Karen Moylan of WBW solicitors talks about the provision of Continuous Healthcare (CHC) in the NHS and how some claimants are not receiving the free health care they are entitled to.

“In recent years, despite government guidelines and numerous cases in the courts, people are still not receiving the free care in care or nursing homes they are legally entitled to.

In recent years the percentage of people receiving free care has dropped, and some elderly people are being wrongly charged for their care which has resulted in their homes being sold.”
“A typical example of what is happening locally and nationally is where an elderly person has been admitted to hospital following a fall.
“What should happen is a Multi Disciplinary Meeting, involving close family, should be convened to discuss the health needs and future planning for the client. If the client needs appear to require substantial support a Continuing Healthcare Assessment (CHA) should be part of the meeting to decide if the person is entitled to NHS funding. “However what tends to happen is the hospital staff advise the relative that the patient needs to go into a care home as their needs have increased, and once they discover the patient owns their own home, the family are told they have to pay for care with no advice or mention of possible CHC funding.  Family then dispose of assets when possibly they had no need to.”“In recent years, despite government guidelines and numerous cases in the courts, people are still not receiving the free care in care or nursing homes they are legally entitled to.

In recent years the percentage of people receiving free care has dropped, and some elderly people are being wrongly charged for their care which has resulted in their homes being sold.”

“A typical example of what is happening locally and nationally is where an elderly person has been admitted to hospital following a fall.  What should happen is a Multi Disciplinary Meeting, involving close family, should be convened to discuss the health needs and future planning for the client. If the client needs appear to require substantial support a Continuing Healthcare Assessment (CHA) should be part of the meeting to decide if the person is entitled to NHS funding.”

“However what tends to happen is the hospital staff advise the relative that the patient needs to go into a care home as their needs have increased, and once they discover the patient owns their own home, the family are told they have to pay for care with no advice or mention of possible CHC funding.  Family then dispose of assets when possibly they had no need to.”

“Recently we were instructed by a gentleman who acts as an Attorney for an elderly relative, who had been assessed for CHC funding and refused.  We examined the Decision Support Tool document and recommended that the case go forward. “Once he had instructed us we completed our reports in conjunction with a medical professional and then presented the matter to the Appeals Panel Meeting which resulted in the client’s CHC decision being overturned and a refund of care home fees from that date of decision being refunded.  Our client said:  “Now that this matter is completed, I would like to thank WBW for the excellent professional advice and service you have given me. It wasn’t cheap, but a cheque for almost £24K and further potential annual saving in CHC cost of some £20K is a very good return on the investment. If only I could get such a good return on my own money!”

“Once he had instructed us we completed our reports in conjunction with a medical professional and then presented the matter to the Appeals Panel Meeting which resulted in the client’s CHC decision being overturned and a refund of care home fees from that date of decision being refunded.  Our client said:  “Now that this matter is completed, I would like to thank WBW for the excellent professional advice and service you have given me. It wasn’t cheap, but a cheque for almost £24K and further potential annual saving in CHC cost of some £20K is a very good return on the investment. If only I could get such a good return on my own money!”

“WBW can guide you through the CHC process and act as an advocate for the elderly person to ensure that the CHC process is engaged and carried out fairly and transparently.

“Even if funding is not achieved, the client’s health issues which may not be currently dealt with are highlighted and strategies are put in place to meet their needs.

“This could be, for example, a mental health assessment or an SALT (Speech and Language Assessment) put in place where the elderly person may have difficulty with swallowing food with resulting in weight loss.“Recently we were instructed by a gentleman who acts as an Attorney for an elderly relative, who had been assessed for CHC funding and refused.  We examined the Decision Support Tool document and recommended that the case go forward.  “Once he had instructed us we completed our reports in conjunction with a medical professional and then presented the matter to the Appeals Panel Meeting which resulted in the client’s CHC decision being overturned and a refund of care home fees from that date of decision being refunded.  Our client said:  “Now that this matter is completed, I would like to thank WBW for the excellent professional advice and service you have given me. It wasn’t cheap, but a cheque for almost £24K and further potential annual saving in CHC cost of some £20K is a very good return on the investment. If only I could get such a good return on my own money!”

“WBW can guide you through the CHC process and act as an advocate for the elderly person to ensure that the CHC process is engaged and carried out fairly and transparently.  Even if funding is not achieved, the client’s health issues which may not be currently dealt with are highlighted and strategies are put in place to meet their needs.

This could be, for example, a mental health assessment or an SALT (Speech and Language Assessment) put in place where the elderly person may have difficulty with swallowing food with resulting in weight loss.”

“Many clients and their families have contacted us after a CHC assessment has taken place as they have failed to gain funding. In these instances we can advise on Appeals and Complaints procedures and advise on whether the matter warrants pursuing.

We have access to independent medical professionals who can compile reports on our behalf which we then use to present the case as Advocates at the Appeal Panel Meeting.”

If you feel you would benefit from advice from Community Care Lawyers please contact me on 01626 202360.

We can also offer advice on financial planning and have an in house professional adviser who can discuss financial packages for care home fees planning.

www.wbw.co.u“Many clients and their families have contacted us after a CHC assessment has taken place as they have failed to gain funding. In these instances we can advise on Appeals and Complaints procedures and advise on whether the matter warrants pursuing.  We have access to independent medical professionals who can compile reports on our behalf which we then use to present the case as Advocates at the Appeal Panel Meeting.If you feel you would benefit from advice from Community Care Lawyers please contact me on 01626 202360.

We can also offer advice on financial planning and have an in house professional adviser who can discuss financial packages for care home fees planning.

For more information please visit www.wbw.co.uk