§ Dr. MurrisonTo ask the Secretary of State for Health (1) whether a failed asylum seeker is entitled to free NHS prophylactic bronchodilators from a general practitioner;[171044]
(2) how a doctor who has treated a failed asylum seeker may demonstrate to a funding primary care trust that the person's treatment was immediately necessary;[171046]
(3)which ailments will entitle failed asylum seekers requiring NHS treatment to free treatment in (a) primary care and (b) secondary care. [171047]
§ Mr. HuttonEach primary care trust (PCT) has a duty to meet all reasonable requirements to provide or secure national health service primary medical services in its area. For their part, general practitioner practices have discretion to accept a failed asylum seeker as a registered NHS patient. However, since the NHS is intended for those living lawfully in the United Kingdom, existing guidance discourages GP practices from accepting failed asylum seekers as patients.
On 14 May, I issued a consultation document setting out proposals to clarify eligibility and introduce charges for those overseas visitors, including failed asylum seekers, who would then be ineligible for free routine NHS primary medical treatment.
Under these proposals, practices would continue to be required to provide treatment, including potentially for asthma, which they regard as emergency or immediately necessary to anyone who needs it. Where a practice provides such treatment to an individual not registered at the practice, it notifies the PCT in writing of the clinical care given.
In secondary care, if an asylum seeker has been in the UK for more than 12 months when their asylum claim is finally rejected, any course of treatment already under way at the time of the final rejection remains free of 1370W charge. Furthermore, certain secondary care services are exempt from charges for everyone, irrespective of their immigration status. This includes treatment provided solely in an accident and emergency department, treatment of certain specified communicable diseases and compulsory mental health treatment. In the case of services which relate to HIV/AIDS only the initial test and counselling is free. Influenza immunisations are given to those who are in at risk categories. These categories include anyone over six months with respiratory disease (including asthma), chronic heart disease, renal disease, diabetes and immunosuppressant or staying or living in long stay facilities, or who at the GP's discretion needs to have a flu jab on the basis of clinical need.