FEATURE
Right To Have
People with primary health needs are now allowed to take control of their own care budget. Now care users are taking spending into their own hands, where does that leave care providers? Specialist law firm, Moore Blatch sheds some light.
As of this month, the ‘right to have’ principal will apply to people who can demonstrate a primary health need and are entitled to NHS Continuing Care, as they will be able to request a Personal Health Budget (PHB) to pay for their healthcare needs.
PHBs, which were introduced nationally in April of this year under a ‘right to ask’ principal, aim to provide those who are eligible with flexibility and control over how their health needs are met.
Following an assessment process to establish the amount of budget required, the allocated funds are centred on a care plan which will determine health and wellbeing goals. Once allocated, service users will be able to receive payments for healthcare enabling them to buy the care and support they need.
Pilot PHB schemes have already been operating across the UK for some time and have demonstrated real benefits to those with long-term disability and primary health needs. Many of the budget holders involved in the pilot schemes have cited a number of personal obstacles and fears arising out of their disability that they have managed to overcome by having
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control of their own funding. In many cases this has allowed them to harness new and innovative ways to meet their healthcare needs.
For care providers, PHBs can present a number of new opportunities and challenges. Many budget holders will be looking for more personalised care and those that are willing to adapt their service to provide a range of choices could benefit under the new scheme.
Budget holders will be looking for more personalised care.
Community Care and Public Health Partner, Paula Barnes of Moore Blatch frequently represents clients in dispute with Clinical Commissioning Groups (CCG’s) over the care they are entitled to. She said: “This is an enormous change from the current system and whilst it has the potential for many rewards, people are unlikely to be familiar with the process of purchasing care.
“We have already been approached by people unsure about the assessment process, as well as people who want to ensure that they are assessed
correctly. This will be key to making sure that the right budget is put in place and fully supports the range of healthcare needs for each individual.
“Anyone working with the disabled, or advising those likely to qualify for a PHB, cannot afford to ignore these changes and must have a clear understanding of the implications of the legislative changes and their likely impact.”
Staff from the charity Enham Trust have worked closely with two of the pilot schemes operating in the South of England, providing advice on the infrastructure necessary to ensure PHBs are administered effectively, and supporting individuals to manage their budgets. They remain concerned that people given money under a PHB as a direct payment might not receive the support they need to deal with the levels of responsibility this involves, such as vetting suppliers and negotiating contracts.
Alison Orman, Head of Information, Advice and Guidance at Enham Trust, said: “Disabled people have the same rights as anyone else to weigh up the risks and responsibilities in life, especially about something as fundamental to their lifestyle as their
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