NHSiS guidance manual for overseas visitors

NHSiS Manual of Guidance: Overseas Visitors

Chapter 1: Introduction - General Information	Statutory/Manual References
The Scottish Office Department of Health Guidance
1. This Manual provides guidance to management and clinical staff in Health Boards (HBs), NHS Trusts and Directly Managed Units (DMUs).
2. NHS officers responsible for carrying out the Stage 1 and Stage 2 interviews for identifying the eligibility or otherwise of overseas visitors to exemption from NHS charges for NHS treatment should apply the procedures set out in this guidance to all NHS registrations and admissions.	Chapters 8 & 9
Introduction
3. Exemption from NHS charges for health care at the point of delivery is intended for people ordinarily resident in the United Kingdom (UK) regardless of nationality or origin. Those who are "ordinarily resident" in Scotland may access services without NHS charge, except where this is specially provided for in legislation, for example, prescriptions.	Chapter 2
4. Visitors from a number of other countries are entitled under either European Regulations or reciprocal health care agreements, to use the NHS on similar terms as citizens of the UK.	Chapters 12 & 13
5. Visitors *not* exempt in terms of the legislative position as covered in the Manual are subject to NHS charges for the NHS care they receive on the same basis as UK residents.
Interpretation
6. In terms this will mean that an overseas visitor from a EEA member state or reciprocal health care agreement country will be entitled to NHS care free at the point of delivery for A&E treatment, the limited exemptions set out elsewhere in the Manual and any related continuing care up to the point that their clinician decides that it is medically safe for them to return home.	Chapter 4
7. For those overseas visitors from *non-EEA member states or non*-reciprocal health care agreement countries the entitlement to NHS care free at the point of delivery is restricted to A&E treatment and the limited exemptions set out elsewhere in the Manual.	Chapter 4
NHS legislation for overseas visitors
8. The first Regulations for charging overseas visitors for NHS hospital treatment were set out in The NHS (Charges to Overseas Visitors) (Scotland) Regulations 1982.
9. The current principal Regulations are The NHS (Charges to Overseas Visitors) (Scotland) Regulations 1989 (SI 1989 No 364), as amended by The NHS (Charges to Overseas Visitors) (Scotland) Amendment Regulations 1992 (SI 1992 No 411), The NHS (Charges to Overseas Visitors) (Scotland) Amendment Regulations 1994 (SI 1994 No 1770) and The NHS (Charges to Overseas Visitors) (Scotland) Amendment Regulations.	1989 Regs 1992 Regs 1994 Regs 1998 Regs
10. A guide to the National legislative background on NHS charging for treatment is contained in Appendix A.	Appendix A
NHS services covered by the Regulations
11. The Regulations apply in the main to treatment at all NHS hospitals including community hospitals, and to services provided under the direction of NHS hospitals. NHS services include in-patient and out-patient treatment, day cases, routine home dialysis and continuous ambulatory dialysis, and supply of artificial limbs or appliances.	1989 Reg 2
Primary Care Services
12. For guidance on the treatment of overseas visitors in the NHS primary care services turn to Chapter 6 (Management and Clinical Responsibilities).	Chapter 6
Public Information
13. This Manual (or extracts from it) may be copied to members of the public on request.
Overriding EC Regulations
14. EC Regulations (Article 93 of 574/72) oblige the UK Departments of Health to claim back from other EEA member states the actual cost of NHS care given to overseas visitors who come to the UK specifically for treatment. An EC exemption form E112 or E123 will need to be presented by the overseas patient concerned, and forwarded by the NHS hospital to: Benefits Agency Pensions and Overseas Benefits Directorate Medical Benefits Section Tyneview Park Whitley Road *Newcastle* NE98 1BA.	Chapter 12