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

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.

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of

11

th 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