Introduction

On 5 November 2024, the Minister for Health signed regulations which amend the Health Act 2007 (Care and Welfare of Residents in Designated Centres for Older People) Regulations 2013 (“Amendment Regulations”). The Amendment Regulations, prompted by the recommendations from the Covid-19 Nursing Homes Expert Panel Report and reports from the Health Information and Quality Authority (“HIQA”), introduce new requirements and enhance existing requirements in areas such as visitation, infection prevention and control, residents’ rights, criteria for persons-in charge and governance.

Overview

The Amendment Regulations reflect input from HIQA and are informed by stakeholder consultation undertaken with nursing home provider representatives. Whilst the publication of the Amendment Regulations is awaited and expected in the coming days, the amendments are intended to strengthen the regulatory framework for nursing homes through:

• the protection of residents’ visitation rights (including during outbreaks) and facilitation of communication with family members;
• enhancement of the qualification criteria for persons-in-charge including a requirement for a Level 8 management certificate;
• enhancement of governance, quality improvement and risk processes;
• a requirement for annual quality improvement plans;
• a requirement that infection prevention and control guidance is implemented and training provided; and
• a reduction in the notification period of a range of incidents to HIQA from 3 working days to 2 working days.

Next Steps

It is important that registered providers familiarise themselves with changes introduced by the Amendment Regulations and act to ensure compliance including reviewing and updating policies and procedures and providing implementation training.

We will continue to monitor developments concerning the Amendment Regulations and keep you informed.  If you would like to discuss any of the matters covered in this update in more detail, please contact Joanelle O’Cleirigh or any member of our Healthcare Group.