Health (Amendment) Act 2013

Amendment of section 53A of Act of 1970.

11.— Section 53A of the Act of 1970 is amended—

(a) by the substitution of the following for subsection (1):

“(1) This section applies where—

(a) in-patient services (not being long-term residential care services) are provided to a person in a hospital for the care and treatment of patients with acute ailments (including any psychiatric ailments) and a registered medical practitioner designated by the Health Service Executive has certified in writing that the person in receipt of such services does not require medically acute care and treatment in respect of any such ailment, or

(b) in-patient services are being provided to a person—

(i) who is a resident in a designated centre for older people (as defined in the Health Act 2007 (Care and Welfare of Residents in Designated Centres for Older People) Regulations 2009 ( S.I. No. 236 of 2009 )) at which centre services are provided by or on behalf of the Health Service Executive,

(ii) who first began to receive those in-patient services on or after 27 October 2009,

(iii) who is not being provided with State support or ancillary State support under the Nursing Homes Support Scheme Act 2009 , and

(iv) in respect of whom a registered medical practitioner designated by the Health Service Executive has certified in writing that long-term residential care services are required.”,

and

(b) in subsection (2)—

(i) by the substitution of “section 67C” for “section 53”,

and

(ii) by the deletion of “within the meaning of the Nursing Homes Support Scheme Act 2009 .”.