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Amendments to the Community Care (Delayed Discharges etc.) Bill

Community Care (Delayed Discharges etc.) Bill


AMENDMENTS
TO BE MOVED
IN COMMITTEE


 

Clause 1

 

THE EARL HOWE
THE BARONESS NOAKES

Page 1, line 14, after "receive)" insert "geriatric or acute"
 

Clause 2

 

THE EARL HOWE
THE BARONESS NOAKES

Page 2, line 6, leave out "considers" and insert "and the responsible authority consider"
Page 2, line 12, at end insert—
"(   )  Before giving the notice referred to in subsection (2) above, the responsible NHS body shall consult the patient and his carers, if he has any, in order to ascertain their views and preferences, and where informed consent is given, record that on the patient's file, or if a patient lacks the mental capacity to give such consent, record on the file what steps it has taken to ensure that the patient's best interests have been duly considered."
 

Clause 3

 

THE EARL HOWE
THE BARONESS NOAKES

Page 2, line 42, at end insert—
"(   )  Before making a decision under subsection (3), the responsible authority must—
(a)  consult the patient and his carer, if he has one;
(b)  inform them of the cost of the proposed care plans; and
(c)  obtain the consent of the patient and any carer, and where informed consent is given, record that on the patient's file, or if a patient lacks the mental capacity to give such consent, record on the file what steps it has taken to ensure that the patient's best interests have been duly considered."
Page 3, line 18, at end insert—
"(   )  The responsible NHS body and the responsible authority must take all reasonable steps to ensure that carers covered by subsection (5) above are aware of their rights to have their needs assessed under subsection (4)."
Page 3, line 22, after "body" insert "or responsible authority"
Page 3, line 26, leave out from first "body" to "provide" in line 27 and insert "must consider whether it or any other NHS body should"
Page 3, line 27, leave out "must consult" and insert "and must—
(a)  provide information about the patient to any other NHS body that the responsible NHS body considers should provide services to the patient; and
(b)  consult and agree with"
Page 3, line 29, at end insert—
"(   )  The responsible NHS body must take into account the views of the patient's carer, if he has one, before deciding what services (if any) it will make available following discharge."
Page 3, line 29, at end insert—
"(   )  The responsible NHS body must, before deciding what services (if any) it will make available following discharge, consult the patient, and where informed consent is given, record that on the patient's file or if a patient lacks the mental capacity to give such consent, record on the file what steps it has taken to ensure that the patient's best interests have been duly considered."
Page 3, line 31, at end insert "and must compensate it for any expenses which it incurs if the responsible NHS body fails to discharge the patient on that day"
Page 3, line 31, at end insert—
"(   )  The responsible NHS body must give the patient and his carer, if he has one—
(a)  notice of the day on which it proposes to discharge the patient, and where informed consent is given, record that on the patient's file, or if a patient lacks the mental capacity to give such consent, record on the file what steps it has taken to ensure that the patient's best interests have been duly considered, and
(b)  information about their right to request a review if they disagree with the decision to discharge."
Page 3, line 45, at end insert—
"(   )  The Secretary of State shall specify to the bodies charged with inspection of health and social services that they should monitor, at regular intervals, the impact of this Act on patients and their carers."
Page 3, line 45, at end insert—
"(   )  The Secretary of State shall report on an annual basis to Parliament on the outcomes of patients affected by this Act."
 

Clause 4

 

THE EARL HOWE
THE BARONESS NOAKES

Page 4, line 15, leave out "two days" and insert "three working days, excluding Saturdays, Sundays, bank holidays and public holidays"
Page 4, line 19, leave out ", and only because,"
Page 4, line 40, leave out subsection (8)
Page 5, line 12, leave out "responsible NHS body" and insert "Primary Care Trust and spent according to local decision"
Page 5, line 14, leave out subsection (10)
Page 5, line 15, at end insert—
"(   )  No such payments shall be made where the reason for the delayed discharge is not the responsibility of the responsible authority."
Page 5, line 15, at end insert—
"(   )  This section shall not come into force until 30 days after the Secretary of State has determined that the system of incentives within relevant NHS bodies operates to discourage NHS bodies from discharging patients prematurely."
 

Clause 6

 

THE EARL HOWE
THE BARONESS NOAKES

Page 5, line 28, "Authority" insert "and local authority"
Page 5, line 29, after "Board" insert "and local authority"
Page 5, line 29, leave out "a" and insert "an independent"
Page 5, line 34, leave out "a panel" and insert "an independent panel comprised, in equal proportions, of representatives from a Strategic Health Authority and from a local authority, with a wholly independent chairman."
Page 5, line 35, leave out "a" and insert "an independent"
Page 5, line 36, after "which" insert "independent"
Page 5, line 38, at end insert—
"(   )  If any regulations are made covering the matters referred to in subsection (2) above they shall include provisions requiring the panel in the case of any dispute to take into account the views of the patient and his carer, if any, or to satisfy itself that the views of the patient or his carer would have no bearing on the panel's findings."
Page 5, line 44, at end insert—
"(   )  Each independent panel shall publish annually the cost of dispute resolutions."
 

Clause 8

 

THE EARL HOWE
THE BARONESS NOAKES

Page 6, line 30, leave out from "instrument" to "House" in line 32 and insert "and any such instrument shall not be made unless a draft of the instrument has been laid before and approved by a resolution of each"
Page 6, line 32, at end insert—
"(   )  Any regulations made under this Part shall be drawn up in consultation with local government."
 

Clause 11

 

THE EARL HOWE
THE BARONESS NOAKES

Page 7, line 22, at end insert "; and
(c)  make it contingent on an assessment that continuing NHS health care is no longer required and that the patient has been informed of their review rights."
Page 7, line 34, leave out subsection (5) and insert—
"(   )  Any powers to make an order under this section shall be exercisable by statutory instrument, and no such instrument shall be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament."
 The above-named Lords give notice of their intention to oppose the Question that Clause 11 stand part of the Bill.
 

Clause 12

 

THE EARL HOWE
THE BARONESS NOAKES

Page 8, line 10, at end insert "following the patient being informed of the costs of services following this free period and an assessment made for continuing NHS health care and for community care services of that patient"
Page 8, line 21, leave out "of more than six weeks" and insert "outside of the time when the patient is assessed as being within the criteria for receiving services free of charge"
Page 8, line 38, at end insert ", save that the first such statutory instrument under this section shall not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament"
 

Clause 17

 

THE EARL HOWE
THE BARONESS NOAKES

Page 9, line 38, after "shall" insert "not"
Page 9, line 38, after "force" insert "until pilot schemes have been carried out for at least a six month period.
(   )  After the end of the period mentioned in subsection (2), Part 1 shall come into force"
 

After Clause 17

 

THE EARL HOWE
THE BARONESS NOAKES

Insert the following new Clause—
  "Duration
(   )  Subject to subsection (2), Part 1 of this Act shall cease to have effect at the end of five years beginning with the date on which it comes into force.
(   )  If the Secretary of State is satisfied that it is necessary for social services authorities to continue making payments in cases where the discharge of patients is delayed for reasons relating to the provision of community care services or services for carers, he may make an order providing that Part 1 of this Act shall continue in force for a further five years.
(   )  An order may not be made under subsection (2) unless a draft of that order has been laid before, and approved by resolution of, both Houses of Parliament."

 
 
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©Parliamentary copyright 2003
31 January 2003