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NHSiS Manual of Guidance: Overseas Visitors
 
Chapter 8: Notes for Stage 1 Officers Conducting Patient Interviews Statutory/Manual References
General Principles
1. Eligibility to use the NHS services depends mainly on residence in the UK, and on other qualifying provisions set out in the Regulations. Overseas visitors who have been in the UK for less than 1 year are liable to pay NHS charges, unless they fall into another exempt category. 1989 Reg 4 &

Chapter 11

2. Stage 1 is designed to identify quickly those patients who should not be charged for NHS services. In most cases patients exempt from NHS charge will be identified after a few questions. However, the procedure must apply to all new patients since any attempt at selection could be interpreted as arbitrary or discriminatory. The procedures apply to: Appendix E

i. those attending the NHS hospital for the first time; and

ii. those starting NHS care - such persons are included because a patient’s entitlement to exemption from NHS charges may change (for example, where the patient’s length of stay in the country subsequently exceeds 12 months or where the patient decides to be treated privately).

1989 Reg

4(b)

Services exempt from NHS charges
3. Stage 1 does not apply to: Chapter 10

A&E or Casualty Department (or in pre-treatment 'holding' wards attached to these departments);

1989 Reg 3 (a)

Family planning services;

1989 Reg 3 (bb)

Special clinics for treatment of sexually transmitted diseases (but does apply for HIV/AIDS see Chapter 10)

1989 Reg 3(c)

Treatment in respect of Schedule 1 (infectious) diseases;

1989 Regs and Chapter 10

Those detained under Mental Health legislation; and

1989 Reg 3(e)

Those subject to a probation order under Section 230 of the Criminal Procedure (Scotland) Act 1995.

1989 Reg 3(f)
Vulnerable Groups
4. Stage 1 is generally inappropriate in NHS departments and hospitals for geriatric and mentally disordered or learning disabled patients. Staff registering these patients should be aware of the rules regarding liability to NHS charges, and bring to the attention of their senior officers particulars of any patient who, on the information presented to them, appears to be an overseas visitor.
Registration Procedure: Stage 1
5. Stage 1 procedure should take place only when it has been assessed as clinically appropriate to do so.
6. The registration form or file cover should have answer boxes corresponding to those shown at Section 2 of Appendix E. These forms should be completed by the Stage 1 officer according to the instructions on the questionnaire. Where a pre-registration form is used for an overseas patient, the Stage 1 answers should be checked for all first attendances. Appendix E
7. Every effort should be made to avoid inference of prejudice. If a patient complains that he or she is being discriminated against the Stage 1 officer should refer the patient to a senior officer (normally the Stage 2 officer).
8. The established out of hours admission arrangements should have the same application for overseas patients as they do for UK residents.
9. A patient may be exempt from NHS charges in his or her own right, or because he or she is a spouse or child of someone who is exempt. If the answer to question 1 is clearly "yes", repeat it in a suitably modified form about the husband or wife, or (for children) about both parents.
10. If the answer either to the original or modified question 1 is clearly "yes" tick the "not liable" box in Section 2 of Appendix E. No further questions are necessary. The patient is exempt from NHS charges. Where doubt exists, the Stage 1 officer should advise the Stage 2 officer. Appendix E
11. If the answer to question 1 is "no" or no clear answer can be obtained, ask question 2. Where no clear date of entry to this country is given:

i. place a tick in the "for Stage 2" box; then

ii. inform the appropriate Stage 2 officer without delay.

12. The Stage 1 officer should:

i. tell the Stage 2 officer of any language or communication difficulty.

ii. tell the Stage 2 officer where doubts exist over the validity of the answers given.

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