§ Bob SpinkTo ask the Secretary of State for Health if he will make a statement on the powers used by the Government on which it bases the system for the payment of the nursing element of a patient's nursing home fees. [134218]
§ Dr. LadymanThe National Health Service has a general duty under section 3 of the National Health Service Act 1977 to provide nursing services to such extent as it considers necessary to meet all reasonable requirements. This duty has been delegated by the Secretary of State to primary care trusts (PCTs) pursuant to section 16B of the 1977 Act and section 17 of the same Act gives the Secretary of State the power to direct a PCT about the exercise of those functions. The National Health Service (Nursing Care in Residential Accommodation) (England) Directions 2001 directed the NHS to provide nursing care for all care home residents, where nursing care had the same meaning as in section 49(2) of the Health and Social Care Act 2001. PCTs are required to follow these Directions and guidance has been issued to PCTs about the practical operation of the system
§ Bob SpinkTo ask the Secretary of State for Health if he will issue guidance on the funding of nursing care in residential and nursing homes following the Coughlan case. [134219]
§ Dr. LadymanGuidance on the provision of National Health Service-funded nursing care in nursing homes, Guidance on NHS funded nursing care, was published on 12 March 2003. Guidance on the issues raised by the Coughlan judgement, Continuing care: NHS and Local Councils' responsibilities, was issued on 28 June 2001. There are no current plans to issue new guidance.