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Special Report – NHS Funding for long term care – investigations into Complaints Nos E 208/99-00 Dorset Health Authority and Dorset Health Care Trust and others
(2003) 6 CCLR 397
 
28.13Special Report – NHS Funding for long term care – investigations into Complaints Nos E 208/99-00 Dorset Health Authority and Dorset Health Care Trust and others (2003) 6 CCLR 397
Health authorities were required to review their NHS Continuing Healthcare policies and provide redress to those wrongly charged for healthcare
Strategic Health Authorities should review the criteria used by their predecessor bodies, and the way those criteria were applied, since 1996 taking into account the Coughlan judgment, guidance issued by the Department of Health and the Ombudsman’s findings; and make efforts to remedy any consequent financial injustice to patients, where the criteria, or the way they were applied, were not clearly appropriate or fair. This includes attempting to identify any patients in their area who may wrongly have been made to pay for their care in a home and making appropriate recompense to them or their estates. The Department of Health should consider how they can support and monitor the performance of authorities and primary care trusts in this work. That might involve the Department assessing whether, from 1996 to date, criteria being used were in line with the law and guidance. Where they were not, the Department might need to co-ordinate effort to remedy any financial injustice to patients affected; review the national guidance on eligibility for NHS Continuing Healthcare, making it much clearer in new guidance the situations when the NHS must provide funding and those where it is left to the discretion of NHS bodies locally; consider being more proactive in checking that criteria used in the future follow that guidance; consider how to link assessment of eligibility for NHS Continuing Healthcare into the single assessment process and whether the Department should provide further support to the development of reliable assessment methods.
Special Report – NHS Funding for long term care – investigations into Complaints Nos E 208/99-00 Dorset Health Authority and Dorset Health Care Trust and others
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