The Care Standards Act 2000 (Establishments and Agencies) (Miscellaneous Amendments) Regulations 2006

Amendment of the Care Homes Regulations 2001

2.—(1) The Care Homes Regulations 2001(1) are amended in accordance with the following provisions of this regulation.

(2) In regulation 2 (interpretation), at the end of paragraph (1), add—

““working day” means any day other than a Saturday, a Sunday, Christmas Day, Good Friday or a day which is a bank holiday in England and Wales within the meaning of the Banking and Financial Dealings Act 1971.” .

(3) In regulation 5 (service user’s guide)—

(a) in paragraph (1), for sub-paragraph (b), substitute—

“(b) a description of the standard services offered by the care home to service users;

(ba) the terms and conditions (other than those relating to fees) in respect of the provision to service users of accommodation (including the provision of food), personal care and (if available) nursing care;

(bb) details of the total fee payable in respect of the services referred to in sub-paragraphs (b) and (ba) and the arrangements for the payment of such a fee;

(bc) the arrangements in place for charging and paying for any services additional to those mentioned in sub-paragraphs (b) and (ba);

(bd) a statement of whether any of the matters mentioned in sub-paragraphs (b) to (bc) would be different in circumstances where a service user’s care was being funded, in whole or in part, by a person other than the service user;”;

(b) in paragraph (2A)(2)—

(i) after “requests a copy of the service user’s guide,” insert “or an extract of any of the information contained within it,”,

(ii) in sub-paragraph (b), for “to that person.” substitute “of the guide or the extracted information, as applicable, to that person,”, and

(iii) at the end, add “in either case, within five working days of the request being received by the care home.”; and

(c) after paragraph (3), add—

“(4) In paragraph (1)(bb), “total fee payable” means the fee payable before account is taken of any nursing contribution, as defined in regulation 5A(6), which may be payable by a Primary Care Trust in respect of a service user.”.

(4) In regulation 5A (information about fees)(3)—

(a) omit paragraph (1);

(b) in paragraph (2), for “service user” in the first place where it occurs, substitute “person who becomes a service user on or after 1st September 2006”;

(c) in paragraph (3)—

(i) omit “at least one month in advance”, and

(ii) in sub-paragraph (a), at the end, add “, together with a statement of the reasons for such increase”;

(d) after paragraph (3), insert—

“(3A) Notification under paragraph (3) shall be given—

(a) if it is practicable to do so, at least one month in advance of the increase or variation concerned; or

(b) in any other case, as soon as it is practicable to do so.”; and

(e) in paragraph (4), at the beginning, insert “Where applicable,”.

(5) After regulation 5A, insert—

“Existing service users: transitory provisions

5B.— (1) For the purposes of this regulation, an existing service user is a service user who is accommodated in a care home immediately prior to 1st September 2006.

(2) Except where such information has already been provided, the registered person shall, no later than 1st October 2006—

(a) provide to each existing service user the information referred to in regulation 5A(2)(a) and (b);

(b) inform each existing service user as to whether a nursing contribution is paid in respect of nursing being provided to him at the care home; and

(c) where a nursing contribution is so paid, provide him with a statement specifying the information referred to in regulation 5A(5)(a) and (b), as modified in accordance with paragraph (3).

(3) The modifications referred to in paragraph (2)(c) are as if—

(a) in sub-paragraph (b)(i), for “is to pay” there were substituted “pays” and for “deduct” there were substituted “deducts”; and

(b) in sub-paragraph (b)(ii), “to be” were omitted.

(4) In this regulation, “nursing contribution” has the same meaning as in regulation 5A, subject to the omission of “to be”.”.

(6) For regulation 24 (review of quality of care), substitute—

“Quality of services

24.— (1) The registered person shall establish and maintain a system for evaluating the quality of the services provided at the care home.

(2) At the request of the Commission, the registered person shall supply to it a report, based upon the system referred to in paragraph (1), which describes the extent to which, in the reasonable opinion of the registered person, the care home—

(a) provides good quality services for service users;

(b) takes the views of service users and their representatives into account in deciding—

(i) what services to offer to them, and

(ii) the manner in which such services are to be provided; and

(c) has responded to recommendations made or requirements imposed by the Commission in relation to the care home over the period specified in the request.

(3) The report referred to in paragraph (2) shall be supplied to the Commission within one month of the receipt by the care home of the request referred to in that paragraph, and in the form and manner required by the Commission.

(4) The report shall also contain details of the measures that the registered person considers it necessary to take in order to improve the quality and delivery of the services provided in the care home.

(5) The system referred to in paragraph (1) shall provide for consultation with service users and their representatives.”.

(7) After regulation 24, insert—

“Improvement plan

24A.— (1) If requested to do so by the Commission, the registered person shall produce a plan (the improvement plan) setting out the methods by which, and the timetable to which, the registered person intends to improve the services provided in the care home.

(2) The registered person shall provide a written copy of the improvement plan to the Commission within one month of receipt of the request referred to in paragraph (1).

(3) A copy of the plan shall be made available to—

(a) service users and their representatives; and

(b) where children are accommodated in the care home, the parents of the children so accommodated and, in relation to those children, the placing authorities.”.

(8) For regulation 35 (review of quality of care), substitute—

“Assessment of quality of services

35.   Regulation 24 shall have effect as if—

(a) the system referred to in paragraph (1) of regulation 24 included monitoring at appropriate intervals the matters set out in Schedule 7; and

(b) in paragraphs (2)(b) and (5) of regulation 24, for “and their representatives” there were substituted “, their representatives, the parents of the children accommodated at the care home and, in relation to those children, the placing authorities.”.

(9) In regulations 36 and 43 (offences), after “5A” insert “5B,”.

(1)

S.I. 2001/3965. Relevant amending Regulations are S.I. 2002/865 and S.I. 2003/1703.

(2)

Paragraph (2A) of regulation 5 was inserted by S.I. 2003/1703, regulation 2.

(3)

Regulation 5A was inserted by S.I. 2003/1703, regulation 2.