The Responsibilities and Standing Rules, and Care and Support (Miscellaneous Amendments) Regulations 2018

Amendment of the National Health Service Commissioning Board and Clinical Commissioning Groups (Responsibilities and Standing Rules) Regulations 2012

2.—(1) The National Health Service Commissioning Board and Clinical Commissioning Groups (Responsibilities and Standing Rules) Regulations 2012(1) are amended as follows.

(2) In regulation 20 (interpretation), in paragraph (1), in the definition of—

(a) “Fast Track Pathway Tool”(2) for “28th November 2012” substitute “1st March 2018”;

(b) “flat rate payment” for “£155.05” substitute “£158.16”;

(c) “high band payment” for “£213.32” substitute “£217.59”;

(d) “National Framework”(3) for “28th November 2012” substitute “1st March 2018”;

(e) “nursing care by a registered nurse” (which is included in the definition of “nursing care”), for “section 49(2) of the Health and Social Care Act 2001” substitute “section 22(8) of the Care Act 2014”;

(f) “regulated activity” for “2010” substitute “2014”.

(3) In regulation 21 (duty of relevant bodies: assessment and provision of NHS continuing healthcare)—

(a) in paragraph (4)(a), for “28th November 2012” substitute “1st March 2018”(4);

(b) in paragraph (5)(a)(ii), for “28th November 2012” substitute “1st March 2018”(5);

(c) in paragraph (13), in the definition of “multi-disciplinary team”, in paragraph (b) for “persons for community care services” substitute “an adult’s needs for care and support”.

(4) In Schedule 4 (services for rare and very rare conditions)—

(a) after paragraph 20, insert—

“20A.   Alpha 1 antitrypsin services.”;

(b) after paragraph 36, insert—

“36A.   Clinical genomic services.”;

(c) after paragraph 57, insert—

“57ZA.   Gonadal tissue cryopreservation services for children and young people at high risk of gonadal failure due to treatment or disease.”;

(d) after paragraph 92, insert—

“92A.   Psychological medicine inpatient services for severe and complex presentations of medically unexplained physical symptoms.”;

(e) after paragraph 104, insert—

“104A.   Specialist adult haematology services.”;

(f) omit paragraph 112;

(g) after paragraph 140A, insert—

“140AA.   Termination services for expectant mothers with significant comorbidities that require either or both critical care and medical support.”.

(1)

S.I. 2012/2996.

(2)

The “Fast Track Pathway Tool” can be found at www.gov.uk/government/uploads/system/uploads/attachment_data/file/684827/NHS_continuing_healthcare_fast_track_pathway_tool_-_October_2018_revised.odt. Hard copies may be obtained from NHS Continuing Healthcare Team, 3rd Floor North, 39 Victoria Street, Westminster, SW1H 0EU.

(3)

The “National Framework for NHS Continuing Healthcare and NHS-funded Nursing Care” can be found at www.gov.uk/government/uploads/system/uploads/attachement_data/file/684817/National_Framework_for_CHC_and_FNC_-_October_2018_Revised.pdf. Hard copies may be obtained from NHS Continuing Heathcare Team, 3rd Floor North, 39 Victoria Street, Westminster, SW1H 0EU.

(4)

This provision amends the reference to the document called the “NHS Continuing Healthcare Checklist” so that it refers to the 2018 version of that document. The 2018 version can be found at www.gov.uk/government/uploads/system/uploads/attachment_data/file/684820/NHS_continuing_healthcare_checklist_-_October_2018_revised.odt. Hard copies may be obtained from NHS Continuing Healthcare Team, 3rd Floor North, 39 Victoria Street, Westminster, SW1H 0EU.

(5)

This provision amends the reference to the document called the “Decision Support Tool for Continuing Healthcare” so that it refers to the 2018 version of that document. The 2018 version can be found at www.gov.uk/government/uploads/system/uploads/attachement_date/file/684830/NHS_continuing_healthcare_decision_support_tool_-_October_2018_revised.odt. Hard copies may be obtained from NHS Continuing Healthcare Team, 3rd Floor North, 39 Victoria Street, Westminster, SW1H 0EU.