The National Health Service Commissioning Board and Clinical Commissioning Groups (Responsibilities and Standing Rules) (Amendment) Regulations 2013
| Jurisdiction | UK Non-devolved |
| Citation | SI 2013/2891 |
| Year | 2013 |
2013 No. 2891
National Health Service, England
The National Health Service Commissioning Board and Clinical Commissioning Groups (Responsibilities and Standing Rules) (Amendment) Regulations 2013
Made 8th November 2013
Laid before Parliament 13th November 2013
The Secretary of State for Health makes the following Regulations in exercise of the powers conferred by sections 3(1B), 6E(1), (2) and (3) and 272(7) and (8) of the National Health Service Act 20061and section 75 of the Health and Social Care Act 20122.
Citation, commencement and interpretation
1.—(1) These Regulations may be cited as the National Health Service Commissioning Board and Clinical Commissioning Groups (Responsibilities and Standing Rules) (Amendment) Regulations 2013.
(2) These regulations come into force for the purposes of this regulation and regulation 6 on 16th December 2013, and for all other purposes on 1st April 2014.
(3) In these Regulations, “the 2012 Regulations” means the National Health Service Commissioning Board and Clinical Commissioning Groups (Responsibilities and Standing Rules) Regulations 20123.
Amendments in relation to NHS Continuing Healthcare and NHS funded nursing care
2.—(1) In regulation 21 of the 2012 Regulations (duty of relevant bodies: assessment and provision of NHS Continuing Healthcare)—
(a)
(a) for paragraph (3), substitute—
“3 If an assessment of a person’s need for NHS Continuing Healthcare is required under paragraph (2)(a), the relevant body must ensure that it is carried out before—
(a) any assessment pursuant to regulation 28(1) (persons who enter relevant premises or who develop a need for nursing care) is carried out in relation to that person; and
(b) any notice is given to a social services authority pursuant to section 2(2) of the Community Care (Delayed Discharges etc) Act 2003 (notice of patient’s likely need for community care services)4in relation to that person.”;
(b)
(b) after paragraph (7) insert—
“7A Paragraph (7B) applies where an NHS trust makes a recommendation to a relevant body that it should decide that a person is eligible for NHS Continuing Healthcare pursuant to direction 2(6) of the Delayed Discharges Directions.
7B Where this paragraph applies, the relevant body may decide that the person is eligible for NHS Continuing Healthcare in reliance on the recommendation of the NHS trust, and if it does so, paragraphs (2) to (6) do not apply.”;
(c)
(c) in paragraph (8), for “a Fast Track Pathway Tool”, substitute “the Fast Track Pathway Tool”;
(d)
(d) for paragraph (9) substitute—
“9 A relevant body must decide that a person is eligible for NHS Continuing Healthcare upon receipt of—
(a) the Fast Track Pathway Tool completed in accordance with paragraph (8); or
(b) the recommendation of an NHS trust under direction 2(9) of the Delayed Discharges Directions that a person is eligible for NHS Continuing Healthcare, based on the Fast Track Pathway Tool completed in accordance with direction 2(8) of those Directions.”;
(e)
(e) for paragraph (10) substitute—
“10 Where a relevant body makes a decision about a person’s eligibility for NHS Continuing Healthcare, it must—
(a) notify the person (or someone lawfully acting on that person’s behalf), in writing, of the decision made about their eligibility for NHS Continuing Healthcare, the reasons for that decision and, where applicable, the matters referred to in paragraph (11); and
(b) make a record of that decision.”; and
(f)
(f) in paragraph (13)—
(i) in the definition of “appropriate clinician”, for “a Fast Track Pathway Tool”, substitute “the Fast Track Pathway Tool”;
(ii) after the definition of “appropriate clinician” insert—
““Delayed Discharges Directions” means the Delayed Discharges (Continuing Care) Directions 20135”; and
(iii) in the definition of “healthcare profession”, for “(whether or not that person is regulated by, or by virtue of, any enactment)”, substitute “(whether or not a person engaged in that profession is regulated by, or by virtue of, any enactment)”.
(2) In Schedule 5 (persons disqualified from being a chair, CCG member or social services authority member of a review panel), omit paragraph (2).
Amendments in relation to personal health budgets and NHS Continuing Healthcare
3. After Part 6 of the 2012 Regulations, insert—
“PART 6A
Standing rules: personal health budgets
Interpretation
32A.—(1) In this Part—
“Continuing Care for Children” means that part of a package of care which is arranged and funded by a relevant body for a person aged 17 or under to meet needs which have arisen as a result of disability, accident or illness;
“eligible person” means a person for whom a relevant body considers it necessary to arrange the provision of a relevant health service;
“NHS Continuing Healthcare” means a package of care arranged and funded solely by the health service in England for a person aged 18 or over to meet physical or mental health needs which have arisen as a result of disability, accident or illness;
“personal health budget” means an amount of money—
(a) which is identified by a relevant body as appropriate for the purpose of securing the provision to a person of a relevant health service; and
(b) the application of which is planned and agreed between the relevant body and the eligible person or their representative; and
“relevant health service” means—
(a) Continuing Care for Children; or
(b) NHS Continuing Healthcare.
(2) References in this Part to an eligible person’s representative are to such persons whom, in the opinion of the relevant body, it is appropriate to consult about, and involve in, decisions about the provision of a relevant health service to the eligible person by means of a personal health budget.
Duties of relevant bodies in relation to personal health budgets
32B.—(1) A relevant body must ensure that it is able to arrange for the provision of a relevant health service to an eligible person by means of a personal health budget which is managed in accordance with paragraph (2).
(2) A personal health budget must be managed in at least one of the following ways—
(a)
(a) the making of a direct payment6;
(b)
(b) the application of the personal health budget by the relevant body in accordance with the outcome of discussions with the eligible person or that person’s representative as to how best to secure the provision of the relevant health service to the person; or
(c)
(c) the transfer of the personal health budget by a relevant body to a person who applies the money in accordance with the outcome of discussions with the eligible person or that person’s representative as to how best, with the agreement of the relevant body, to secure the provision of the relevant health service to the eligible person.
(3) A relevant body must—
(a)
(a) publicise and promote the availability of personal health budgets to eligible persons and their representatives; and
(b)
(b) provide information, advice and other support to eligible persons and their representatives to assist them in deciding whether to request a personal health budget in respect of a relevant health service.
(4) A relevant body...
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