Continuing Care
When decisions have to be made about the care of those close to us, feelings of guilt and anxiety are only natural, add to that the extra pressure of cost, it can be one of the toughest times of our lives. But recent headlines have highlighted major concerns over the justification of care home costs that seem to penalize families looking for help with the care of sick relatives. This bamboozlement of bureaucracy has only exacerbated those feelings for thousands of families across the UK.
Recent news has stated that approximately £8 million has been recovered by solicitors representing families who claim they have been wrongly charged nursing home fees.
If your primary need for care is “healthcare” then under the National Framework Eligibility Criteria you could be entitled to receive free care from the Primary Care Trust of the NHS (PCT) regardless of your financial means. This is called “NHS Continuing Care”.
Your eligibility is assessed against a National Decision Support Tool to ensure uniformity of approach and to look at all aspects of your mental and physical health care needs in assessment. A decision is then taken regarding eligibility. If you are eligible then your care is provided free of charge, as long as you continue to meet the criteria. It is also possible to receive Continuing Care in your own home if you are eligible.
Ultimately if someone’s care needs are so intense, that they require turning every hour, hoisting to move from a bed to a chair, feeding and are unable to communicate, it is their right that they be entitled to free care.
Officials have said that health professionals, doctors and nurses that have no managerial or financial position within the primary care trust, carry out the assessments that take place. However these health professionals are only permitted to make a recommendation, which then goes to a panel of health managers who make the final decision. Many find that it is at this panel hearing that their application is rejected and funding is refused. We can help to challenge such decisions.
At Foot Anstey we have a team of solicitors specialising in providing robust, comprehensive and sympathetic legal advice for older people, their families and carers. We have experience in advising and assisting clients on all legal issues concerning elderly client care ranging from assessing an individual’s entitlement to care, submitting requests for assessment and challenging PCT’s refusal to fund care for an individual.
If you are already in a care home and paying for your own care either in full or in part then it is still possible to request an assessment, and you may even be able to claim reimbursement for fees already paid, retrospectively.
We have won over half a million pounds for clients and their grieving families who have been wrongly charged by the NHS for their care.
For more information please contact Foot Anstey
If you would like to know more about any of the issues raised then you should contact a member of the Elderly Care Team for a free initial telephone discussion and we will do our best to put you at ease and advise on the best course of action. We are happy to make home, care home or hospital visits for those unable to attend appointments at our offices in Exeter, Truro, Plymouth and Taunton. www.footanstey.com
Published 10/09/2009
