The National Insurance in a huge victory against nursing homes that asked the Supreme Court not to allow elderly people in nursing homes to receive cash benefits when the elderly did not receive service from them
At this time, the Supreme Court recommended that the nursing homes withdraw the nursing homes' petition against the State and the National Insurance that allow cash payments to elderly people in nursing homes when they do not receive service from the National Insurance's nursing homes over the years, and, since the nursing homes are trying prevent the passing of a nursing home tender that seeks, among other things, to impose sanctions on the companies if they fail to provide services to the elderly in nursing homes - transfers cash benefit funds in situations where the elderly did not receive service, to ensure their entitlement.
As mentioned, in recent months, the nursing homes petitioned the Supreme Court with a request to prohibit the National Insurance from transferring entitlement funds to the elderly when services are not available.
The deliberation was attended by Deputy Speaker of the Knesset Eliyahu Revivo, representatives of the "Disabled, Not Half a Person" and the "Nursing Care Center" associations, who supported the National Insurance decision and the guarantee of the rights of the long-term care recipients.
It should be noted that there are approximately 390,000 people eligible for a long-term care allowance, with approximately 50% being cared for by family members - which indicates the lack of available services and qualified nursing care providers for those eligible.
Senior First Deputy Attorney General, Attorney Kfir Amon, who represented the National Insurance, noted that the companies tried to limit the National Insurance's discretion in order to "cash in on" and prevent an advantage to the elderly in nursing situation from being granted appropriate care, when they themselves know that the elderly did not receive the full number of hours approved for them or receive appropriately trained caregivers, etc. "Instead of the companies improving the service to those eligible, they attack every initiative to improve and streamline the assistance of the National Insurance."
Furthermore, Amon said, "We can learn about the companies' lack of service from the fact that there are hundreds of thousands of beneficiaries while the nursing homes are closing and therefore there are no caregivers.
The National Insurance puts the rights of citizens at the forefront of their minds and acts in accordance with the factual reality in which there are no nursing caregivers, especially in the periphery, and the Coronavirus crisis and the war have only intensified the need for assistance and transferring entitlement to those who did not receive care from those companies."
The panel of judges, headed by President Amit, noted that the discretion should be left in the hands of the National Insurance Institute, which does not violate the law, but adapts its discretion to the factual reality and the needs of the elderly in the State of Israel - and the nursing homes would do well to cancel the petition.
Attorney Kfir Amon noted at the end of the deliberation that "the companies that are cashing on public funding at the expense of the elderly have come to an end and we have taken another step towards social and public justice for the elderly population in Israel and respecting their wishes, as should be done in a righteous society."
Former Chairman of the Foreign Workers Committee, MK Eliyahu Revivo: "It is time for nursing homes to know that the purpose of the law is to protect the elderly and not to give nursing homes deeper pockets. I warmly receive Judge Steinitz's recommendation to continue promoting my bill prescribing as a default option for those eligible for long-term care benefits will be to realize their right in cash allowance at the full rate."
Director of the Nursing Department, Natalie Gabbay: "The personnel of the National Insurance receive inquiries every day from Holocaust survivors and other people entitled to long-term care complaining about not receiving the service they need at this time. The National Insurance defends the public's interest and its duty is to protect the rights of citizens and ensure that they grow old with dignity. This legal victory is significant and important for the continuation of good and effective service for people in nursing situation in Israel."
Alex Friedman, Founder and Chairman of the "Disabled Not Half a Human" organization, who joined the petition as a Friend of the Appeal Court (Amicus Curiae) : "A great victory for the nursed elderly in Israel. As always, we stood by the weak in society in order to allow the nursed elderly a freedom of choice regarding the nature and the manner of their long-term care. We are pleased that the Supreme Court accepted our position and rejected the nursing home companies' petition. Many thanks to Attorney Dafna Fodor and Attorney Maya Bendes for their important work in representing the organization in the petition."
It should be noted that, not long ago, the National Insurance's had another litigation victory against the nursing companies before the District Court, where they unsuccessfully tried to attack the tender seeking to introduce training programs for caregivers, guaranteeing care for nursed elderly, sanctions in absence of care, and protecting the social rights of nursing home caregivers - recently, the nursing companies have also filed an appeal against this ruling.