (2) of Schedule 2 at that reference number in column (1) of Schedule 2.”.

5. The Principal Regulations are amended by inserting, after Regulation 6, the Schedules set out in the Schedule to these Regulations.

6. These Regulations shall come into operation on 23 July 2011.

Regulation 3

SCHEDULE

“Schedule 1

Charges

Reference Number

(1)

Weekly Income

(2)

Weekly Rate

(3)

1.

€208.00 or any greater amount

€175.00

2.

€203.00 to €207.99

€170.00

3.

€198.00 to €202.99

€165.00

4.

€193.00 to €197.99

€160.00

5.

€188.00 to €192.99

€155.00

6.

€183.00 to €187.99

€150.00

7.

€178.00 to €182.99

€145.00

8.

€173.00 to €177.99

€140.00

9.

€168.00 to €172.99

€135.00

10.

€163.00 to €167.99

€130.00

11.

€158.00 to €162.99

€125.00

12.

€153.00 to €157.99

€120.00

13.

€148.00 to €152.99

€115.00

14.

€143.00 to €147.99

€110.00

15.

€138.00 to €142.99

€105.00

16.

€133.00 to €137.99

€100.00

17.

€128.00 to €132.99

€95.00

18.

€123.00 to €127.99

€90.00

19.

€118.00 to €122.99

€85.00

20.

€113.00 to €117.99

€80.00

21.

€108.00 to €112.99

€75.00

22.

€103.00 to €107.99

€70.00

23.

€98.00 to €102.99

€65.00

24.

€93.00 to €97.99

€60.00

25.

€88.00 to €92.99

€55.00

26.

€83.00 to €87.99

€50.00

27.

€78.00 to €82.99

€45.00

28.

€73.00 to €77.99

€40.00

29.

€68.00 to €72.99

€35.00

30.

€63.00 to €67.99

€30.00

31.

€58.00 to €62.99

€25.00

32.

€53.00 to €57.99

€20.00

33.

€48.00 to €52.99

€15.00

34.

€43.00 to €47.99

€10.00

35.

€38.00 to €42.99

€5.00

36.

€37.99 or any lesser amount

Nil

Regulation 4

Schedule 2

Charges

Reference Number

(1)

Weekly Income

(2)

Weekly Rate

(3)

1.

€194.00 or any greater amount

€130.00

2.

€189.00 to €193.99

€125.00

3.

€184.00 to €188.99

€120.00

4.

€179.00 to €183.99

€115.00

5.

€174.00 to €178.99

€110.00

6.

€169.00 to €173.99

€105.00

7.

€164.00 to €168.99

€100.00

8.

€159.00 to €163.99

€95.00

9.

€154.00 to €158.99

€90.00

10.

€149.00 to €153.99

€85.00

11.

€144.00 to €148.99

€80.00

12.

€139.00 to €143.99

€75.00

13.

€134.00 to €138.99

€70.00

14.

€129.00 to €133.99

€65.00

15.

€124.00 to €128.99

€60.00

16.

€119.00 to €123.99

€55.00

17.

€114.00 to €118.99

€50.00

18.

€109.00 to €113.99

€45.00

19.

€104.00 to €108.99

€40.00

20.

€99.00 to €103.99

€35.00

21.

€94.00 to €98.99

€30.00

22.

€89.00 to €93.99

€25.00

23.

€84.00 to €88.99

€20.00

24.

€79.00 to €83.99

€15.00

25.

€74.00 to €78.99

€10.00

26.

€69.00 to €73.99

€5.00

27.

€68.99 or any lesser amount

Nil

”.

The Minister for Finance consents to the making of the foregoing Regulations.

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GIVEN under the Official Seal of the Minister for Finance,

14 July 2011.

MICHAEL NOONAN,

Minister for Finance.

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GIVEN under my Official Seal,

15 July 2011.

JAMES REILLY,

Minister for Health.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These Regulations amend the Health (Charges for In-Patient Services) Regulations 2005 to:

• set the charge for those receiving in-patient services where 24 hour nursing care is provided at the weekly rate shown in Schedule 1 (up to a maximum of €175), and

• set the charge for those receiving in-patient services where 24 hour nursing care is not provided at the weekly rate shown in Schedule 2 (up to a maximum of €130).