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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 FINLAY OF LLANDAFF

Page 1, line 12, after "hospital" insert "or hospice"
 

Clause 2

 

THE BARONESS BARKER
THE LORD CLEMENT-JONES

Page 2, line 9, after "body" insert "having obtained the consent of the patient and, where appropriate, his carer"
Page 2, line 10, leave out from "authority" to "in" in line 11
Page 2, line 13, at end insert "which must be in writing"
Page 2, line 19, after first "the" insert "written"
Page 2, line 22, at end insert—
"(   )  the written form in which notices may be withdrawn"
 

THE BARONESS FINLAY OF LLANDAFF

Page 2, line 28, at end insert "; or
(c)  if the hospice concerned has arrangements for NHS patients, the hospice management authority"
 

Clause 3

 

THE BARONESS BARKER
THE LORD CLEMENT-JONES

Page 2, line 37, after "must" insert "with the consent of the patient"
 

THE BARONESS FINLAY OF LLANDAFF

Page 2, line 39, after "services" insert "or community health services (or both)"
Page 2, line 41, after "body" insert "or hospice management authority"
 

THE BARONESS BARKER
THE LORD CLEMENT-JONES

Page 2, line 42, leave out "make available" and insert "commission"
Page 2, line 44, after "(5)," insert "having informed the carer of their right to an assessment under section 2 of the Carers and Disabled Children Act 2000 (c. 16) (services for carers)."
Page 3, line 6, leave out "made available to" and insert "commissioned for"
Page 3, line 9, leave out "make available to" and insert "commission for"
Page 3, line 10, at end insert "(and having been so informed by the responsible authority)"
 

THE BARONESS FINLAY OF LLANDAFF

Page 3, line 22, after "body" insert "or hospice"
Page 3, line 24, leave out "may" and insert "or hospice shall"
Page 3, line 26, after first "body" insert "or hospice"
Page 3, line 29, at end insert—
"(   )  The responsible NHS body must ensure that the carer (or carers) providing any part of the patient's care as outlined in the discharge plan are assessed for and, as needed, instructed in safe lifting and handling techniques before the discharge notice becomes valid."
 

Clause 4

 

THE BARONESS BARKER
THE LORD CLEMENT-JONES

Page 4, line 15, at end insert "except in cases where discharge is to a registered nursing home or residential home when the period shall be at least five days."
 

THE BARONESS FINLAY OF LLANDAFF

Page 4, line 23, at end insert—
"(   )  Subsection (4) shall not have effect where the delayed discharge is solely due to the non-arrival or delay in arrival of ambulance transport."
Page 4, line 23, at end insert—
"(   )  Subsection (4) shall not have effect unless the responsible authority has been responsible for either—
(a)  one delayed discharge of more than two weeks, or
(b)  two delayed discharges of up to one week each
  in the six month period preceding the relevant day in subsection (4).
 

THE BARONESS BARKER
THE LORD CLEMENT-JONES

Page 4, line 25, leave out "made available" and insert "commissioned"
Page 4, line 28, leave out "made available" and insert "commissioned"
 

THE BARONESS FINLAY OF LLANDAFF

Page 4, line 35, after "body" insert "or hospice"
 

After Clause 4

 

THE BARONESS BARKER
THE LORD CLEMENT-JONES

Insert the following new Clause—
  "Recourse to independent advocacy by patient on discharge
  Where it is proposed to discharge a patient on the basis of an assessment of risk to safety but with no assessment of other needs having been undertaken, the responsible authority shall ensure that the patient has recourse to an independent advocate."
 

Clause 7

 

THE BARONESS BARKER
THE LORD CLEMENT-JONES

Page 6, line 19, at end insert—
"(d)  to recover from the responsible NHS body expenditure incurred as the responsible authority for a patient's case in the performance of functions wrongly required of the social services department under section 2(1)(b)."
Page 6, line 20, leave out from "Part" to end of line 21
 

Clause 9

 

THE BARONESS FINLAY OF LLANDAFF

Page 6, line 38, at end insert—
 ""hospice" has the meaning of a place dedicated to the provision of palliative care which may be managed by either the voluntary sector or the NHS;"
 

Clause 12

 

THE BARONESS BARKER
THE LORD CLEMENT-JONES

Page 8, line 20, leave out subsection (4) and insert—
"(4)  The regulations may not require that the costs of accommodation and living costs (excluding the care costs of the kind referred to in subsection (1) and Schedule (Social Care not ordinarily charged for)) referred to in subsection (3)(a) are to be free of charge for a period exceeding six weeks."

 
 
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©Parliamentary copyright 2003
7 February 2003