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Health and Social Care (Community Health and Standards) Bill


Health and Social Care (Community Health and Standards) Bill
Part 3 — Recovery of NHS charges

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     (2)    The information may—

           (a)           be used for the purposes of, or for any purpose connected with, the

exercise of functions under this Part, and

           (b)           be supplied to a qualifying person for use for those purposes.

     (3)    In subsection (2), “qualifying person” means—

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           (a)           in the case of information held by the Secretary of State—

                  (i)                 a person providing services to the Secretary of State, or

                  (ii)                the Scottish Ministers or a person providing services to the

Scottish Ministers, or

           (b)           in the case of information held by a person providing services to the

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Secretary of State—

                  (i)                 the Secretary of State or another person providing services to

the Secretary of State, or

                  (ii)                the Scottish Ministers or a person providing services to the

Scottish Ministers.

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     (4)    Subsection (5) applies to information which is held—

           (a)           by the Secretary of State or the Scottish Ministers, or

           (b)           by a person providing services to the Secretary of State or the Scottish

Ministers in connection with provision of those services,

            for the purposes of, or for any purpose connected with, the exercise of

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functions under this Part.

     (5)    The information may—

           (a)           be used for the purposes of, or for any purpose connected with, the

exercise of functions under the Social Security (Recovery of Benefits)

Act 1997 (c. 27), and

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           (b)           be supplied to a qualifying person for use for those purposes.

     (6)    In subsection (5), “qualifying person” means—

           (a)           in the case of information held by the Secretary of State, a person

providing services to the Secretary of State,

           (b)           in the case of information held by the Scottish Ministers, the Secretary

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of State or a person providing services to the Secretary of State,

           (c)           in the case of information held by a person providing services to the

Secretary of State, the Secretary of State or another person providing

services to the Secretary of State,

           (d)           in the case of information held by a person providing services to the

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Scottish Ministers, the Secretary of State or a person providing services

to the Secretary of State.

Payments to hospitals or ambulance trusts

 153   Payment of NHS charges to hospitals or ambulance trusts

     (1)    If the Secretary of State receives or the Scottish Ministers receive a payment of

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relevant NHS charges under section 141(2)—

           (a)           if the payment relates only to NHS treatment received at a health

service hospital, he or they must pay the amount received to the

responsible body of the health service hospital,

 

 

Health and Social Care (Community Health and Standards) Bill
Part 3 — Recovery of NHS charges

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           (b)           if the payment relates only to the provision of NHS ambulance services,

he or they must pay the amount received to the relevant ambulance

trust,

           (c)           if the payment relates to NHS treatment received at more than one

health service hospital, he or they must divide the amount received

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among the responsible bodies of the hospitals concerned in such

manner as he considers or they consider appropriate,

           (d)           if the payment relates to NHS treatment received at one or more health

services hospitals and the provision of NHS ambulance services, he or

they must divide the amount received among the responsible body or

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bodies of the hospital or hospitals and any relevant ambulance trusts

concerned in such manner as he considers or they consider appropriate.

     (2)    Subsection (1) does not apply to any amount received by the Secretary of State

or the Scottish Ministers under section 141(2) which he is or they are required

to repay in accordance with regulations under section 144(2).

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     (3)    Regulations under this section may—

           (a)           make provision for the manner in which and intervals at which any

payments due under this section are to be made,

           (b)           make provision for cases where the responsible body of the health

service hospital or relevant ambulance trust concerned has ceased to

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exist (including provision modifying this Part).

     (4)    Any amounts received under this section by the responsible bodies of the

health service hospitals concerned must be used for the purposes of providing

goods and services for the benefit of patients receiving NHS treatment at those

hospitals.

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     (5)    Any amounts received under this section by the relevant ambulance trusts

concerned must be used for the purposes of NHS ambulance services.

     (6)    In this section—

                     “relevant ambulance trust”—

                  (a)                 in relation to England or Wales, means—

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                      (i)                     the National Health Service trust established under section

5 of the National Health Service and Community Care Act

1990 (c. 19), or

                      (ii)                    the NHS foundation trust,

                                      which is designated by the Secretary of State for the purposes of

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this section in relation to the health service hospital to which the

injured person was taken for treatment,

                  (b)                 in relation to Scotland, means the Special Health Board,

established under section 2(1)(b) of the 1978 Act, which is

designated by the Scottish Ministers for the purposes of this

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section in relation to the health service hospital to which the

injured person was taken for treatment;

                    “responsible body” has the meaning given in section 151(4).

Miscellaneous and general

 154   Regulations governing lump sums, periodical payments etc

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     (1)    Regulations may make provision (including provision modifying this Part)—

 

 

Health and Social Care (Community Health and Standards) Bill
Part 3 — Recovery of NHS charges

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           (a)           for cases to which section 141(2) applies in which two or more

compensation payments in the form of lump sums are made by the

same person in respect of the same injury,

           (b)           for cases to which section 141(2) applies in which an agreement is

entered into for the making of—

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                  (i)                 periodical compensation payments (whether of an income or

capital nature), or

                  (ii)                periodical compensation payments and lump sum

compensation payments,

           (c)           for cases in which the compensation payment to which section 141(2)

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applies is an interim payment of damages which a court orders to be

repaid.

     (2)    Regulations made by virtue of subsection (1)(a) may (among other things)

provide—

           (a)           for giving credit for amounts already paid, and

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           (b)           for the payment by any person of any balance or the recovery from any

person of any excess.

     (3)    Regulations may make provision modifying the application of this Part in

relation to cases in which a payment into court is made and, in particular, may

provide—

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           (a)           for the making of a payment into court to be treated in prescribed

circumstances as the making of a compensation payment,

           (b)           for application for, and issue of, certificates.

 155   Liability of insurers

     (1)    If a compensation payment is made in a case where—

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           (a)           a person is liable to any extent in respect of the injury, and

           (b)           the liability is covered to any extent by a policy of insurance,

            the policy is also to be treated as covering any liability of that person under

section 141(2).

     (2)    Liability imposed on the insurer by subsection (1) cannot be excluded or

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restricted.

     (3)    For that purpose excluding or restricting liability includes—

           (a)           making the liability or its enforcement subject to restrictive or onerous

conditions,

           (b)           excluding or restricting any right or remedy in respect of the liability,

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or subjecting a person to any prejudice in consequence of his pursuing

any such right or remedy, or

           (c)           excluding or restricting rules of evidence or procedure.

     (4)    Regulations may in prescribed cases limit the amount of the liability imposed

on the insurer by subsection (1).

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     (5)    This section applies in relation to policies of insurance issued before (as well as

those issued after) the date on which it comes into force.

     (6)    References in this section to policies of insurance and their issue include

references to contracts of insurance and their making.

 

 

Health and Social Care (Community Health and Standards) Bill
Part 3 — Recovery of NHS charges

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 156   Power to apply Part 3 to treatment at non-health service hospitals

     (1)    Regulations may make provision for this Part to apply, with such

modifications as may be prescribed, if—

           (a)           a person makes a compensation payment as mentioned in section

141(1)(a), but

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           (b)           the person to or in respect of whom the payment is made has—

                  (i)                 received treatment in respect of the injury at a qualifying

hospital under an NHS arrangement,

                  (ii)                been provided with NHS ambulance services as a result of the

injury for the purpose of taking him to a qualifying hospital for

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treatment under an NHS arrangement (unless he was dead on

arrival at that hospital), or

                  (iii)               received treatment as mentioned in sub-paragraph (i) and been

provided with NHS ambulance services as mentioned in sub-

paragraph (ii),

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                         (subject to subsection (2)).

     (2)    Subsection (1)(b) does not apply where the person to or in respect of whom the

payment is made receives, or is taken to a hospital for, treatment which would

be provided as mentioned in paragraph (a), (b) or (d) of section 141(5) if it were

provided at a health service hospital.

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     (3)    In subsection (1), “NHS arrangement” means an arrangement or agreement

between—

           (a)           the hospital in question or a body responsible for it, and

           (b)           any of the following—

                  (i)                 a Primary Care Trust,

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                  (ii)                a National Health Service trust established under section 5 of

the National Health Service and Community Care Act 1990

(c. 19) or section 12A of the 1978 Act,

                  (iii)               a Local Health Board,

                  (iv)                a Health Board or Special Health Board established under

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section 2 of the 1978 Act, or

                  (v)                 an NHS foundation trust.

     (4)    Regulations under subsection (1) may include provision excluding the

application of sections 157 to 159 of the Road Traffic Act 1988 (c. 52) in such

description of case as may be prescribed.

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     (5)    In this section “qualifying hospital” means a hospital (within the meaning of

section 128(1) of the 1977 Act or section 108(1) of the 1978 Act) which is not a

health service hospital.

 157   The Crown

This Part binds the Crown.

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 158   Regulations

     (1)    Any power to make regulations conferred by this Part is exercisable—

           (a)           in relation to England and Wales, by the Secretary of State; and

           (b)           in relation to Scotland, by the Scottish Ministers.

 

 

Health and Social Care (Community Health and Standards) Bill
Part 4 — Dental Services

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     (2)    Regulations under section 148(7) may only be made by the Scottish Ministers

with the consent of the Secretary of State.

 159   Interpretation of Part 3

In this Part—

                      “the 1978 Act” means the National Health Service (Scotland) Act 1978

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(c. 29);

                      “compensation payment” has the meaning given in section 141;

                      “health service hospital” means a health service hospital within the

meaning of the 1977 Act or the 1978 Act;

                      “injured person” has the meaning given in section 141(1);

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                      “NHS ambulance services” means ambulance services provided under

section 3(1)(c) of the 1977 Act or section 45 of the 1978 Act;

                      “NHS treatment” has the meaning given in section 141(5);

                      “prescribed” means prescribed by regulations.

 160   Consequential and minor repeals

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     (1)    The Road Traffic (NHS Charges) Act 1999 (c. 3) shall cease to have effect.

     (2)    In the Road Traffic Act 1988 (c. 52), in section 161(1), in the definition of

“hospital”, paragraph (b) is omitted.

Part 4

Dental Services

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 161   Provision of primary dental services

In the 1977 Act, after section 16C insert—

“Functions of Primary Care Trusts and Local Health Boards

       16CA               Primary dental services

           (1)           Each Primary Care Trust and Local Health Board must, to the extent

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that it considers it reasonable to do so, provide primary dental services

within its area, or secure their provision within its area.

           (2)           For the purposes of this section, a Primary Care Trust or Local Health

Board may (in addition to any other power conferred on it) provide

primary dental services itself.

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           (3)           Each Primary Care Trust and Local Health Board must publish

information about such matters as may be prescribed in relation to the

primary dental services for which it makes provision under this section.

           (4)           A body on which functions are conferred under this section must co-

operate with any other such body in the discharge of their respective

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functions under this section.

           (5)           Regulations may provide that services of a prescribed description are,

or are not, to be regarded as primary dental services for the purposes of

this Part.

 

 

Health and Social Care (Community Health and Standards) Bill
Part 4 — Dental Services

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           (6)           Regulations under subsection (5) may in particular describe services by

reference to the manner or circumstances in which they are provided.”

 162   Dental public health

     (1)    In the 1977 Act, after section 16CA (as inserted by section 161 above) insert—

       “16CB   Dental public health

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           (1)           A Primary Care Trust shall have such functions in relation to dental

public health in England as may be prescribed.

           (2)           A Local Health Board shall have such functions in relation to dental

public health in Wales as may be prescribed.

           (3)           The National Assembly for Wales shall have such functions in relation

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to dental public health in Wales as may be prescribed.

           (4)           The functions of a Primary Care Trust under this section may be

discharged—

                  (a)                 by the Trust itself;

                  (b)                 by the Trust and one or more other Primary Care Trusts acting

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jointly; or

                  (c)                 by any other person or body in accordance with arrangements

made by the Trust.

           (5)           The functions of a Local Health Board under this section may be

discharged—

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                  (a)                 by the Board itself;

                  (b)                 by the Board and one or more other Local Health Boards acting

jointly; or

                  (c)                 by any other person or body in accordance with arrangements

made by the Board.”

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     (2)    Section 5(1A) of the 1977 Act shall cease to have effect.

 163   General dental services contracts

     (1)    In the 1977 Act, after section 28J insert—

“General dental services contracts

       28K      General dental services contracts: introductory

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           (1)           A Primary Care Trust or Local Health Board may enter into a contract

under which primary dental services are provided in accordance with

the following provisions of this Part.

           (2)           A contract under this section is called in this Act a “general dental

services contract”.

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           (3)           Subject to any provision made by or under this Part, a general dental

services contract may make such provision as may be agreed between

the Primary Care Trust or Local Health Board and the contractor in

relation to—

                  (a)                 the services to be provided under the contract (which may

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include services which are not primary dental services),

 

 

Health and Social Care (Community Health and Standards) Bill
Part 4 — Dental Services

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                  (b)                 remuneration under the contract, and

                  (c)                 any other matters.

           (4)           In this Part, “contractor”, in relation to a general dental services

contract, means any person entering into the contract with the Primary

Care Trust or Local Health Board.

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       28L       Requirement to provide certain primary dental services

           (1)           A general dental services contract must require the contractor or

contractors to provide, for his or their patients, primary dental services

of such descriptions as may be prescribed.

           (2)           Regulations under subsection (1) may in particular describe services by

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reference to the manner or circumstances in which they are provided.

       28M       Persons eligible to enter into GDS contracts

           (1)           A Primary Care Trust or Local Health Board may, subject to such

conditions as may be prescribed, enter into a general dental services

contract with—

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                  (a)                 a dental practitioner;

                  (b)                 a dental corporation;

                  (c)                 two or more individuals practising in partnership where the

conditions in subsection (2) are satisfied.

           (2)           The conditions referred to in subsection (1)(c) in relation to a

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partnership are that—

                  (a)                 at least one partner is a dental practitioner, and

                  (b)                 any partner who is not a dental practitioner is either—

                        (i)                        an NHS employee,

                        (ii)                       a section 28C or section 17C employee,

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                        (iii)                      a health care professional who is engaged in the

provision of services under this Act, or

                        (iv)                       an individual who is providing services under a general

dental services contract or in accordance with section

28C arrangements or arrangements under section 17C of

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the National Health Service (Scotland) Act 1978, or has

so provided them within such period as may be

prescribed.

           (3)           Regulations may make provision as to the effect, in relation to a general

dental services contract entered into by individuals practising in

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partnership, of a change in the membership of the partnership.

           (4)           In this section—

                                  “dental corporation” means a body corporate which, in

accordance with the provisions of Part 4 of the Dentists Act

1984, is entitled to carry on the business of dentistry;

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                                  “health care professional” means a person who is a member of a

profession regulated by a body mentioned (at the time the

contract in question is entered into) in section 25(3) of the

National Health Service Reform and Health Care Professions

Act 2002;

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