Although the new framework does not solve all of the difficulties providers face when seeking to recover payment for the services they are providing to the NHS at a sustainable cost, there are some important changes that providers should be aware of and which can be used to influence the outcomes of the discussion for themselves and for their customers.
The changes arise from a restatement of the National Framework for NHS Continuing Healthcare and Funded Nursing Care (FNC) made in March 2018 and which, by 1 October 2018, Clinical Commissioning Groups (CCGs) and NHS Trusts should have implemented.
The fundamental changes effected by the revisions are based on making some of the key principles of the Care Act 2014 far more prominent when health bodies are looking at their obligations to arrange and fund health and care services. This change in emphasis is not so fundamental that it creates a new way of judging eligibility for CHC or FNC, but the new framework does spell out areas where health bodies will not be able to ignore some important principles arising from the Care Act, such as:
There are some detailed amendments covering such things as “top-ups” in the context of health-funded services, the identification of the split between services which are obliged to be funded free by the NHS and those which are not, particularly in the context of health services provided in residential care and other settings. There is also some improvement in identifying who is the responsible commissioner, particularly in circumstances where there are joint packages of care between local authorities and CCGs.
This note is primarily aimed at providers who are often left powerless to deal with NHS bodies funding services (or failing to do so) and acting in ways which are both high-handed and irresponsible; with regards to setting fees or planning / removing individuals from services. The following specific scenarios are covered:
A document discussing the changes in detail brought about by the new framework can be found here.
Please contact John Wearing or Emma Watt.
In this ebriefing, we identify what we see as the key messages arising from recent prosecutions in the care and housing sectors.
A recent High Court case on costs could prove essential reading for clients who have cases in the magistrates' courts.
The employment and pensions team offer practical advice on whistleblowing.
Partners, David Alcock and Sarah Patrice, have been involved in reviewing the new Code of Governance for community-led housing, published on 21 May 2021 by the Confederation for Coop Housing.
Following the eviction ban being lifted on 31 May 2021 and further to our previous ebriefing, the new notice of seeking possession forms are now available on the Government website as Word versions.
The European Court of Justice's standpoint on the Wiener Wohnen landowning developer case, and how the level of influence over the work did not amount to a decisive influence.
The Law Commission's Technical Issues in Charity Law report revealed that many charities struggle with a range of technical issue in the law.
The Law Commission recommended four key changes to the law in respect of mergers and the incorporation of charities which we have detailed in this ebriefing.
Over the last few weeks, we have published individual ebriefings on some of the key changes to be implemented following the Government’s response to the Law Commission’s report.
In April 2021, the Foreign Office halted funding for Oxfam following new allegations of sexual misconduct made against staff in the Democratic Republic of Congo.
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