Nursing Home Charges

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Nursing Home Repayment Scheme

The State has introduced a Nursing Home Repayment Scheme. The Scheme entitles elderly persons, or their next-of-kin, to reclaim monies that were paid illegally to the State for nursing home care.

Illegal nursing home charges were levied upon elderly Irish residents between 1976 and 2004. The present scheme will allow those who paid the charges between December 1998 and 2004 to a refund of these monies.

Tragically, many of the people affected by this overcharging had to sell their homes in order to pay these illegal fees. Many of these elderly nursing home residents were entitled to free nursing home care based on the following reasons:

• Residents have/had full eligibility for health services, i.e., entitled to a medical card
• Residents met the means test to enter a public nursing home

In addition, residents of community hostels that provide medical or nursing care on a rostered basis will qualify for repayments if charges were paid.

People that do not qualify

At present, those that were living in private nursing home because they could not get a bed in a public nursing home do not qualify for the current scheme. However, this is currently being contested in the Courts and Malcomson Law believe that these residents do have an entitlement to a refund.

The Health (Repayment Scheme) Act 2006

Initially, the Government attempted to introduce legislation that would provide a once off payment of €2000 to residents who paid the illegal charges. The Supreme Court found that this legislation was repugnant to the Constitution as it infringed property rights under Article 40 (3) (2) and Article 43 of the Constitution. In addition it was retrospective.

As a result, the Health (Repayment Scheme) Act 2006 was enacted. However, Malcomson Law believe that this Bill is fundamentally flawed. The Act does not ensure that all persons who were overcharged are entitled to reclaim their money. The time period within which claims have to be advanced is far too limited.

In addition, we firmly believe that there is an entitlement to pursue a refund of nursing home charges through the Courts in respect of those persons (or their next-of-kin) that paid the illegal charges between 1976 and 1998.

There is a major concern that the amount of money that the State will refund to the elderly or their relatives is less than the true and fair value of what should be received.

Advice

We recommend that any person who may have paid illegal nursing home charges (or their Next-of-Kin) should obtain independent legal advice before proceeding with their refund claim.

The Irish Government has endeavoured, through the Scheme, to deliver less than fair compensation to the victims of illegal overcharging. The spirit of the nation has always been to ensure fairness and equity. This should also be true with the Nursing Home repayment scheme.

Please contact Malcomson Law if you feel that you are entitled to:

1. A refund of charges that you/your relative paid to nursing homes between 1998 and 2004
2. A refund of charges that you/your relative paid to a nursing home between 1976 and 1998

For further information

For further information on the nursing home repayment scheme, please go to the Nursing Home Repayment Scheme section on the Department of Health and Children website where you will find information on the scheme along with application forms for those entitled to a refund.

Making a claim

If you believe that you may be entitled to pursue a claim for compensation please contact Malcomson Law by calling 01 8744422 or complete an Online Enquiry Form. A solicitor who specialises in this area will contact you to advise you of your legal rights and entitlements.