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Latest News - May 2010

Care Home Fees and the New Government

Following the election in May 2010 the Government has said it will review long term care funding. The Conservative-Liberal Democrat coalition deal, published 20 May 2010 says:

"We will establish a commission on long-term care, to report within a year. The commission will consider a range of ideas, including both a voluntary insurance scheme to protect the assets of those who go into residential care, and a partnership scheme as proposed by Derek Wanless."

"We will break down barriers between health and social care funding to incentivise preventative action."

It seems highly likely that the burden will remain on the individual for paying for social care. The commitment to a commission is made in the 'social care' section of the policy document, which suggests NHS funding for care home fees will not be reviewed but it is not clear what breaking down barriers between health and social care funding might entail.

The relationships between health and social care funding has historically caused problems and a few years ago law was introduced to prevent bed blocking and to set out safe discharge and assessment procedures. Some patients and disabled people with health needs still become stuck, though, between local authorities and health trusts even though there should be protocols in place for resolving disputes over which public body should pay for care and to make sure those do not affect care provision.

An ongoing and worrying trend is described by Jamie Buchan (Chief Exec of Southern Cross Healthcare Group) in Jeremy Dunning's article on communitycare.co.uk that says care home earnings are:

"down for the full year as a result of local authorities agreeing a rise in fees of 1%, while the care home sector says this does not take into account rises in the cost of living. This is frankly an historical problem, but it appears to be getting worse due to the recession and threatened cuts. Southern Cross recently overtook BUPA as the largest provider of residential healthcare for the elderly and if it is struggling what does that say for the rest of the market? It is trying to get around this through its New Horizons efficiency programme and by attracting more self-funders instead of having to rely so much on local authority budget holders."

Common sense says that some care homes will also increase private rates to make up the short fall in places paid for by local authorities.

Maxwell Gillott's work on continuing care health funding appeals enables people to recover care home fees they have paid when they should have received NHS funding.

If you need legal advice in relation to reclaiming care home fees then get in touch on: 01524 596080 or email: office@mglaw.co.uk.

To find out more about how we can help you, please contact Maxwell Gillott Solicitors.
Maxwell Gillott Solicitors

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Tel: 01524 596080
Email: office@mglaw.co.uk
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