Coronavirus Act 2020 - NHS continuing healthcare assessments
Details
These provisions are contained in section 14 of the Coronavirus Act 2020, which came into force immediately after the Act was given royal assent on 25 March 2020. This section applies retrospectively to obligations arising before the Act was passed, as well as from the date it came into force.
Previous provisions | Coronavirus Act | |
|---|---|---|
Duty relating to assessment and provision of NHS continuing healthcare | The relevant body (CCG) must take reasonable steps to ensure that an assessment of eligibility for CHC is carried out in respect of a person for whom they are responsible, where it appears that there is a need for such care. | The CCG no longer has to comply with this duty. |
Duty relating to the National Framework | In carrying out a CHC eligibility assessment, the relevant body (CCG) must have regard to National Framework. | The CCG no longer has to comply with this duty. |
Duty relating to persons who develop a need for nursing care | Where it appears to a relevant body in respect of a person for whom it has a responsibility that the person is a resident in relevant premises or may need to become a resident in such premises, and may be in need of nursing care, the relevant body (CCG) must carry out an assessment of the need for nursing care. Before carrying out any such assessment, the CCG must consider whether the duty to carry out a CHC eligibility assessment has been engaged and if so, assess for CHC eligibility first. | The requirement to consider whether there is a need for ‘nursing care’ is dispensed with, unless the CCG chooses to comply with the duty to consider CHC eligibility, nursing care must also be considered in such circumstances. |
If an assessment is still undertaken | When exercising its functions in carrying out a CHC eligibility assessment, the relevant body (CCG) must ensure that it is carried out before any assessment as to a person’s need for ‘nursing care’ is undertaken. | This duty still applies if the CCG chooses to assess for eligibility for CHC. |
NHS trust obligations re NHS continuing healthcare | The NHS trust must take reasonable steps to ensure that a CHC eligibility assessment is carried out in all cases where it appears that the patient may have a need for such care, in consultation with the local authority when considered appropriate. In carrying out this duty, the trust must have regard to the National Framework. | Under the Act, the trust’s obligation to ‘ensure’ an assessment is carried out, and to comply with the National Framework is now dispensed with. However, if an assessment is nevertheless carried out, the trust must take reasonable steps to ensure the correct process set out in the directions is followed, before notice is given to the local authority of the person’s likely need for community care services. |
Assessment notices | The assessment notice given to the local authority must include a statement that the NHS body has considered whether or not to provide the patient with NHS CHC and the result of that assessment. | The trust no longer has to comply with this duty. |
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