The Health and Social Care Act 2001 removes local councils' responsibility for arranging care by a registered nurse as part of community care, and paves the way for the introduction of free nursing care provided by the NHS.
New directions provide that, from 1 October 2001, self-funders in nursing home care will no longer have to pay for registered nurse care in a nursing home where the NHS assesses such care as needed. The directions and draft "circular guidance on providing NHS free nursing care for people in nursing homes" can be found at www.doh.gov.uk/jointunit/freenursingcare.htm
The draft guidance was issued on 17 July 2001 with responses due by 13 August 2001. Given that the new system begins to be implemented in October 2001, it is unlikely that there will be major changes.
From 1 April 2002, the NHS will become responsible for determining the care by a registered nurse required by other nursing home residents, previously the responsibility of councils. This will include those people supported by local authorities. This will also include approximately 15,000 nursing home residents who entered residential accommodation before 1993 and who are currently in receipt of preserved rights to higher rates of income support.
Stephen Cragg
Doughty Street Chambers
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