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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 BARONESS BARKER
THE LORD CLEMENT-JONES

Page 1, line 15, at end insert "which shall specify the circumstances in which a patient is or may become regarded as a self funder"
 

Clause 2

 

THE BARONESS BARKER
THE LORD CLEMENT-JONES

Page 2, line 12, at end insert—
(2A)  Further to the fulfilment of the requirements under subsection (1)(a) and (b) a single assessment process shall be undertaken to include—
(a)  assessment of entitlement for continuing care in pursuance of statutory responsibilities under the National Health Service Act 1977 (c. 49);
(b)  assessment of entitlement to NHS funded nursing care pursuant to section 49 of the Health and Social Care Act 2001 (c. 15) (nursing care);
(c)  assessment of the local authorities' duties under section 47(1) of the National Health Service and Community Care Act 1990 (c. 19) (assessment of needs for Community Care Services);
(d)  a joint aftercare plan for the provision of relevant health and community care services following the day of discharge for an agreed period, including ensuring that general practitioners receive written discharge summaries promptly so that they are aware of their patients' needs in the community;
(e)  a single information-gathering process regarding the patient's needs, no matter that the assessment and subsequent care planning and service delivery involves a number of professionals and agencies, whereby each patient is informed of, and consents to, information about their needs and circumstances being collected and shared, and with key decisions and issues to be copied in writing, or other appropriate formats, to the patient;
(f)  a duty on the professionals undertaking the assessment to work together in the best interests of the patient, as defined by the patient or those close to him;
(g)  consideration of the patient's views and wishes and external or environmental factors that are causing or exacerbating needs, including not only health and social care issues but also relevant housing, benefits, transport and other issues, the depth and detail of the assessment to be proportionate to the individual's needs;
(h)  the results of any assessment undertaken of the carer's ability to provide and continue to provide care for the patient under the Carers (Recognition and Services) Act 1995 (c. 12) or the Carers and Disabled Children Act 2000 (c. 16), or both."
 

Clause 6

 

THE BARONESS BARKER
THE LORD CLEMENT-JONES

Page 5, line 29, leave out "a" and insert "an independent"
 

Clause 9

 

THE BARONESS BARKER
THE LORD CLEMENT-JONES

Page 6, line 34, at end insert—
 ""assessment" under section 3(3) shall be taken to include the following steps—
(a)  assessment of entitlement for continuing care in pursuance of statutory responsibilities under the National Health Service Act 1977 (c. 49);
(b)  assessment of entitlement to NHS funded nursing care pursuant to section 49 of the Health and Social Care Act 2001 (c. 15);
(c)  assessment of the local authorities' duties under section 47(1) of the National Health Service and Community Care Act 1990 (c. 19);
(d)  provision of a joint aftercare plan for the provision of relevant health and community care services following the day of discharge for an agreed period including ensuring GPs receive written discharge summaries promptly so that they are aware of their patient's needs in the community;
(e)  a single information-gathering process regarding the patient's needs, notwithstanding that the assessment and subsequent care planning and service delivery involves a number of professionals and agencies, whereby each patient is informed of, and consents to, information about their needs and circumstances being collected and shared, and with key decisions and issues being copied in writing, or other appropriate formats, to the patient;
(f)  compliance with a duty on the professionals undertaking the assessment to work together in the best interests of the patient, as defined by the patient or those close to him;
(g)  consideration of the patient's views and wishes and external or environmental factors that are causing or exacerbating needs, including not only health and social care issues, but also relevant housing, benefits, transport and other issues, the depth and detail of the assessment to be proportionate to an individual's needs, and the informed consent of the patient to be obtained;
(h)  an assessment being undertaken of the carer's ability to provide and continue to provide care for the patient under the Carers (Recognition and Services) Act 1995 (c. 12) or the Carers and Disabled Children Act 2000 (c. 16), or both;
 

Before Clause 12

 

THE BARONESS BARKER
THE LORD CLEMENT-JONES

Insert the following new Clause—
  "Personal Care
  Local authorities are not to charge for care, if that care is—
(a)  personal care defined in section 121(9) of Care Standards Act 2000 (c. 14) (general interpretation etc.) as assistance in connection with bodily functions—
(b)  nursing care, whether or not from a registered nurse, and
(c)  the care of a kind mentioned in Schedule 1 (Social care not ordinarily charged for) to this Act."

 
 
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©Parliamentary copyright 2003
6 February 2003