Health (Miscellaneous Provisions) Act 2014

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Interpretation - sections 67A to 67D of Principal Act

42. The Principal Act is amended by substituting the following for section 67A (inserted by section 19 of the Act of 2013):

“Interpretation - sections 67A to 67D

67A. (1) In this section and sections 67B to 67D—

‘accommodation’, in relation to a person (‘relevant person’) being provided with a health or personal social service that falls within the definition of ‘residential support services’, means—

(a) accommodation provided to the relevant person by or on behalf of the Health Service Executive, or

(b) if paragraph (a) does not apply and the ongoing costs of maintenance associated with the provision of that service to the relevant person are met by the Health Service Executive or another person that provides services on behalf of the Health Service Executive, accommodation provided to the relevant person pursuant to an arrangement that has been put in place by or on behalf of the relevant person for the purpose of facilitating the provision, in that accommodation, of that service;

‘costs of maintenance’, in relation to a person (‘relevant person’) being provided with a health or personal social service that falls within the definition of ‘residential support services’, means the costs (other than excluded costs) relating to the ongoing essential daily living requirements of the relevant person and, without prejudice to the generality of the foregoing, includes the costs to the Health Service Executive or another person acting on behalf of the Health Service Executive of purchasing or paying for—

(a) the relevant person’s food or other essential household provisions,

(b) the relevant person’s electricity, gas, heating, refuse collection, water supply or other essential utilities, or

(c) any combination of any such provisions and such utilities,

and ‘maintenance costs’, ‘maintenance’, ‘maintain’ and cognate terms shall be construed accordingly;

‘excluded costs’, in relation to the definition of ‘costs of maintenance’ and a relevant person referred to in that definition, means—

(a) the relevant person’s accommodation costs (if any), and

(b) the costs (if any), associated with the provision of a health or personal social service to the relevant person, that do not fall within that definition;

‘persons’ includes a class or classes of persons;

‘residential support services’ means any health or personal social service excluding—

(a) acute in-patient services,

(b) long-term residential care services, and

(c) out-patient services provided under section 56,

provided by or on behalf of the Health Service Executive under section 7 of the Health Act 2004 or under any other enactment, to a person residing in accommodation that is a—

(i) hospital,

(ii) convalescent home,

(iii) nursing home, or

(iv) home or other category of housing accommodation for persons with a physical, sensory, mental health or intellectual disability,

or in accommodation ancillary thereto.

(2) A reference in the definition of ‘residential support services’ in subsection (1) to long-term residential care services shall be construed as a reference to long-term residential care services provided to a person who first began to receive those services on or after 27 October 2009.”