Health and Social Services
Patient Charges Report
August 18th 2014
2014 Entitlement to health CARE (“THE pOLICY”) – AMENDMENTS TO THE CLARIFICATION OF DEPENDANTS AND RHA RULES FOR VISITORS
- Purpose of Report
To recommend the Minister for the Health and Social Services Department approves the amendment to the Health and Social Services Residents and Non-Residents Charging Policy, incorporating ‘Registered Civil Partners’ into the recognised qualification criteria for the provision of treatment to residents and non-residents. The amendment to be effective from August 18th 2014.
- Background
The existing Health and Social Services Residents and Non-Residents Charging Policy came into effect on June 18th 2014, further amended with effect from June 23rd 2014, to align with new legislation under the Control of Housing and Work (Jersey) Law 2012 and the Long-Term Care (HSS Charges)(Jersey)Law 201-.
Further review of the Policy has highlighted an anomaly in which Registered Civil Partners are not acknowledged, in terms of ‘spouse’ qualification (Under Sections 1-4 of the Policy)
- Introduction
In drafting the Residents and Non-Residents Charging Policy, and considering the most recent amendments, the Health and Social Services Department has undertaken a protracted consultation and review exercise.
Following Executive and Ministerial approval of the Residents and Non-Residents Charging Policy, Patient Travel Policy and Charges Appeals Policy, (current version effective from June 23rd 2014) further discussions have highlighted an issue around fairness and equality for Registered Civil Partners.
In addition, more recent correspondence with the Department of Health in the UK has highlighted an anomaly in the interpretation of the ‘three month’ rule for visitors from and in Jersey. The current RHA defines the three-month rule for visitors as being three calendar months, and not the 90-day rule that has been applied in Jersey.
The Health & Social Services Department Resident and Non-Resident Charging Policy has, therefore, been further amended to clarify the position and ensure practice in Jersey is properly aligned to the existing RHA .
- Background:
The HSS Residents and Non-Residents Policy has been implemented to meet the needs of the Health and Social Services Department while a detailed review and drafting of a comprehensive States “Entitlement to Services Policy” – being led by the Central Policy Unit in the Chief Minister’s Department – is completed.
The Central Policy Unit Review and the drafting of a States “Entitlement to Services Policy” is likely to take several years to come to fruition and, as such, it is incumbent on the department to have in place an appropriate interim provision for dealing with issues relating to charging for services.
It is important to note that these policies are neither legal nor statutory documents and there is currently no legal foundation for all of the charges that have been put in place. However, like all Ministers, The Minister for Health and Social Services is mandated to make policy for charging for services within the department and, as such, these policies have been developed to support Ministerial direction on charging.
The following Policy document id attached to this report:
Residents & Non-residents Charging Policy – effective August 18th 2014
- Key area of change
AMENDMENT TO RESIDENTS AND NON-RESIDENTS CHARGING POLICY |
SECTION 2: THREE MONTH RULE FOR VISITORS TO JERSEY COVERED BY RHA |
Objective | To clarify the definition of ‘three months’ for visitors to and from Jersey, in the context of RHA provision of health care and treatment |
What | The Policy has been amended to properly reflect the terms of the existing RHA, in the context of a ‘three calendar months’ qualification period for health care and treatment for visitors to Jersey. The wording of the Policy has been amended accordingly and an additional section included to explain RHA rules. |
Why | There has been a difference in the interpretation of the ‘three month rule’ for UK Visitors to Jersey, which has had the potential to disadvantaged UK residents while visiting the Island. The wording of the existing RHA, however, clearly states that the period of qualification refers to ‘three calendar months’ . The amendment to policy has been made to ensure that the Health and Social Services Department is compliant with the interpretation of the RHA. |
SECTION 2: REGISTERED CIVIL PARTNERSHIPS |
Objective | To clarify the position relating to Registered Civil Partners, in the context of entitlement of dependants |
What | Registered Civil Partners and their dependent child(ren) acknowledged as dependents who would qualifying for eligibility access to free health care and treatment, under the rules incorporated under sections 1-4 of the Policy. |
Why | Current policy does not provide equal and fair recognition of Registered Civil Partners, and their child(ren), in the context of entitlement conferred on dependants |
APPENDICES: FLOWCHARTS |
Objective | To assist patients in determining eligibility criteria for access to free health care and treatment in Jersey for Residents and Non-residents |
What | A series of flowcharts highlighting eligibility criteria for residents and non-residents |
Why | Policy relating to Patient Charges is complex and, pending the work of the Central Policy Unit in establishing a standard set of criteria for eligibility to access States benefits across all departments, the flowcharts have been developed to give patients and their families a simple initial-assessment of likely eligibility in their own individual circumstances. |
- Recommendation
It is recommended that the Minister of Health and Social Services approves the amendments to the Residents and Non-Residents Charging Policy: Section 2: Registered Civil Partnerships, Section 2: Visitors to Jersey: RHA rules on three-month qualification period and the Appendices: Flowcharts on Eligibility Criteria, effective from August 18th 2014.
- Reason for Decision
The Policy has been amended to accommodate and clarify necessary changes to the rules governing the eligibility for access to free health care and treatment for residents and non-residents in Jersey.
- Resource Implications
None
- Consultation and Approval
The amended Residents and Non-Residents Charging Policy has been subject to internal consultation with the Hospital Director, Finance Department, Ministerial Team, Charges Appeals Panel and the Executive (Corporate Directors) Board.
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