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A guide to the law on NHS continuing care and NHS funded nursing care

This Guide is divided into the following sections:

1. What is NHS Continuing Healthcare (“CHC”)?

2. A brief history of government policy concerning CHC.

3. The legal basis for the provision of NHS Continuing Care.

4. Who qualifies for CHC?

5. NHS Funded Nursing Care.

6. The relationship between NHS and local authority funded services.

7. Reviews and appeals to NHS England by patients or relatives on eligibility grounds.

8. Resolving disputes with local authorities (including interim funding).

9. What package of services is a patient entitled to if they do qualify for CHC?

10. Contracting with care homes and other providers of care under CHC.

11. Direct Payments for CHC patients.

12. Providing a care package into a patient’s home.

13. Support for patients who do not qualify for CHC or NHS funded care.

14. Cost sharing arrangements with local authorities outside CHC.

15. Review of CHC eligibility decisions.

16. Guidance for Special Cases:
a. Children
b. Patients leaving acute in-patient care
c. Patients with learning difficulties
d. Former long stay patients
e. Patients leaving mental health care – section 117 of the Mental Health Act 1983.

17. Which CCG is the Responsible Commissioner for NHS Continuing Care?