Health regulator has power to force closure of Portlaoise nursing home

Ireland's health service regulator can force the shutdown of the Portlaoise nursing home at the centre of a national controversy following an RTÉ Investigates documentary by cancelling its registration for breaching conditions imposed in April.

The Health Information and Quality Authorty (HIQA), which has been called before the Dáil Public Accounts Committee, has also confirmed to the Leinster Express / Laois Live that it can also prosecute Emeis Ireland.

It would be able take such action becuase the company breached restrictions on its operations in admitting new residents to The Residence despite being ordered not to do so.

If it were to cancel registration, the HSE would then be required to manage the home until alternative arrangements can be made for the residents in the care of Emeis Ireland.

HIQA advised Emeis Ireland of its intention to restrict admissions after a February inspection that found failings in care at the home near Portlaoise train station. It officially notified the company in March that no new residents could be admitted after April 22.

However, Emeis Ireland has confirmed that people were admitted after this date but an "administrative error" was blamed by the French-owned firm. 

The Leinster Express / Laois Live asked the regulator about what sanctions could be imposed. It said the following.

"Where a provider of a nursing home fails to recognise or address issues that are impacting the care of residents, inspectors will commence a process of escalating regulatory engagement, including cautionary and warning meetings.

"In circumstances where the required levels of improvement are not achieved, Part 8 of the Act sets out the tools of enforcement which are available to the Chief Inspector," it said.

HIQA outlined these as follows:

• Attaching or varying a condition of registration pursuant to section 51 of the Act; 
• Cancelling the registration of a designated centre pursuant to section 51 of the Act;
• Applying to the District Court seeking an order for the cancellation of a designated centre’s registration pursuant to section 59 of the Act;
• Prosecution.

When a nursing home's registration is cancelled, the HSE becomes responsible for taking over the facility under section 64 of the Health Act 2007. This means they must manage the nursing home until alternative arrangements can be made for the residents. MORE BELOW PHOTO.

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Regulations also require the HSE find suitable alternative accommodation for the residents, ensuring they are transferred to a safe and appropriate environment.

HIQA would not state if any sanction has been decided upon or is under consideration arising from the failure of Emeis Ireland to comply with restrictions on admissions that came into force on April 22.

As regards the review ordered by Government into the Portlaiose home and Beneavin Manor in Dublin. HIQA said its review continues and it will provide an interim report to the Minister this week. It is not clear if this will be published.

READ ALSO: Former carer at The Residence speaks out

It has also emerged that the powerful Dáil Public Accounts Committee has asked HIQA, which has been criticised for its regulation, to come before it to discuss its role in inspecting nursing homes. HIQA executives are expected before TDs on 17 July.

The Residence began operating in 2023. It was officially opened in 2024 when it was described as being "purpose built and stat of the art". HIQA published several negative findings on care provided in the time since it has opened.