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Overseas Visitors Policy Unit Department of Health

2011 Regulations

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Overseas Visitors Policy Unit Department of Health

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    1. Overseas Visitors Policy Unit Department of Health David Pennington – Head Craig Keenan * Helen Masding Helen Clark

    2. 2011 Regulations & Guidance Craig Keenan Overseas Visitors Policy Unit Department of Health

    3. Progress to date Government responded in March to the previous Government’s consultation that ran in 2010 Agreed to adopt proposals within that consultation, including to bring into force tidied and updated regulations and accompanying guidance Immigration sanctions for NHS debtors At same time announced there would be a further, wider review

    4. 2011 Regulations Consolidated and updated, but also amended: Section 4 or 95 supported failed asylum seekers Children in care of Local Authority Period of absence from UK extended from up to 3 months to up to 6 months a year Olympic/Paralympic Games Members Pandemic ‘Flu ‘Easement Clause’

    5. 2011 Guidance Significantly updated and expanded, including: Detailed advice on when to provide treatment to those who can’t pay What to do when patient is from Europe – EHIC etc Pre-attendance form A&E, inter-trust referrals etc OsVAG consulted during drafting process

    6. Other Issues – NHS Debtors Home Office expected to introduce new rules in the next few weeks Finalising procedures on how to share data, eg data protection, NHS confidentiality and equality duties. We will update guidance on procedures and requirements on sharing the data Unlikely will take effect in England before the end of this year Recent survey – thanks!

    7. Other issues - Libya The UK has agreed to take up to 50 patients from Libya This will be NHS treatment but Libya will pay [to add]

    8. Review of NHS Charges for Overseas Visitors Craig Keenan & Helen Masding Overseas Visitors Policy Unit Department of Health

    9. Context Previous review – which led to the recent consolidated Regulations and Guidance – was limited This Government announced in March a wide ranging review of charging overseas visitors Existing system “too complex, generous and inconsistently applied” System must strike right balance of fairness and affordability, while respecting NHS values, taking into account public health considerations, and complying with our international and humanitarian obligations

    10. Scope of review Will not consider policies that deny access to any group, but will include consideration of: Qualifying residency criteria (ordinary residence) The range of exemption categories Potential for extending charges beyond hospitals and to all NHS treatment, including primary care Efficiency and effectiveness of current processes in NHS (and improving them in future) Better recovery of debts/protection of resources, including potential requirement for health insurance

    11. Approach & Timescales Now – Informal engagement with NHS and interest groups on several work strands to gather views and ideas Spring 2012 – conclude review and report to Ministers Dependant on Ministers’ decisions… Summer 2012 – potential public consultation Beyond 2012 – potential changes to primary legislation (eg ordinary residence) subject to parliamentary time

    12. OsVAG’s Role Tap into experience of group, as well as focused workshops e.g. on: Effective operation across the NHS Financial implications of current position and future Also involvement on extent of exemptions/EU matters Finance colleagues/manager involvement Need different types of trusts and OVMs involved – those with varied range of overseas visitors and varied experience of operating charging regime Finance colleagues/manager involvement

    13. DH Overseas Visitors Policy Unit – contacts

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