Proposed legislation for a new system for paying nursing home fees have been published.
The Nursing Homes Support Scheme Bill 2008 provides for some of the cost of care to be recovered by the State, after a person dies, out of the value of their home.
Minister for Health Mary Harney said the scheme was totally fair and would cover all people who need long term care, not only older people.
Age Action said it was concerned at the implications the scheme would have for older people.
The group's spokesman Eamon Timmins said any legal problems relating to the bill should be sorted out before it is passed into law.
He said the bill represented a dramatic departure in the charging of vulnerable people for essential health services.
The Bill provides for a relative to apply to the Circuit Court to be appointed as a care representative, to represent the interests of a nursing home resident who does not have the capacity to make decisions.
The scheme, called Fair Deal, will allow people to have a charge to pay for their care placed on the market value of their home, which will be collected after they die.
Over 21,000 people are in long-term nursing home care in public or private facilities.
The proposed Fair Deal legislation aims to replace the existing nursing home subvention scheme, which is widely viewed as unfair.
Under the new system, people seeking a nursing home bed will face a new medical assessment, to see if they have high dependency needs.
If eligible, they will pay a maximum of 80% of their disposable income towards the cost of their care, based on a Health Service Executive assessment of their assets.
If this does not cover the cost, they may agree to have a charge placed on the market value of their home, collected after they die, to pay for their care.
This charge will be capped at 5% each year of the value of their home, for a maximum of three years.
The system is not expected to come into effect until the middle of next year at the earliest.
