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NHS Continuing Healthcare

September 20, 2019

If a person’s medical condition is unpredictable and/or unstable and they need constant 24 hour acute or specialist nursing care, they may be entitled to NHS Continuing Healthcare. 

If a person’s medical condition is unpredictable and/or unstable and they need constant 24 hour acute or specialist nursing care, they may be entitled to NHS Continuing Healthcare. 
NHS Continuing Healthcare will cover all the costs of your care, including accommodation if you need to be in a care or nursing home. The eligibility for NHS Continuing Healthcare is based on the individual having a “Primary Health Need”.
In order to determine whether an individual has a primary health need, a detailed assessment and decision-making process must be followed, as set out in the National Framework. Where an individual has a primary health need and is therefore eligible for NHS Continuing Healthcare, the NHS is responsible for commissioning a care package that meets the individual’s health and associated social care needs.

A primary health need is not about the reason why someone requires care or support, nor is it based on a diagnosis; it is about the level and type of actual day-to-day care required and it is the nature and intensity of these needs that must be considered when determining eligibility for NHS CHC.

The first step is the completion of a Checklist.

The Checklist is a screening tool and the first stage of the NHS CHC funding assessment process. It is intended to be relatively quick and straightforward, so it is not necessary to provide detailed evidence along with the completed Checklist.

 A positive outcome in the Checklist does not mean the individual is automatically eligible for NHS CHC funding; it simply means that they progress to stage two.

Stage two involves a multidisciplinary team (MDT) and the use of the Decision Support Tool (DST). This stage is often known as the ‘full assessment’ and it is much more involved.

The DST aims to bring together and record a person’s needs based on 12areas termed ‘care domains’. These are:
  1. Behaviour 
  2. Cognition 
  3. Psychological/emotional needs 
  4. Communication 
  5. Mobility 
  6. Nutrition -food and drink 
  7. Continence 
  8. Skin (including tissue viability) 
  9. Breathing 
  10. Drug therapies and medication: symptom control 
  11. Altered states of consciousness 
  12. Other significant care needs.

The individual is assessed on their needs in each of the twelve domains, which are scored as having low(L), moderate(M), high(H), severe(S) or priority(P) needs.

There is no specific combination of scores that will ‘guarantee’ eligibility, however, a clear recommendation of eligibility to NHS continuing healthcare would be expected where: 
  • The needs in any domain have been assessed as at “priority” level.
  • A total of two or more incidences of “severe” needs have been identified across all care domains.

An indication of a primary health need may arise where:
  • One domain is recorded as severe, as well as there being needs in several other domains, or
  • Several domains are recorded as having high and/or moderate needs
When someone is terminally ill, it is possible to fast track the system of assessment.

Once the NHS funding has been agreed it is subject to review, initially at 3 months and then usually annually thereafter.
If you have not been granted NHS funding, you can appeal against the decision. There are specialist solicitors and advisers who can take clients through the appeal process.

It is always a good idea to keep an eye on the individual’s health, because there is nothing to stop you requesting a further assessment if their condition deteriorates.

Finally, it is possible to ask for a retrospective assessment to look at whether an individual should have been receiving NHS funding. This can happen even if the individual is no longer alive. This is a complex process and expert advice is required.
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