§ Mr. McCabeTo ask the Secretary of State for Health (1) how the allocation of free nursing care outside hospital is monitored; [53461]
(2) what avenues exist for individuals and their relatives to appeal when (a) claimants are not adequately assessed for nursing care and (b) when necessary items are excluded and then subjected to charging and means-testing; [53462]
(3) what mechanisms exist within the NHS to ensure that nursing care outside hospital is free. [53460]
§ Jacqui SmithGuidance was issued to the national health service and to councils with social service responsibilities on 25 September 2001 under cover of HSC 2001/17: LAC (2001)26. The National Health Service (Nursing Care in Residential Accommodation) (England) Directions 2001 direct the national health service to carry out these functions. Copies of the guidance and the directions are in the Library.
From I October 2001, the NHS became responsible for determining the need for care by a registered nurse of all people who pay the full costs of their nursing care themselves and for arranging payments to nursing homes. Budget responsibilities lie with the nursing home co-ordinator and professional responsibilities with a lead nurse. From that date nobody should have to pay for the care that they need from a registered nurse. This corrects the anomaly of people in a nursing home having to pay for the care from a registered nurse that would have been provided free of charge in any other setting.
All new residents entering homes after that date will have had their needs reviewed within three months and 12 months thereafter. It is open to anyone—the resident, their family or the nursing home—to seek a review of any determination made if they feel it does not accurately reflect the person's need for a registered nurse. The lead nurse may arrange for a further determination to be carried out. If anyone remains dissatisfied, the matter can be referred to the health authority's continuing care panel for a decision to be reviewed.
Residents of nursing homes should have access to services from the NHS and local authorities on the same basis as they would if they were in any other setting. Local authorities continue to be able to charge for some of the services that they provide. For residents of care homes providing residential care and those receiving care in their own home, NHS services are provided free of charge directly by the community nursing service. In the case of nursing home residents, nursing homes are paid for the care from a registered nurse that a person needs and which they provide.