Description
Book SynopsisThis authoritative guide to the law of continuing healthcare provides clarity on a contentious issue for those in long-term care: which adults are eligible for full NHS funding, as opposed to self-funded social care.
Written by seasoned legal expert Michael Mandelstam, it provides practitioners with clear information on both the letter and spirit of the law, written in an accessible style suitable for a wide range of health and social care practitioners. The book gives all the need-to-knows in a handy A-Z format for quick reference, including key legal rules, guidance and case law.
It contains also an extended analysis, with detailed evidence, of NHS continuing healthcare over the last 30 years up to the present. This is critical in order to understand why the rules are so complex, confusing and sometimes disregarded, and why decisions can seem counter-intuitive, unfair and difficult to challenge.
The book is essential reading to assist the making of decisions that are fair, lawful and transparent.
Trade ReviewThis book provides a fantastic overview of NHS continuing healthcare and is written to give people the information they need. It is incredibly helpful for people who want to learn more about CHC and equip themselves for the often laborious process of applying for it. -- Alzheimer’s Society
This excellent book should be essential reading for the Secretary of State for Health and all health service managers and social workers involved in CHC decision making. It is my hope this book will put the woeful application of CHC decision-making back under the spotlight and into the national conversation. -- Simon Bull C.Q.S.W., Assistant Borough Solicitor, Bracknell Council
Table of ContentsPreface
1.Introduction
2.Basic rules and common pitfalls
3.Background, explanation and evidence of a dysfunctional system
4.Chapter 4: A-Z List
Adaptations, see Home adaptations
Accommodation and NHS continuing healthcare
Advocacy and NHS continuing healthcare
Aids to daily living, see Equipment
Altered states of consciousness, see Decision Support Tool
Appropriate clinician (end of life)
Assessment
Breathing, see Decision Support Tool
Care Act 2014
Carers
Case management
Challenging behaviour
Challenging decisions
Charging for services, see Means-testing
Checklist
Children
Clinical commissioning groups
Cognition, see Decision Support Tool
Communication, see Decision Support Tool
Competence, see: Expertise of assessors and knowledge of the patient
Commissioning support units
Complexity
Consent
Consultation in decision-making
Continence, see Decision Support Tool
Continuity of care
Coordinator
Cooperation
Cost-effectiveness
Coughlan case
Decision-making process
Decision support tool (DST)
Delay
Deprivation of liberty
Diagnosis
Direct payments
Discrimination
Dispute resolution between NHS and social services
Disputes between person and the NHS
Domains of need, see Decision support tool
Double scoring
Dowry payments, see Legacy payments
Drug therapies and medication, see Decision Support Tool
Education, health and care plans
Eligibility
End of life, see Fast track Pathway
Equipment
Evidence of need
Expertise of assessors, and knowledge of the patient
Family involvement, see: Person and family involvement
Fast track pathway tool (end of life)
Final decisions about CHC eligibility, see Clinical commissioning groups
Financial gatekeeping, see Final decision-making; Resources
Funded nursing care
Gap between health and social care
Gatekeeping, see Financial gatekeeping
Grogan case
Guidance
Health care needs
Health Service Ombudsman
Health services generally
Home adaptations
Hospices
Hospital discharge
Incidental or ancillary or of a nature beyond social services
Independent review panels
Indicative cases
Informal carers, see Carers
Input (of care)
Intensity
Interim provision of care during assessment and decision
Joint funding
Joint working
Judicial review
Learning disability
Legal framework
Legal cases, see Indicative cases
Legal remedies, see Disputes between person and the NHS
Local authorities, see Social Services
Local Government and Social Care Ombudsman (LGSCO)
Means-testing
Meeting need
Mental capacity
Mental health aftercare
Mental Health Act 1983, see Mental health aftercare
Mobility, see Decision Support Tool
Multi-disciplinary team
National Framework on NHS Continuing Healthcare
National Health Service Act 2006
Nature
NHS-employed staff
NHS England
Northern Ireland
Nurse assessors
Nutrition, see Decision Support Tool
Panels
Paying privately, see Private care
People's own homes
Person and family involvement
Personal health budgets
Personal injury compensation
Predictable unpredictability
Pointon case
Primary decision maker
Primary health need
Private top-up care
Process, see Decision making
Professional judgement
Prohibitions
Psychological and emotional needs, see Decision support tool
Public Service Ombudsman for Wales
Quality of care, see Nature
Quantity of care, see Incidental or Ancillary
Referral for NHS continuing healthcare
Registered nursing
Rehabilitation and recovery
Reimbursement
Remedies, see Disputes
Resources
Respite care
Responsible commissioner, see Clinical commissioning groups
Review of decision about CHC see Disputes
Reviewing care package
Safeguarding
Scotland
Screening, see Checklist
Section 117, Mental Health Act, see Mental health after care
Setting
Skin, see Decision Support Tool
Social care
Social services
Specialist staff
Timescales, see Delay
Topping up, see Private top-up care
Training
Transition
Unpredictability
Wales
Well managed needs
Withdrawal of care
