If you (or a loved one) are paying to receive care then its worth stopping to consider whether you are paying care charges that the NHS should be funding.
NHS duty to fund healthcare
The NHS has a responsibility to fund healthcare needs and may therefore have a legal duty to refund any payments that have been incorrectly made for healthcare; including care home fees.
The cost of healthcare isn't means tested
People often assume that the cost of healthcare is means tested. This has resulted in families selling the family home to fund the cost of care. However, healthcare in the UK is not subject to a means test..
Continuing Healthcare Assessments
While a person's financial circumstances are relevant to funding the cost of care, an assessment of that person’s healthcare needs should also be carried out. This is known as a NHS Continuing Healthcare assessment or CHC, If the assessment confirms that the care home resident’s primary need is for 'healthcare', then they are entitled to have the full cost of their care funded by the NHS, irrespective of a person's ability to pay.
Flawed Healthcare Assessments
The CHC assessment process can often be flawed. Mistakes and errors can occur which result in residents personally paying care home fees that the NHS should have funded. It might also have an impact on the resident's eligibility for other benefits. If this has occur
Reviews and Appeals
We are able to assess whether you (or your loved one) are entitled to CHC. We can represent you in the assessment process. If you have already been through that process and CHC has been refused we may be able to appeal that decision or seek a review if your healthcare needs have changed. We can also reclaim care home fees where the resident has already passed away.
A local Devon & Somerset service
We have offices throughout Devon and Somerset and are well placed to pursue claims on behalf of local people. We can arrange for a CHC assessment to be undertaken and represent you (or your loved one) during the process.
Free initial guidance and No Win - No Fee funding
We offer free initial guidance on making a care home fees claim and can pursue the matter on a 'No Win - No Fee' basis.
Contact us today
For further details email solicitor Charlotte Mitchell at email@example.com or call us on 01823 354545.