New Health Bill signed into law to strengthen care for older people and expand Family Successor Rules

Minister for Mental Health and Older People, Mary Butler, has welcomed the signing of the Health (Miscellaneous Provisions) (No.2) Bill 2024 into law by President Higgins. This follows the Bill’s completion of all legislative stages on July 10, 2024.

The new law introduces important changes to the Health Act 2007, the Nursing Homes Support Scheme (NHSS) Act 2009 (Fair Deal), and the Mental Health Act 2001. Key updates include:

  1. Enhanced Enforcement Powers for HIQA:
    • HIQA’s Chief Inspector of Social Services can now issue compliance notices to ensure residential care centres meet regulations, protecting residents better.
  2. Improved Data Collection from Nursing Homes:
    • New provisions allow for better collection and publication of data from nursing homes, aiding in national planning.
  3. Expanded Definition of Family Successor:
    • More family members, such as great-grandchildren and distant cousins, can now be considered ‘family successors’ for family farms or business assets under the NHSS, supporting those without immediate relatives.
  4. Extended Terms for Mental Health Tribunal Members:
    • The term for serving on the Mental Health Tribunal panel is extended from three to five years, aiding in continuity and reducing recruitment costs.

Minister Butler emphasized the importance of these changes in providing safer, quality care for vulnerable individuals in residential care and supporting the sustainability of family farms and businesses. The amendments also aim to modernize the regulatory framework in response to the COVID-19 Nursing Home Expert Panel Report.

Further details and secondary legislation will follow to implement the new data collection provisions from nursing homes.

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