The cost: Average repayments might be about €10,000, writes Carol Coulter, Legal Affairs Correspondent
Age Action has urged that the arrangements to repay people wrongly charged for nursing home care should not require "any incursion by the legal profession".
At her press conference yesterday, the Minister for Health indicated that the money owed would be paid quickly. No indication was given as to what mechanism would be involved, or whether it could be done without claimants needing legal advice.
Two categories of people will be able to seek the reimbursement of money paid to health boards, following the Supreme Court striking down of sections of the Health (Amendment) (No 2) Bill. These are the elderly people living in State nursing homes, or in "contract beds" in private nursing homes paid for by local health boards, and the relatives of those recently deceased who were in such institutions.
The Minister has suggested that the figure involved is €550 million, close to the €500 million put by counsel for the Attorney General during the Supreme Court hearing. A spokesman for the Minister acknowledged that these were "ballpark" figures, based on a "guesstimate".
They were based on figures from the Department of Health about the number of medical card holders paying for nursing home care over the past six years. That figure was increased by the decision of the last government to extend medical card cover to everyone over the age of 70, regardless of their means, in 2001.
However, some scepticism was expressed about these figures during the hearing.
There are a number of variables involved, starting with the number of medical card holders who were in nursing homes over the past six years. The Department of Health says it has already begun to compile more precise figures based on the records of individual institutions.
The length of time each individual stays in residential care varies. According to Mr Paul Murray of Age Action, there has been no scientific analysis of this, but it is generally accepted that an average length of stay in a nursing home is two years. Some people can stay much longer, others can go home after a period of respite care in a residential institution.
The amount of money charged to medical card holders also varied from health board to health board, but it was usually at least 80 per cent of the non-contributory old age pension, and therefore in excess of €100 a week.
Therefore a person who stayed the average length of time, and paid this amount, would be entitled to reclaim about €10,000.
Because what is involved is a property right, protected by the Constitution, this right extends to their heirs, according to the Supreme Court ruling. It stated: "The right in question is assignable and will devolve on the estates of deceased persons." The heirs of those who have recently died in nursing home care will therefore be able to claim rebates as well.
Ms Geraldine Clarke, the solicitor who was appointed to take the case against the State, said it was important that individuals got advice.
"Their claims should be dealt with in a way that does not affect their relationship with their nursing homes," she said.
However the decision to charge was made, not by the individual nursing homes, but by the health boards, with the clear support of the Department of Health, which was aware of its illegal nature.
The individual nursing homes bear no responsibility for the charges, and people living in them, or their relatives, should be able to make their claim without being caused any embarrassment.