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NHS AND LOCAL AUTHORITY RESPONSIBILITIES FOR CONTINUING HEALTHCARE AND SOCIAL CARE SERVICES

September 2005 posted by Denise Watling

The following paper was submitted by Mike Hurst of Personal Financial Planning Ltd.

Abstract
In the recent past, there has been a number of high profile court cases raising significant issues that personal injury lawyers need to grapple with when considering what care and accommodation provision is available for claimants, by statutory obligation, through the National Health Service (NHS) and Local Authorities.

The much publicised Coughlan case (R v North and East Devon Health Authority ex parte Pamela Coughlan EWCA 1871 1999) dealt with health service responsibility for continuing nursing care. More recently, Eagle v Chambers (EWCA Civ 1033 2004) emphasised that it is up to defendants to raise arguments and prove that, where the resources required to provide care are not available outside the NHS and they form part of a privately funded care regime being provided to a claimant, the defendant should not have to meet that particular element of cost. Similar arguments may also be raised where a claimant is likely to use NHS facilities and not privately funded services (see Woodrup v. Nicol (1993) and Lim Poh Choo v. Camden and Islington Area Health Authority 1980).

The recent Sowden and Crookdake cases (EWCA Civ 1370 2004) relate to care services that are being, or might be, provided to claimants by a Local Authority.

These cases raise many issues for claimants and defendants alike....


The complete paper can be accessed by following this link.

Further information:
Mike Hurst

Personal Financial Planning Limited
Centaur House
Hope Street
Sandbach
Cheshire
CW11 1BA

mike@pfp-planahead.co.uk
www.pfp-planahead.co.uk

Tel: 01270 759786
Fax: 01270 759787

What is Case Management? a literature review

August 2005: author Denise Watling.

Abstract
Aim
In the absence of a consensus on a definition or identification of a single model of case management this paper aims to identify common themes and core components of case management and explore a definition of case management utilising data from evidenced based research.
Background
Case management is now recognised as a valued process of care management. However, the definition and components of case management have been subjected to a variety of interpretations and there is much disagreement regarding its practice. As a result agencies have developed case management models that address a set of local issues.
Method
A literature review was undertaken and a critical discussion highlights the findings that should be considered when evaluating case management processes and efficacy.
Conclusion
Case management is a concept of dynamic processes that evolve to match patient needs with care and services within an organisational culture that spans a variety of care settings. Case management is defined as ‘a healthcare strategy that ensures the efficient assessment, coordination, and allocation of individualised care and services, facilitating improved standards of care, health education, and inter-sectoral collaboration, which empowers service users and increases their quality of life by preventing disease exacerbation, providing continuity of care and maximising self-care.’
Key Words: case management, care management, case management processes, literature review.

The complete paper can be accessed by following this link.

Further information:
Denise Watling

denise@cpims.com
Tel: 01704-500055


The 22nd Guttmann Lectures

July 2005 by Denise Watling.

The 22nd Guttmann Lectures were hosted by Pinderfields Regional Spinal Unit this year at the Frobisher Suite, Mill House, Wakefield. The topic this year was 'coming up for air'. Presentations and papers were submitted on the topic of respiratory health. To access a power point presentation on case management just follow this link.The supporting paper can be accessed by clicking here.


Regulation of Claims Management Companies

January 2005 from Chris Sheppard.

A national meeting of case acquirers, organised by the Claims Standards Council, will be held at the Motor Cycle Museum in Birmingham on Thursday 3rd February 2005, to discuss the framework for self-regulation in the personal injury sector.
Space will be limited and you are advised to book a place early by emailing your details to conference@claimscouncil.org. The cost is £100 plus VAT, including lunch. Please forward cheques to the CSC at:
69 Wigmore Street,
London W1U 1PZ.

The Claims Standards Council
69 Wigmore Street
London
W1U 1PZ

020 7486 6660

22nd November 2004 by Tony Burns-Howell
All acquirers of cases, Claims Management Companies (CMCs) and other stakeholders in the claims industry need to act now if they want a voice in how it is regulated.
In his recent speech the Lord Chancellor, Lord Falconer, accepted the recommendation of the Better Regulation Task Force that the claims industry should put in place a method of regulation, and have it approved by the OFT, by the end of 2005 or regulation would be imposed.
To assist the claims industry voluntarily to self-regulate and to demonstrate direct and public Government support of the activities of the CSC to become the Regulator, the Department of Constitutional Affairs is in the process of creating a Ministerial Committee. Chaired by Lord Lammy, the committee will include key stakeholders from the industry and will review the proposed rules and constitution currently being prepared by the CSC. In order to make its voice heard, the CSC will provide two or three members to the committee.
Given the very real threat of statutory regulation in the event that CMCs and other claims acquisition organisations are unable to demonstrate both a willingness and ability to self regulate, it is essential that the committee deliberations fully and adequately represent the views and concerns of CMCs and other stakeholders. In particular there is a need to ensure that the regulatory framework:
1. effectively assuages all of the concerns that have given rise to the clamour for regulation
2.obtains full buy-in from all stakeholders including Government
3. impact and costs are not excessive or anti competitive
4. provides a level playing field in relation to other stakeholders including brokers, insurers, lawyers and other regulators
5. is introduced over a clearly defined and phased time frame

Two issues arise here: 1. The CSC urgently needs help and input from CMCs to formulate self-regulation in a rather short timeframe rather than to simply wait for regulation to be imposed.
2. The CSC needs to provide a cohesive voice that fully represents the concerns and aspirations of its members and does so in a manner that counters unrealistic submissions from other members of the Ministerial Group.
The CSC already has a number of influential members, (access the claims council website here) but we need many more if we are to be taken seriously. I have invited Bob Gordon who as many of you know has long been associated with moves to enhance the image and working practices of the claims industry - to assist with these two key issues.
In particular he will be encouraging you to apply for membership of the CSC to give you an opportunity to influence your future. Second he will be seeking your thoughts and feedback on the attached draft Codes of Practice please see the note from Bob that is also attached.
Please do not hesitate to call either of us or to make contact:
Tony Burns-Howell abh@claimscouncil.org
Bob Gordon - 01939 261730 or bg@claimscouncil.org
BG Notes about code of practice (Word Document) 27kb.
CSC Consumer Code of Practice (Word Document) 41kb.


National Minimum Wage increases from 1st October 2004
23rd September 2004 by Denise Watling, RGN, Dip.HE.
The National Minimum Wage is getting higher The Government has announced an increase to the National Minimum Wage rates, which will take place on 1 October 2004. Main (adult) rate for workers aged 22 and over £4.85 per hour from 1 October 2004 (an increase from £4.50 an hour) Development rate for workers aged 18-21 inclusive £4.10 per hour from 1 October 2004 (an increase from £3.80 an hour) NB: The development rate can also apply to workers aged 22 and above during their first 6 months in a new job with a new employer and who are receiving accredited training. A new rate for 16 and 17 year olds The Government has accepted the Low Pay Commission's recommendations for a new rate for 16 and 17 year olds (above compulsory school leaving age).* £3.00 per hour from 1 October 2004 NB: 16 and 17 year old apprentices will be exempt from the new young workers rate. *Compulsory School Age In England and Wales: a person is no longer of compulsory school age after the last Friday of June of the school year in which their 16th birthday occurs. In Northern Ireland: a person is no longer of compulsory school age after the 30th June of the school year in which their 16th birthday occurs. In Scotland: pupils whose 16th birthday falls between 1st March and 30th September may not leave before the 31st May of that year. Pupils aged 16 on or between 1st October and the last day of February may not leave until the start of the Christmas holidays in that school year. For further information or if you think you are being underpaid, call the minimum wage helpline on 0845 6000 678.

Clinical Negligence & The Civil Procedure Rules
27th November 2003 by Paul Stewart-Davies LLM, Bsc, Dip N, RMN.
This paper analyses the impact of the Civil Procedure Rules on clinical negligence. An article of specific interest to the expert witness. To access the document just click on the links below.
Complete document 50kb
There is a discussion board on our forum for this publication please feel free to post your comments. Just follow the link to our Forum Board and open Nursing Experts and Case Managers.

The Human Rights Act 1998
20th November 2003 by Paul Stewart-Davies LLM, Bsc, Dip N, RMN.
This paper analyses the impact of the Human Rights Act 1998 on the mentally disordered offender with particular reference to those detained in private healthcare organisations. To access the document just click on the links below.
Abstract 12kb
Complete Document 300kb.


HSE 2003 Revised Edition of Accident Book
19th October 2003 DJW. There is a new format to the HSE Accident Book which was released in May 2003. The new book takes into account the requirements under the Data Protection Act 1998. Previous editions can still be used upto 31st December 2003. As from this date earlier editions must not be used. Further information can be accessed here.


Minimum Wage Hourly Rates Increase from 1st October
1st October 2003 DJW. The mimimum adult hourly wage has increased to £4.50. The youth rate increased to £3.80 an hour. These new rises came into force on October 1st 2003. Call the minimum wage helpline on 0845 6000 678 for more information.
Code of Practice
Further information regarding the Forum debate on the timing of expert witness reports. For the link for the CODE OF BEST PRACTICE ON REHABILITATION, EARLY INTERVENTION AND MEDICAL TREATMENT IN PERSONAL INJURY CLAIMS please click here.


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