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Department of Health

Care Act 2014: How should local authorities deliver the care and support reforms? Please give us your views

The boundary with the NHS

In meeting an adult’s needs for care and support, or a carer’s needs for support, a local authority may not provide healthcare services which are the responsibility of the NHS.

The Act sets out the limits on what a local authority may provide by way of healthcare and so, in effect, sets the boundary between the responsibilities of local authorities for the provision of care and support, and those of the NHS for the provision of health care, and so also reflects the policy on the provision of NHS continuing healthcare. The Act is not intended, in effect, to change the current boundary between what the local authority may provide and what it is for the NHS to provide.

The draft guidance on integration, co-operation and partnerships covers:

  • the boundary between local authority care and support and NHS healthcare

The draft Care and Support (Provision of Health Services) Regulations 2014, cover:

  • identifying the clinical commissioning group from which a local authority must seek consent before it makes any arrangements that involve the provision of registered nursing care
  • local authority cooperation with NHS bodies in carrying out NHS continuing healthcare assessments
  • dispute resolution procedures about whether something should be provided by the NHS

Question 50: Is there any danger that the legal barrier could be interpreted as a barrier to integration? Are there specific examples where it would be helpful to clarify?

Read: guidance on integration, co-operation and partnerships The Care and Support (Provision of Health Services) Regulations 2014 Back to the boundary with the NHS

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