The HSE appealed to the Department of Health to "urgently intervene" earlier in the bitter row with health watchdog Hiqa over its investigation into the Midland Regional Hospital.
HSE director general Tony O'Brien, in a letter to the department seen by The Irish Times, suggested that the department could appoint a mediator.
He indicated that if the Health Information and Quality Authority (Hiqa) gave an undertaking not to proceed further with its report on the hospital in Portlaoise, Co Laois, pending the outcome of any mediation, this would “forestall the immediate necessity to initiate court proceedings”.
On Monday The Irish Times reported that a major dispute had erupted between the HSE and Hiqa over its planned report into Portlaoise hospital. The HSE had retained counsel and was planning to seek a judicial review.
Refused to meet
Yesterday, the HSE denied it was to blame for the delay in the publication of the report, saying this was because Hiqa had refused to meet it over a five-week period.
In the March 13th letter to Tony Holohan, the chief medical officer of the Department of Health, Mr O'Brien said it was "bizarre and beyond belief" that the HSE could be forced to seek the intervention of the courts.
However, he said the HSE was left with no option “given Hiqa’s repeated refusal to afford affected employees and officers with their rights to fair procedures”.
He said he was fully aware of the “unprecedented nature of the present circumstances and the far-reaching implications of same”.
Mr O’Brien contended that the draft Hiqa report into Portlaoise hospital was “unfair, lacks specificity and fails to give reasons for its findings”.
“It implies significant adverse conduct based on invalidated, unverified, anecdotal and hearsay reports. It has been prepared in breach of fair procedures. The report fails to record the significant work that has been undertaken to improve the quality of services provided to patients, to ensure patients’ safety and to ensure effective governance.”
Mr O’Brien argued that the draft report failed to state that Hiqa had found there was no immediate risk to patient safety in Portlaoise, despite having stated this verbally to hospital management.
He said the HSE had not disputed that there were serious issues to be addressed in the hospital. He said the HSE would welcome the publication of an “accurate and fair investigation report”.
“By its actions Hiqa is creating circumstances in which such an outcome is becoming a remote possibility.”
Adverse inference
Meanwhile, the
State Claims Agency
has said it is the subject of a single adverse inference in the Hiqa report that is factually incorrect. The agency says it has written to Hiqa informing it of this and requesting it be changed in the final report.
“The State Claims Agency has given its full co-operation to Hiqa, and will continue to do so, to assist it with what the agency views as very important work in improving the level of care provided to patients at Midland Regional Hospital,” said a spokesman.
Taoiseach Enda Kenny has said he wants to see the Portlaoise hospital report published, but added that two organisations using public money should not be in “court situations”.
He said Minister for Health Leo Varadkar was correct to say he expected the HSE and Hiqa to sort out their differences without resorting to the law.
