The Delayed Discharges (England) Regulations 2003
| Jurisdiction | UK Non-devolved |
| Citation | SI 2003/2277 |
2003 No. 2277
NATIONAL HEALTH SERVICE, ENGLAND
SOCIAL SERVICES, ENGLAND
The Delayed Discharges (England) Regulations 2003
Made 4th September 2003
Laid before Parliament 10th September 2003
The Secretary of State for Health, in exercise of the powers conferred upon him by sections 1(1), 3(3) and (5), 5(7) and (10), 6(2) and (7), 7(3), 9(1), (2), (4) and (5), 10(1) and (2) of the Community Care (Delayed Discharges etc.) Act 20031and of all other powers enabling him in that behalf, having regard to the matters set out in section 7(1) of the Community Care (Delayed Discharges etc.) Act 2003, hereby makes the following Regulations:
Citation, commencement and application
1.—(1) These Regulations may be cited as the Delayed Discharges (England) Regulations 2003 and shall come into force on—
(a)
(a) for the purposes of this regulation and regulations 2 to 6, 10, 12 and 13 to 18, on 1st October 2003; and
(b)
(b) for all other purposes, on 5th January 2004.
(2) These Regulations apply to England only.
Interpretation
2. In these Regulations—
“the Act” means the Community Care (Delayed Discharges etc.) Act 2003;
“continuing NHS care” means a package of care which is arranged and funded solely by NHS bodies2to meet a person’s continuing care needs;
“health service body” means—
(a) a Strategic Health Authority;
(b) a Special Health Authority;
(c) an NHS body3;
(d) a pilot scheme health service body within the meaning of section 16(6) of the National Health Service (Primary Care) Act 19974; or
(e) a PHS body within in the meaning of section 33(6) of the Health and Social Care Act 20015;
“higher rate authorities” means those social services authorities6listed in the Schedule;
“lower rate authorities” means those social services authorities which are not higher rate authorities;
“panel” means a panel to assist in the resolution of disputes between two or more authorities about matters arising under or in relation to Part 1 of the Act; and
“public holiday” means a public holiday in England and Wales.
Prescribed care
3.—(1) For the purposes of the definition of “qualifying hospital patient” in section 1 of the Act care is of a prescribed description if it is—
(a)
(a) acute care; and
(b)
(b) not care in respect of which the patient has given an undertaking to pay (or for whom such an undertaking has been given).
(2) In paragraph (1) acute care means, subject to paragraph (3), intensive medical treatment provided by or under the supervision of a consultant which is for a limited time after which the patient no longer benefits from that treatment.
(3) The following types of care are not acute care—
(a)
(a) maternity care, that is, care of expectant and nursing mothers;
(b)
(b) mental health care within the meaning of article 2 of the Delayed Discharges (Mental Health Care) (England) Order 20037;
(c)
(c) palliative care;
(d)
(d) intermediate care;
(e)
(e) care provided for the purposes of recuperation or rehabilitation.
(4) In paragraph (3) intermediate care means a structured programme of care provided for a limited period of time to assist a person to maintain or regain the ability to live in his home.
Notice of possible need for community care services
4.—(1) A notice given by an NHS body to a social services authority under section 2 shall—
(a)
(a) be given in written form; and
(b)
(b) bear the date on which it is given.
(2) For the purposes of paragraph (1), a notice given “in written form” means in a manner which is in, or which is capable of being reproduced in, legible form.
(3) Such a notice shall contain the following information8—
(a)
(a) the name of the patient;
(b)
(b) if given prior to the patient’s admission, the expected date of admission and the name of the hospital in which the patient is expected to be accommodated;
(c)
(c) if given after the patient’s admission, the name of the hospital in which the patient is being accommodated;
(d)
(d) an indication of the likely date of discharge, if known;
(e)
(e) a statement—
(i) that the NHS body has complied with the consultation requirements in section 2(4) of the Act;
(ii) that the NHS body has considered whether or not to provide the patient with continuing NHS care and of the result of that consideration; and
(iii) whether the patient or any carer has objected to the giving of the notice; and
(f)
(f) the name of the person at the hospital who will be responsible for liaising with the social services authority in relation to the patient’s discharge from that hospital.
(4) Such a notice must be withdrawn where—
(a)
(a) the responsible NHS body no longer considers that it is unlikely to be safe to discharge the patient from hospital unless one or more community care services are made available for him;
(b)
(b) the responsible NHS body considers that the patient’s on-going need is now for continuing NHS care;
(c)
(c) the responsible NHS body, following the decision by the responsible authority required under section 4(2)(b) of the Act, still considers that it is unlikely to be safe to discharge the patient from hospital unless one or more further community care services are made available for him;
(d)
(d) the patient’s proposed treatment is cancelled or postponed;
(e)
(e) the responsible NHS body becomes aware that either—
(i) the patient’s ordinary residence has changed since the notice was given; or
(ii) the notice was given to a social services authority other than the one in whose area the patient is ordinarily resident.
(5) Such a notice shall cease to have effect upon—
(a)
(a) the death of the patient; or
(b)
(b) the patient discharging himself.
Notice of proposed discharge date
5.—(1) A notice given by a responsible NHS body to a responsible authority under section 5(3) of the Act shall—
(a)
(a) be given at least one day in advance of the proposed discharge date;
(b)
(b) be given in written form; and
(c)
(c) bear the date on which it is given.
(2) For the purposes of paragraph (1), a notice given “in written form” means in a manner which is in, or which is capable of being reproduced in, legible form.
(3) Such a notice shall contain the following information—
(a)
(a) the name of the patient;
(b)
(b) the name of the hospital in which the patient is being accommodated;
(c)
(c) the name of the person at the hospital who is responsible for liaising with the social services authority in relation to the patient’s discharge from that hospital;
(d)
(d) the date on which it is proposed that the patient be discharged;
(e)
(e) a statement that the patient and, where appropriate, the carer has been informed of the date on which it is proposed the patient be discharged;
(f)
(f) a statement that the notice is given under section 5(3) of the Act.
(4) Such a notice must be withdrawn if the responsible NHS body considers that it is no longer likely to be safe to discharge the patient from hospital on the proposed day, except where that is only because the responsible authority has not complied with its duties under section 4(2) of the Act or because the responsible authority has not made available for—
(a)
(a) the patient a community care service which it decided under section 4(2)(b) of the Act to make available to him;
(b)
(b) the patient’s carer a service which it decided under section 4(3)(b) of the Act to make available to the carer.
Minimum interval
6. The period prescribed as the minimum interval for the purposes of section 5(6)(b) of the Act is two days9.
Delayed discharge payment
7. The amount of payment prescribed for the purposes of section 6(2) of the Act is, for each day of the delayed discharge period—
(a) for higher rate authorities, £120; and
(b) for lower rate authorities, £100.
Days exempt from liability
8.—(1) The day after the relevant day10shall not be treated as a day of the delayed discharge period11if by 11am on that day the responsible authority is ready to provide the services which it decided it would provide under section 4(2)(b) and 4(3)(b) of the Act.
(2) If the day after the relevant day is a Sunday or a public holiday it shall not be treated as a day of the delayed discharge period and the following day (excluding Sundays and public holidays) shall be treated as the day after the relevant day.
(3) Any day on which the patient suffers what the responsible NHS body considers to be a short-term deterioration, so that he is not fit for discharge on the relevant day, shall not be treated as a day of the delayed discharge period.
Days on which liability ends
9. The delayed discharge period shall end on any day on which any of the following circumstances occur—
(a) the death of the patient;
(b) the patient arranges his own care or other care is arranged for him so that he no longer requires community care services;
(c) the patient discharges himself;
(d) the patient needs to remain in hospital for a further course of treatment.
Deemed time of notices
10.—(1) Subject to paragraph (3), any notice given under section 2 of the Act which is given—
(a)
(a) on a Sunday;
(b)
(b) on a public holiday; or
(c)
(c) after 2pm on any other day;
shall be treated as having been given on the following day.
(2) Subject to paragraph (3), any notice given under section 5(3) of the Act which is given—
(a)
(a) after 2pm on a Friday;
(b)
(b) on a Sunday;
(c)
(c) on a public holiday; or
(d)
(d) after 5pm on any other day,
shall be treated as having been given on the following day.
(3) If a notice would, by virtue of paragraphs (1) or (2), be treated as having been given on a Sunday or a public holiday, the notice shall instead be treated as having been given on the following day (excluding Sundays and public holidays).
Deemed day of discharge
11. Where—
...
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