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Continuing NHS Care

Mr. Burstow: To ask the Secretary of State for Health (1) what steps he is taking to ensure that health authorities comply with guidance issued in booklet 252535 that a written care plan is to be given to patients or the family before they move out of an NHS hospital to a nursing home; [87543]

(2) what steps he is taking to ensure, that strategic health authorities should determine whether there were patients who were wrongly refused funding for continuing care and make the necessary arrangements for reimbursing the costs they incurred unnecessarily and that health trusts reimburse self-funders and social services for costs incurred unnecessarily by social services clients and self-funding care home residents; [87546]

(3) if he will revise the paragraph, continuing NHS Health Care, in booklet 25253 to take account of R (Coughlan) v. N & E Devon HA CA July, 1999 and the Health Ombudsman's report E.208/99–00; [87541]

(4) what steps he is taking to ensure that health authorities and primary care trusts comply with guidance issued in the circular of 25 September HSC 2001/17: LAC (2001)26, page 31; [87542]

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(5) what steps he is taking to ensure that health authorities and primary care trusts follow the Health Ombudsman's recommendations in her report E.208/99–00, that the new authority should review the eligibility criteria for funding continuing care to ensure that they are in line with the Coughlan judgment and other relevant guidance; [87544]

(6) what steps he is taking to ensure that health authorities and primary care trusts follow the Health Ombudsman's recommendations in her report E.208/99–00 that the strategic health authorities should determine whether there were any patients who were wrongly refused funding for continuing care and make the necessary arrangements for reimbursing the costs they incurred unnecessarily; [87545]

(7) what steps he is taking to ensure that health authorities and primary care trusts follow the health ombudsman's recommendations in her report E.208/99–00, that assessments of eligibility should include why the patient is considered to meet, or not to meet, all the criteria. [87540]

Jacqui Smith [holding answers 17 December 2002]: The Ombudsman's report referred to has not been published. It is therefore not possible to comment on the contents.

However, health authorities and subsequently strategic health authorities (StHAs) have reviewed their local criteria in line with the judgement in North and East Devon Health Authority ex parte Coughlan. The chief executive wrote to national health service chief executives about NHS continuing care over the summer. In the light of an earlier Ombudsman's case where an individual had been denied funding, he reminded them of the need to ensure that previous eligibility criteria did not deny patients NHS funded care to which they were entitled. In that case, the Ombudsman recommended that the eligibility criteria that had been in operation by the authority since April 1996 should be reviewed and that reimbursement of costs should be made to any patients found to have been refused funding incorrectly. StHAs have been asked to consider whether criteria in their area were at similar fault and whether other patients were also denied NHS funding of their care. The Department will be monitoring this as part of the process of reviewing StHA's criteria.

The Department does not consider there is any need to amend the wording of Appendix 6 of HSC 2001/17: LAC (2001) 26.

The leaflet, XNHS Funded Nursing Care—What it Means for You", is a guide to people living in or going into a care home providing nursing care, their families and carers. It is not statutory guidance. Separate guidance on the single assessment process asked the NHS and councils to carry out a joint, comprehensive old age assessment when individuals enter care homes or receive other intensive packages of care as part of continuing care, intermediate care or NHS funded nursing care. Local implementation teams for the national service framework for older people, covering all primary care trusts and councils, are required to oversee implementation of this guidance by April 2004.

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Correspondence

Mr. Kaufman: To ask the Secretary of State for Health when he intends to reply to the letter to him dated 31 October 2002 from the right hon. Member for Manchester, Gorton with regard to Andrew Evans. [86658]

Mr. Milburn: A reply was sent to the right hon. Member on 19 December 2002.

Denturism

Richard Ottaway: To ask the Secretary of State for Health when the legislative process for the legalisation of denturism will be completed; when he last met the General Dental Council to discuss this; and if he will make a statement. [87158]

Mr. Lammy: The Government plan to publish draft legislation reforming the regulation of dentistry in 2003. It is now discussing with interested groups in what form this legislation should provide for clinical dental technicians, or denturists, to undertake the practice of dentistry. I last met the president and registrar of the General Dental Council on 31 July when our discussions included the modernisation of the regulation of dentistry.

Christmas Expenses

Mr. Djanogly: To ask the Secretary of State for Health how much will be spent on (a) entertaining, (b) Christmas decorations and (c) other festive activities this Christmas season by his Department and Government agencies answerable to his Department; and of this sum, how much will be spent in Ministers' (i) private offices and (ii) official residences. [88135]

Mr. Lammy: This information cannot be provided without disproportionate cost. Any expenditure incurred on entertaining, decorations and other festive activities is strictly for official purposes only, and is made in accordance with departmental guidance on financial procedures and propriety, based on the principles set out in XGovernment Accounting".

Electronic Patient Records

Dr. Murrison: To ask the Secretary of State for Health which NHS Trusts in the south west have introduced electronic patient records. [88006]

Ms Blears: There are no trusts in the south west which have fully introduced electronic patient records although most are in the process of implementation.

EU Food Supplements Directive

Chris Grayling: To ask the Secretary of State for Health what powers the Government has to modify the implementation plans for the EU Food Supplements Directive. [88183]

Ms Blears: The EU Food Supplements Directive came into force on 12 July 2002. The Government is not in a position to modify the timing of implementation, which is set out in Article 15 of the Directive. The Food Standards Agency, on behalf of the Government, is currently consulting on draft implementing Regulations, which are required to be in place by 31 July 2003.

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Article 4(6) of the Directive enables member states to allow extended transitional arrangements in some circumstances; the draft Regulations would take advantage of this provision. Article 10 enables member states to require notification of products; the draft Regulations would not introduce a notification system.

Food Imports (Banned Substances)

Mr. Wyatt: To ask the Secretary of State for Health if he will make a statement on food imports which contain substances banned by the EU. [87119]

Ms Blears [holding answer 16 December 2002]: I am advised by the Food Standards Agency that checks are carried out by local authorities and port health authorities on imported food from non-European Union countries to ensure compliance with the EU veterinary checks regime for food products of animal origin and under United Kingdom national legislation for food products of non-animal origin. In particular checks are made to ensure that where substances are specifically banned by EU legislation, appropriate action is taken to prevent them entering the human food chain.

Food Supplements

Chris Grayling: To ask the Secretary of State for Health if he will list the food supplements accepted as safe by the Food Standards Agency that will become illegal under EU law during 2003. [88176]

Ms Blears: There is no requirement under current United Kingdom legislation for food supplements to be assessed for safety before being placed on the market. As for other foods, the onus is on manufacturers to comply with food safety legislation, which is enforced by local authorities.

Directive 2002/46/EC on Food Supplements, which came into force on 12 July 2002, will, after a transitional period, require prior assessment of vitamin and mineral sources used in these products. Member states are obliged to transpose it into national legislation by 31 July 2003. The Food Standards Agency is currently consulting on draft implementing Regulations.

Implementation of the Directive will not immediately outlaw any products already on the UK market. The impact of the Directive on the future availability of products currently on the market will depend upon future developments on lists of permitted nutrients and on maximum levels of nutrients in food supplements.

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