Free NHS Health Care
If you have long term care needs you may receive care in your home or residential care arranged and funded by your local social services department or from the NHS. The crucial difference between social services care and NHS care is that NHS care is free, but social services care is means tested and you may have to pay for it with your own money.
In many cases it will be obvious whether the help you need is social services care or NHS care. However, if you have complex needs, the boundaries between “health care” and “social care” may not always be clear.
Your local Primary Care Trust is responsible for deciding whether or not yours is a “primary health need”. The law and procedures for deciding whether you have a “primary health need” are complicated, and Primary Care Trusts will sometimes reach the wrong decision. These decisions can be challenged if the Primary Care Trust followed the wrong procedures, or if they have simply made the wrong decision. A successful challenge of a Primary Care Trust’s decision can result in the patient receiving free NHS health care (sometimes known as continuing healthcare).
Examples of people who will have complex needs who may be unfairly refused free NHS care include:-
- people with cerebral palsy or learning disabilities
- people with spinal injuries or other physical disabilities
- people with dementia or Alzheimer’s disease
- anyone with long term and complex health needs
Our expert lawyers can advise you on your human rights and assist you in resolving a dispute, maximising your entitlement to free care or challenging any decision to refuse care.
Contact an expert here >
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