The Government is awaiting legal advice on whether thousands of elderly people have been illegally charged by health boards for contributions towards the cost of their long-term nursing care, the Taoiseach has told the Dáil.
Speaking during Leaders' Questions, Mr Ahern told the Fine Gael leader Enda Kenny he did not yet have an answer to the question of whether certain charges levied by health boards on some people over 70 since 2001 were illegal.
Mr Kenny raised the issue following a report in today's Irish Independentsuggesting that between 7,000 and 8,000 people had been charged as much as €100 million since that date, despite the fact that they held medical cards.
The report said that at least one health board has obtained independent legal advice that any charges levied on a person over 70 since 2001 is contrary to legislation introduced in that year. The Health (Miscellaneous Provisions) Act 2001 granted medical cards to those over 70 and "full eligibility" to in-patient charges and specifically excluded them from any charges that might be levied.
Mr Kenny said any reimbursement of the charges, if they were found to have been levied illegally, should come from the Exchequer and not from the "seriously over-stressed" health budget. He said that when AIB had overcharged customers, the bank was obliged to reimburse them. The health service could "not operate to a different set of rules", he said.
Mr Ahern said there was a principle that all those in receipt of long-term care should make some contribution towards the cost of that care if they could afford to do so, as they would if they lived in the community. Health boards had regard to each person's circumstances in assessing what they could afford to pay, he said.
Health boards may pay a subvention towards nursing home beds under the Nursing Homes Act, he added.
Mr Ahern said a working group had been set up to review the operation of the nursing home subvention. The Department of Health was committed to the preparation of new legislation to update and clarify the situation regarding eligibility and entitlement to health services, the Taoiseach added.
He told Mr Kenny the Minister for Health, Ms Harney, would address the Dáil on the issue of the charges once advice had been received from the Attorney General. There was a legal point "that has to be clarified" and when that had been done, it would be outlined to the House, Mr Ahern said.
Meanwhile, the advocacy group Age Action Ireland called for clarity and fairness in relation to nursing home charges following today's reports. The body said the reports raise "a number of serious issues in relation to care of older people".
"With the continued lack of adequate community care for older people nursing homes are often the only option for older people needing long term-care.
"Older people in public nursing homes over 70 should not have to pay for their care from their pensions. Nor of course should those in contracted beds. These two categories of older people have been deemed to be unable to pay for their nursing home care. For private patients in private nursing homes it is essential clarity is available from the Department of Health as to their entitlements regarding the cost nursing home care.
"The cost of keeping older people in private nursing homes is often met by hard-pressed families or by the sale of family homes. If these people have been inappropriately charged then the Government needs to quickly admit this and compensate those affected."