S.I. No. 74/2014 - Health (Amendment) Act 2013 (Section 11(a)) (Commencement) Order 2014.

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 11th February, 2014.

I, JAMES REILLY, Minister for Health, in exercise of the powers conferred on me by section 2 (1) of the Health (Amendment) Act 2013 (No. 31 of 2013), hereby order as follows:

1. This Order may be cited as the Health (Amendment) Act 2013 (Section 11(a)) (Commencement) Order 2014.

2. The 7th day of February 2014 is appointed as the day on which section 11 (a) of the Health (Amendment) Act 2013 (No. 31 of 2013) shall come into operation.

GIVEN under my Official Seal,

5 February 2014.

JAMES REILLY,

Minister for Health.

EXPLANATORY NOTE

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

The purpose of Section 11(a) is to extend the application of Section 53A of the Health Act, 1970 to public nursing homes. This provision will enable the HSE to charge the average cost of long-term residential care in public nursing homes in cases where a person enters a public nursing home for services other than long-term residential care, e.g. respite or rehabilitation, and has subsequently been deemed by a registered medical practitioner to require long-term residential care. This is an enabling provision and will only apply where a person refuses to co-operate with the application process for the Nursing Homes Support Scheme.