A landmark recommendation by the new Health Service Ombudsman could cause the NHS to face a compensation bill of millions of pounds, reimbursing dementia sufferers, disabled people and those with chronic illnesses who have been wrongly made to pay for long term care in care homes, writes Amy Taylor.
In a new report, which upholds allegations concerning four older people whose relatives said they were incorrectly forced to pay for their long term care, Ann Abraham calls for the four health authorities she investigated to identify any other patients also made to pay.
She recognises that "significant numbers of people and sums of money are likely to be involved".
Paul Burstow MP, Liberal Democrat spokesperson on older people, said: "Tens of thousands of elderly people have been illegally forced to pay for long term care that should have been free…it could cost tax payers hundreds of millions of pounds."
The report was a result of four investigations into health authorities in Dorset, Wigan and Bolton, Berkshire and Birmingham after complaints about the way they set and applied eligibility criteria for NHS funding for the long term care of older and disabled people.
Abraham has also called for the department of health to review and clarify its guidance on the system of eligibility for the NHS funding. She said the guidance was misapplied by some health authorities and trusts, there were also "fundamental problems" with the system.
The Alzheimer's Society said three-quarters of people in long term care have Alzheimer's or another form of dementia, but that many are forced to pay for themselves.
"Callers to our Helpline repeatedly tell us how little dementia care the NHS will fund - even people in the palliative stage of care are told that they must finance their own care," said Harry Cayton, chief executive of the Alzheimer's Society.
'NHS funding for long term care of older and disabled people' available here
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