The Care and Support (Provision of Health Services) Regulations 2014

• Citation: S.I. 2014/2821
• Sections: 5

Section 1 Citation, commencement and interpretation

(1) These Regulations may be cited as the Care and Support (Provision of Heath Services) Regulations 2014 and come into force immediately after section 22(1) of the Care Act 2014 comes fully into force.

(2) In these Regulations—

“the Act” means the Care Act 2014;

...

“healthcare profession” means a profession which is concerned (wholly or partly) with the physical or mental health of individuals (whether or not a person engaged in that profession is regulated by, or by virtue of, any enactment);

“health service” means the health service continued under section 1(1) of the National Health Service Act 2006 ;

“local authority member” means a person appointed by NHS England pursuant to regulation 23(1)(b)(ii) of the Standing Rules Regulations;

“multi-disciplinary team” means a team consisting of at least—

two professionals who are from different healthcare professions, or

one professional who is from a healthcare profession and one person who is responsible for assessing persons who may have needs for care and support under Part 1 of the Care Act 2014;

“National Framework” means the National Framework for NHS Continuing Healthcare and NHS-funded Nursing Care issued by the Secretary of State and dated 1st March 2018 ;

“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;

“ NHS England ” means the body corporate established under section 1H of the National Health Service Act 2006;

“relevant body” means NHS England or an integrated care board ;

“review panel” means the panel of members referred to in regulation 23(4) of the Standing Rules Regulations;

“Standing Rules Regulations” means the National Health Service Commissioning Board and Clinical Commissioning Groups (Responsibilities and Standing Rules) (Responsibilities and Standing Rules) Regulations 2012 .

Section 2 Arrangements for the provision of nursing care by a registered nurse: responsible integrated care board

(1) For the purposes of section 22(4) of the Act , the integrated care board from which a local authority must obtain consent for it to arrange for the provision of nursing care by a registered nurse in respect of any person is the responsible integrated care board .

(2) The responsible integrated care board in respect of any person is the integrated care board which has responsibility for arranging for the provision of nursing care by a registered nurse in respect of that person, pursuant to the provisions of section 3(1), (1A) and (1E) of the National Health Service Act 2006 and any regulations made under section 3(1B) or (1D) of that Act .

Section 3 Requirements on local authorities: joint working with relevant bodies

(1) A local authority must, as far as is reasonably practicable, provide advice and assistance to a relevant body which consults it pursuant to regulation 22(1)(a) of the Standing Rules Regulations (duty of relevant bodies: joint working with social services authorities).

(2) A local authority must, when requested to do so by a relevant body, co-operate with that body in arranging for a person or persons to participate in a multi-disciplinary team for the purposes of that body fulfilling its duty under regulation 21(5) of the Standing Rules Regulations (duty of relevant bodies: assessment and provision of NHS Continuing Healthcare ).

(3) Nothing in this regulation affects a local authority’s duty to carry out an assessment of a person’s needs for care and support pursuant to section 9 of the Act (assessment of an adult’s needs for care and support), and if it has carried out such an assessment, it must use the information obtained as a result of that assessment, so far as it is relevant, to comply with its duty under paragraph (1).

(4) In complying with its obligations under this regulation, a local authority must have due regard to the need to promote and secure the continuity of appropriate services for persons—

(a) whose care and support needs are being met under Part 1 of the Act or who are being provided with aftercare under section 117 of the Mental Health Act 1983 on the date on which they are found to be eligible to receive NHS Continuing Healthcare;

(b) who have been in receipt of NHS Continuing Healthcare but are determined to be no longer eligible for NHS Continuing Healthcare; or

(c) who are otherwise determined to be ineligible for NHS Continuing Healthcare.

(5) Where, pursuant to regulation 24(1) of the Standing Rules Regulations (appointment and term of appointment), NHS England requests that a local authority nominates a person to be appointed as a local authority member of a review panel, the local authority—

(a) must nominate such a person as soon as is reasonably practicable; and

(b) must ensure that local authority members are, so far as is reasonably practicable, available to participate in review panels.

Section 4 Requirements on local authorities: dispute resolution

Where there is a dispute between a relevant body and a local authority about—

(a) a decision as to eligibility for NHS Continuing Healthcare; or

(b) the contribution of a relevant body or local authority to a joint package of care for a person who is not eligible for NHS Continuing Healthcare,

the local authority must, having regard to the National Framework , agree a dispute resolution procedure with the relevant body, and resolve the dispute in accordance with that procedure.

Section 5 Transitional provisions

(1) This paragraph applies in a case where, immediately before the coming into force of these Regulations, a local authority—

(a) was, in accordance with any directions issued in exercise of the powers conferred by section 7A of the Local Authority Social Services Act 1970 —

(i) providing advice and assistance to a relevant body which had consulted it pursuant to regulation 22(1)(a) of the Standing Rules Regulations (duty of relevant bodies: joint working with social services authorities); or

(ii) cooperating with a relevant body in arranging for a person to participate in a multi-disciplinary team for the purposes of that body fulfilling its duty under regulation 21(5) of the Standing Rules Regulations (duty of relevant bodies: assessment and provision of NHS Continuing Healthcare);

(b) was in receipt of a request from NHS England , pursuant to regulation 24(1) of the Standing Rules Regulations (appointment and term of appointment), that it nominate a person to be appointed as a local authority member of a review panel but had not yet nominated such a person; or

(c) was in dispute with a relevant body about—

(i) a decision as to eligibility for NHS Continuing Healthcare; or

(ii) the contribution of a relevant body or local authority to a joint package of care for a person who is not eligible for NHS Continuing Healthcare,

and had either not yet agreed a dispute resolution procedure with the relevant body, in accordance with any directions issued in exercise of the powers conferred by section 7A of the Local Authority Social Services Act 1970, or had agreed such a dispute resolution procedure with the relevant body but had not yet resolved the dispute in accordance with that procedure.

(2) Where—

(a) paragraph (1)(a) applies, the local authority is required to continue providing advice and assistance to the relevant body or cooperating with the relevant body as though such obligation had arisen under these Regulations;

(b) paragraph (1)(b) applies, the local authority is required to nominate a person to be appointed as a local authority member of a review panel as though the obligation to nominate such a person had arisen under these Regulations;

(c) paragraph (1)(c) applies, the local authority is required to—

(i) if necessary, agree a dispute resolution procedure, and

(ii) resolve the dispute in accordance with any procedure agreed with the relevant body,

as though the obligation to agree such procedure and to resolve the dispute had arisen under these Regulations.