The Nursing Homes Regulations (Northern Ireland) 2005

PART I GENERAL

Citation, commencement and extent

1.  These Regulations may be cited as the Nursing Homes Regulations (Northern Ireland) 2005 and shall come into operation on 1st April 2005.

Interpretation

2.—(1) In these Regulations –

“clinical trial” has the same meaning as in the Medicines for Human Use (Clinical Trials) Regulations 2004(1);

“ethics committee” has the same meaning as in the Medicines for Human Use (Clinical Trials) Regulations 2004;

“Fire Authority” means the Fire Authority for Northern Ireland within the meaning of the Fire Services (Northern Ireland) Order 1984(2);

“general medical practitioner” means a medical practitioner providing primary medical services;

“health care professional” means a person who is registered as a member of any profession which is regulated by a body mentioned in Section 25(3) of the National Health Service Reform and Health Care Professions Act 2002(3) or who is a clinical psychologist or child psychotherapist;

“inspection report” means a report prepared in relation to the nursing home under Article 42(7) of the Order;

“nurse” means a person registered in the register maintained under Article 5 of the Nursing and Midwifery Order 2001(4) by virtue of qualification in nursing or midwifery as the case may be;

“the Order” means the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003;

“organisation” means a body corporate or any unincorporated association other than a partnership;

“patient” means a person for whom nursing is provided in, or for the purposes of the nursing home;

“patient’s guide” means the guide compiled in accordance with regulation 4 (1);

“patient’s plan” means the written plan prepared in accordance with regulation 16(1);

“registered manager” in relation to a nursing home, means a person who is registered under Part III of the Order as the manager of the nursing home;

“registered person” in relation to a nursing home, means any person who is the registered provider or registered manager in respect of the nursing home;

“registered provider” in relation to a nursing home, means a person who is registered under Part III of the Order as a person carrying on the nursing home;

“relative” in relation to any person, means –

(a)

the person’s spouse;

(b)

any parent, grandparent, child, grandchild, brother, sister, uncle, aunt, nephew or niece of his or his spouse;

(c)

the spouse of any relative within sub-paragraph (b) of this definition,

and for the purpose of determining any such relationship a person’s step-child shall be treated as his child, and references to “spouse” in relation to any person include a former spouse and a person who is living with the person as husband or wife;

“representative” means in relation to a patient, a person other than the registered person or a person employed at the nursing home, who with the patient’s express or implied consent takes an interest in the patient’s health and welfare;

“responsible individual” shall be construed in accordance with regulation 7(2)(c)(i);

“social care worker” has the meaning as defined in Section 2 of the HPSS Act (Northern Ireland) 2001(5);

“staff” means persons employed by the registered person to work at the nursing home but does not include a volunteer or a person employed under a contract for services;

“statement of purpose” means the written statement compiled in accordance with regulation 3(1).

(2) In these Regulations, references to employing a person include employing a person whether or not for payment and whether under a contract of service or a contract for services and allowing a person to work as a volunteer.

Statement of purpose

3.—(1) The registered person shall compile in relation to the nursing home a written statement which shall consist of –

(a) a statement of the aims and objectives of the nursing home;

(b) a statement as to the facilities and services which are to be provided by the registered person for patients; and

(c) a statement as to the matters listed in Schedule 1.

(2) The registered person shall supply a copy of the statement of purpose to the Regulation and Improvement Authority and shall make a copy of it available for inspection by every patient and any representative of a patient.

(3) Nothing in regulation 18(1) or 27(1) shall require or authorise the registered person to contravene, or not to comply with –

(a) any other provision of these Regulations; or

(b) the conditions for the time being in force in relation to the registration of the registered person under Part III of the Order.

Patient’s guide

4.—(1) The registered person shall produce a written guide to the nursing home which shall include –

(a) a summary of the statement of purpose including the philosophy of care;

(b) the terms and conditions in respect of accommodation to be provided for patients, including as to the amount and method of payment of fees;

(c) a standard form of contract for the provision of services and facilities by the registered provider to patients;

(d) a summary of the complaints procedure established under regulation 24;

(e) the address and telephone number of the Regulation and Improvement Authority.

(2) The registered person shall also provide, on request, access to a copy of the most recent inspection report and information on how to access earlier inspection reports.

(3) The registered person shall supply a copy of the patient’s guide to the Regulation and Improvement Authority and each patient or their representative.

(4) Where a HSS Trust has made arrangements for the provision of accommodation and nursing to the patient at the nursing home, the registered person shall supply to the patient a copy of the agreement specifying the arrangements made.

Information about fees

5.—(1) The registered person shall provide to each patient, by not later than the day on which he becomes a patient, a statement specifying –

(a) the fees payable by or in respect of the patient for the provision to the patient of any of the following services –

(i) accommodation, including the provision of food; and

(ii) nursing;

and, except where a single fee is payable for those services, the services to which each fee relates;

(b) the method of payment of the fees and the person by whom the fees are payable.

(2) The registered person shall notify the patient at least 28 days in advance of –

(a) any increase in the fees referred to in paragraph (1)(a) and payable by or in respect of the patient;

(b) any variation in the matters referred to in paragraph (1)(b).

(3) Where a nursing contribution is paid in respect of nursing provided to the patient, the registered person shall provide to the patient a statement specifying –

(a) the date payment commenced and the amount of the nursing contribution; and

(b) the date on which the registered person is to deduct the amount of the nursing contribution from the fees referred to in paragraph (1)(a) or pay that amount to the patient.

(4) In this regulation “nursing contribution” means a payment by a HSS Trust to the registered person in respect of nursing to be provided to a patient, but does not include a payment where –

(a) the HSS Trust has made arrangements for the provision of accommodation to the patient; and

(b) the payment relates to any period for which under those arrangements accommodation is provided to the patient.

Review of statement of purpose and patient’s guide

6.  The registered person shall –

(a) keep under review and, where appropriate, revise the statement of purpose and the patient’s guide; and

(b) notify the Regulation and Improvement Authority and patients of any such revision within 28 days.

(1)

S.I. 2004/1031

(2)

S.I. 1984/1821 (N.I. 11)

(3)

2002 c. 17

(4)

S.I. 2002/253

(5)

2001 c. 3 (N.I.)