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Did you hear Radio 4’s consumer affairs programme You & Yours on October 25th?

The presenters took an in-depth look at how CCGs are flouting the National Framework guidelines for NHS continuing healthcare by imposing care caps.

The programme, called ‘Expensive care options, Data Detox, Horrible Halloween’ discussed how the NHS is beginning to cap the cost of continuing healthcare and revealed that the UK’s flagship equality body, the Equality and Human Rights Commission, is writing to more than 40 Clinical Commissioning Groups about these new policies which can mean a person being told living at home is too expensive.

Separately, the Independent newspaper, covering the same story went as far as to descibe the sitauation as’ NHS cost cutting leaving disabled people ‘interned’ in care homes‘.

The NHS is being warned not to force disabled or very sick people to live in care homes when they want to live at home because these new rules are not only splitting families up but may also be breaking the law as well as breaching Human Rights.

The programme spoke with 2 families who have been told that despite qualifying for NHS continuing healthcare, the CCG has determined that the cost of caring for the patient at home is too high and they will only pay for the cost of care if the patient moves into a residential care home.

To recap, NHS continuing healthcare (or NHS CHC) is free healthcare provided by the NHS to individuals who have significant healthcare needs; this need must be assessed as complex, substantial and on-going.

The NHS CHC package of care can be received in any setting outside of hospital including care homes, hospices or even within your own home. A person’s health needs, not their location, is the key factor to receiving continuing healthcare funding.

Very importantly, it must be noted that it doesn’t matter what your income is or what savings you have, if you meet the criteria, you are entitled to free NHS CHC funding. Remember, NHS continuing healthcare funding is not means tested and it can cover up to 100% of care costs.

At Compass CHC, our team of continuing healthcare experts, comprising lawyers (non-practising) and clinicians (including nurses, tissue viability specialists and pharmacists), review and consider the evidence from a clinical perspective before drafting reasoned arguments which identify an individual’s entitlement to the funding by cross-referring the medical evidence to the National Framework for continuing healthcare criteria.

Further, our advocates are all (non-practising) lawyers specialising exclusively in continuing healthcare funding matters.  Compass CHC does not undertake work in any other area which means we have accumulated vast experience attending assessments and appeal hearings at local and NHS England level and we are not distracted by work of other natures

If you have significant ongoing health needs we, at Compass CHC, can help you obtain NHS continuing healthcare funding. Complete our free, confidential assessment today and an expert member of our team will contact you for a no obligation discussion to outline your options.

Author: Tim Davies LLB

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