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Version (1)

Name of Policy/Procedure or Guidance

Overseas Visitors Policy

Date issued:

Dec 05

Date to be returned:

Dec 08

Lead/comments to be returned to

Simon Marshall - Director of Finance

Andy Finlay - Income Generation Manager

Amendment No.

Date

Detail

Page No(s).

Paragraph No(s).

1

June/July 2006

Insertion of the three consultants rule for discharge when stable.

25

2

July 2006

Insertion of clause with regard to other government departments failing in their statutory duty.

37

3

Jan 2007

Romania & Bulgaria added to EU regulations

46

4

Jan 2008

Reviewed by LCFS, additional sentence to advise that it is a criminal offence to provide incorrect or misleading information on the form. Strengthen the wording to include LCFS & Police action

30, Appendix 1, Part C

5

Jan 2008

First paragraph, stage 2 interview, rewording for readability reasons.

31, Appendix 2,

6

Jan 2008

Finance Use only added to Overseas Patient Record form -financial information record

30, Appendix 1

7

April 2008

Rewording of Para 7.9 - Stabilise & Discharge Protocol.

25

8

April 2008

Addition of para 5.6 - 18 week wait

21

Name of Policy, Procedure or Guidance

Overseas Visitors Policy

Reference Number (to be inserted by Intranet Manager)

Who should read the objectives of this policy/procedure

All Medical Staff, Admin & Clerical Staff, Finance Staff, Nursing Staff, Associate Directors, Directors

Executive Summary

Correctly identify those patients who do not normally reside in the UK, who seek treatment at WMUH and issue charges to protect Trust Resources.

Committee & date approved

Ratified by Trust Board on:

(only insert date if appropriate)

Review Date

Dec 2008

Director(s) responsible for ensuring this document is implemented

Simon Marshall - Director of Finance

For further information contact

Andrew Finlay - Income Generation Manager

[phone numbers removed by WhatDoTheyKnow], [phone numbers removed by WhatDoTheyKnow]

The formal/legal documents forming the basis of this document are

Implementing the Overseas Visitors Hospital Charging Regulations- April 1989, amended 2004

Cross reference to

NHS Act 1977

Overseas Visitors' Policy

West Middlesex University Hospital NHS Trust

Contents

Section

Description

Page

1

Introduction

3

2

Aims

4

3

The Law in England & Wales

5

4

The Regulations Explained

8

5

Procedure for Establishing Eligibility

15

6

Roles & Responsibilities of Trust Officers

19

7

Procedure for all Interviews

20

Appendices

1

Overseas Patient Record Form

27

2

Stage 2 Interview Record

28

3

Credit/Debit Card Declaration

29

4

Medical/Holiday Insurance Form

30

5

But what about….? A-Z of Overseas patients

31

6

Base Line Questions

41

7

Quote for Care

42

8

EEA and Non-EEA Bilateral Agreements

43

9

Out of Hours Form

44

10

Advice for Medical Practitioners

45

11

Standard letter to Patients

46

12

IGA Form

47

13

NHS IND Enquiry

48

  1. Introduction

    1. The National Health Service (NHS) provides healthcare free of charge to people who are resident in the United Kingdom. People who do not usually live in the UK are not automatically entitled to use the NHS free of charge. Residency is therefore the main qualifying criterion, applicable regardless of nationality or whether the person holds a British Passport, or has lived and paid taxes or National Insurance contributions in the UK in the past.

    2. This policy is concerned with the management of individuals who do not normally live in the UK, (overseas visitors), when they seek treatment from West Middlesex University Hospital NHS Trust (WMUH). It is commonly accepted that the Trust fails to identify all such patients and manage them accordingly. This not only represents lost revenue to the organisation, but moral and ethical dilemmas for clinicians and managers alike.

    3. The charging regulations as directed by the Department of Health (Implementing the Overseas Visitors Hospital Charging Regulations- April 1989, amended 2004) place a legal obligation on NHS Trusts in England to establish if people to whom they are providing NHS hospital services are not normally resident in the UK. If they are not then charges may be applicable for NHS services provided. When that is the case the Trust must charge the person liable (usually the patient) for the costs of the services.

  1. Aims

    • This policy describes a standardised Trust wide procedure that will be considered `Best Practice' for the management of Overseas Visitors

    • It will eliminate discrimination and achieve parity for all patients of West Middlesex University Hospital NHS Trust

    • It will provide guidance and support for operational staff who have Admissions privileges

    • It should be an organic fluid document that promotes professional autonomy whilst protecting Trust finances.

3. The Law in England and Wales

    1. All NHS Trusts have a statutory obligation to establish whether people using their services are normally resident in the UK. The Trust's statutory duty extends to charging those who are found not to be eligible for free treatment, and who are not otherwise exempt or covered by a Reciprocal Healthcare Agreement or European Economic Area arrangements (EEA). If the Trust is satisfied that the patient is liable to pay, the law requires the Trust to calculate and recover the charges for any treatment given.

      1. The law is not optional and nor do the Trust or the Chief Executive have the authority to waive the charges. Only the Secretary of State can, in special cases agree to waive charges.

      2. The Trust is also required to inform the Department of Health if it provides services to a patient from one of the countries with which the UK holds a Reciprocal Healthcare Agreement or from one of our EEA partner States. This information is needed at a national level to maintain those agreements and to ensure that they remain fair to the UK and other partners.

      3. The statutory provisions which enable overseas visitors to be charged for NHS treatment are found in section 121 of the National Health Service Act 1977 (as amended by sections 7(12) and (14) of the Health and Medicines Act 1988). These give authority to the Secretary of State for Health to make regulations concerning charging anyone who is not ordinarily resident in Great Britain for any NHS services provided. They also give him powers to calculate such charges on any appropriate commercial basis. These powers are devolved to Health Authorities and NHS Trusts.

      4. Using the powers in section 121 Parliament has approved regulations exempting some people and some services from charges. These exemptions are list in Appendix 8.

    2. Amendments to The National Health Service (Charges to Overseas Visitors) Regulations

The Trust may from time to time seek help and advice from the Department of Health about any aspect of the charging regulations. In the first instance make any enquiries to the Income Generation Manager for Overseas Patients on [phone numbers removed by WhatDoTheyKnow] or [phone numbers removed by WhatDoTheyKnow]. If the issue is still unclear advice will be sought from the Department of Health. The Department cannot intervene in individual cases. The decision about whether an individual patient is liable for charges rests with the WMUH.

In some cases, perhaps where a patient's circumstances are unclear or do not appear to be provided for in the regulations, the WMUH may need to seek its own legal advice.

However, if there is any doubt then WMUH will make the patient liable for charges and they can then make a claim to be exempted by providing the necessary information.

4. The Regulations Explained

There are ten regulations governing the management of overseas visitors seeking treatment in the UK.

4.1 Regulation 1

This regulation provides some definitions of the words and terms used in the other regulations (see glossary included in the A-Z of overseas patients Appendix 5)

Calculating the Period of Residence - The regulation provides that when calculating a period of residence a person can be out of the UK for up to three months before it is taken into consideration. For example, if a person has lived in the UK for 12 months immediately preceding their treatment but has spent three months of that time on holidays abroad they can still be considered to have spent the last 12 months in the UK.

Child - for the purpose of the regulation a child is someone under the age of 16, or 16-19 but in full time education.

Member of Family - this applies only to people from EEA countries.

Overseas Visitors - means any person of any nationality not ordinarily resident in the UK. Treatment the need for which arose during their visit - this also applies to treatment needed where the diagnosis of a condition is made when first symptoms arise during a visit to the UK. It does not include routine monitoring of existing conditions, e.g. diabetes.

    1. Regulation 2

This regulation states when and how a Trust should make a charge for treatment and how it should recover the money.

The regulation places a legal obligation of the Trust to establish if a person is not ordinarily resident in the UK. The Trust must make reasonable enquiries into the circumstances of that person to determine if they are liable for charges.

If, in the light of enquiries the Trust decides that the patient is not eligible for free treatment then the Trust must levy a charge and recover it from the patient. The Trust must give the patient or the person paying the charge a receipt for the amount paid.

    1. Regulation 3

Some NHS services provided by the Trust are free to everyone regardless of their status as a patient. These are detailed below:

A&E - Treatment given in an accident and emergency department, a walk-in centre, a minor injuries area, an A&E clinic or an Observation Ward attached to an A&E department. This exemption from charges ceases when the patient leaves the area and is admitted to a ward or given an outpatient appointment. To clarify a common misconception, emergency treatment is not exempt; the area in which the treatment is administered is exempt. The same emergency treatment given in ITU is chargeable or CCU is chargeable.

Community - Some services provided in the community will be chargeable only where the staff are employed by a Trust, e.g. District Nurses by a PCT. However a Practice Nurse employed by a GP providing a service is NOT chargeable.

Public Health Protection - There are certain diseases where treatment necessary to protect the wider public health. They are as follows:

Acute encephalitis

Plague

Acute poliomyelitis

Rabies

Amoebic Dysentery

Relapsing Fever

Anthrax

Rubella

Bacillary Dysentery

Salmonella infection

Cholera

SARS (Severe Acute Respiratory Syndrome

Diphtheria

Scarlet Fever

Food Poisoning

Smallpox

Leprosy

Staphylococcal infections

Malaria

Tetanus

Measles

Tuberculosis

Meningitis

Typhoid Fever

Meningococcal septicaemia

(without meningitis)

Typhus

Mumps

Viral haemorrhagic fevers

Opthalmia neonatorum

Viral hepatitis

Paratyphoid fever

Whooping Cough

Yellow Fever

Treatment given in, or as the result of a referral from an STD Clinic - This does not apply to treatment for HIV Positive patients who must pay for any treatment beyond an initial diagnostic test and any counselling associated with the test or its result. An overseas visitor with HIV/AIDS referred to a hospital from such a clinic will be liable for charges unless otherwise exempt.

For example, a Patient with TB & HIV, the treatment for TB will be exempt from charges, however the patient will still incur charges for the treatment of HIV.

Detained under Mental Health Act - All treatment given to people detained under the Mental Health Act or a probation court order is exempt.

    1. Regulation 4

This regulation specifies the circumstances where an overseas visitor may be exempt from charges:

Ordinarily Resident

A person lawfully living in the UK voluntarily and for settled purposes as part of the regular order their life for the time being. They should have an identifiable purpose for their residence here and that purpose should have sufficient degree of continuity to be properly described as `settled'.

    1. Regulation 4a

This concerns people who are in receipt of a UK state pension.

    1. Regulation 5

This regulation also lists categories of overseas visitors who are exempt from charges. In this case however, the exemption is limited to treatment needed for conditions arising during the visit. Under this regulation pre-existing conditions are excluded.

    1. Regulation 6

This regulation provides for free treatment to be given to a person who is serving with an armed force which is part of NATO but only where that treatment cannot be readily provided by either his or her own medical force or the UK Armed Forces Medical Services.

    1. Regulation 6a

This allows the Secretary of State for Health to designate an individual as exempt from charges on exceptional humanitarian grounds, as long as certain specified criteria are met. The Secretary of State can only make this designation and the Trust would need to establish whether such determination has been made.

The patient is allowed to be accompanied by an authorised companion, who will also be exempt from charges for treatment should the need arise whilst they are in the UK, but not for other treatment.

The Trust will be advised that the appropriate determination has been made and that supporting documentation will be provided (although in an emergency this may arrive after the patient).

    1. Regulation 7

This regulation specifies who is liable to pay the NHS charges. In the vast majority of cases this will be the patient. There are two exceptions:

    1. Regulation 8

This regulation concerns the repayment of NHS charges. These can be repaid only where the person who paid them can provide evidence that, at the time they received the services, they were not liable for the charges. The person has to provide the Trust with the receipt for the money already paid; a signed declaration in support of his or her claim and whatever reasonable evidences the Trust requires. Where these conditions are met, any charges recovered should be repaid. The final decision is with the Director of Finance for WMUH. The decision made by the Director of Finance is final.

Treatment provided in A&E, Minor Injuries units and Observation Wards attached to A&E departments is exempt. The exemption from charge ceases when the patient leaves the department, i.e. is admitted to a ward within the hospital or is referred to an outpatient clinic. The common misconception is that `emergency' treatment is free, it is not, it is the location that is exempt not the treatment. Trusts have an obligation to treat patients who have life threatening conditions and to provide immediately necessary treatment, irrespective of ability to pay.

  1. Procedure for Establishing the Patient's Eligibility for NHS Treatment

    1. Admission via A&E

There is no exemption from charge for `emergency' treatment (other than that given in an accident and emergency department or an observation ward attached to an A&E department). WMUH will always provide immediately necessary treatment if it is to save the patient's life. It must not be delayed whilst the patient's chargeable status is determined. Failure to do so is in direct breach of the European Convention on Human Rights Act 1998.

If a patient has indicated that they are a visitor to the UK or that they are on holiday, the overseas address must be entered onto Symphony (the A&E PAS system) as the permanent address and the UK address as the temporary address.

Upon making of the notes, the stage one questionnaire inside the notes must be filled in and dated, and if found to be liable then a stage two interview with the Income Generation Manager for Overseas Patients ([phone numbers removed by WhatDoTheyKnow], [phone numbers removed by WhatDoTheyKnow]) to be arranged as soon as possible.

    1. Inpatient Admissions

If the patient is admitted the stage two interview should take place as soon as it's conveniently possible. All patients admitted for a new episode of treatment must complete the patient registration form, or have the form completed by the Outpatients Department.

The patient's representative should be asked the stage one questions if the patient is unable to answer them, an interpreter is to be used from either Language Line or the Hounslow Interpreting Service. If any patient upon questioning at stage one indicates that they are a visitor to the UK or are on holiday then they must be referred to the Income Generation Manager for Overseas Patients as soon as possible, as it is highly likely that they are liable for NHS charges.

It is imperative that all medical, nursing and admin staff are aware that it is everyone's responsibility to ensure that overseas visitors are correctly identified and that the appropriate referral to the Income Generation Manager is carried out as soon as possible.

Staff must refrain from giving advice on eligibility for free treatment and/or approximate pricing unless the Income Generation Manager has advised them beforehand.

Once status has been determined this MUST be entered into Camis:

  • Input Patient's Hospital Number

  • Goto page 2 by pressing F7 to go to next page

  • Tab down to Overseas Visitor section

  • Press F3 to get a list of options

  • Select the correct option (this option will have been determined by the stage 2 interview or the Income Generation Manager.)

This must be carried out for every patient

[personal information removed], 2nd [personal information removed] and on [phone numbers removed by WhatDoTheyKnow] or [phone numbers removed by WhatDoTheyKnow], during the hours of [personal information removed]. An out of hours service to handled by telephoning [phone numbers removed by WhatDoTheyKnow], this is an answer service and will be dealt with upon the return of the Income Generation to the Finance Department. .

    1. Outpatient Appointment

The Outpatients Department has displayed on all of its plasma screens the requirements and information for all patients what they need to do to prove exemption status. There is also a poster in each clinic area stating the requirements. The appointment letter will contain a paragraph explaining to the patient that they will be required to prove the eligibility to receive free NHS treatment.

On the day of the appointment, the admin staff must ensure that the baseline questions are asked as part of the admissions procedure (Appendix 6) If the answer to the question - Where have you lived for the last 12 months? Is in the UK, admin staff must be prepared to ask for basic supporting evidence, e.g. a utility bill bearing their name. If the patient is unable to provide evidence then they must be referred to the Income Generation Manager on [phone numbers removed by WhatDoTheyKnow] or [phone numbers removed by WhatDoTheyKnow], during the hours of [personal information removed]. The patient should be informed that they will be interviewed to establish their eligibility for free NHS treatment. At this stage the patient should NOT be booked in until eligibility is established.

This process should be checked regardless of whether the patient has a new or old set of notes, or the appointment is anew one or a follow up.

In cases where the GP referral letter indicates that the patient has recently arrived in the UK then a copy of the letter must be given to the Income Generation Manager. If in the opinion of the medical staff that the appointment is not classed as immediately necessary treatment, eligibility must be established before any treatment is given.

A patient who is found to be liable for charges but refuses to pay or is unable to pay will be discharged from the clinic and referred back to their GP if appropriate and/or A&E for further advice/treatment. The Income Generation Manager has the delegated authority from the Director of Finance to perform this function.

Once status has been determined this MUST be entered into Camis:

  • by pressing F7 to go to next page

  • tabbing down to Overseas Visitor section

  • pressing F3 to get a list of options

  • Selecting the correct option

This must be carried out for every patient

When a patient is referred to the Income Generation Manager on the basis of a GP referral letter, before the appointment date standard letter is sent to the patient (Appendix 11). If no response is received within two weeks then a follow up telephone call should be made to the patient, in order to establish eligibility using the stage two procedures. A stage 2 interview can be conducted over the telephone.

    1. Elective Admissions

Where the patient is chargeable, WMUH should NOT initiate any treatment process, e.g. by putting the patient on a waiting list, until a deposit equivalent to the estimated full cost of treatment is obtained. If no deposit is obtained then WMUH should NOT perform the procedure.

A patient from an EEA member state (Appendix 8) can be added to a waiting list in the same way an NHS patient can be, however if the diagnosis is on the PBR Tariff (Payment By Results) then this is transmitted to the Department of Health in the same way as PBR. If the diagnosis is not on the PBR tariff then an IGA Form is completed (Appendix 12) and sent to:

Leeds North East Primary Care Trust

Overseas Visitors Section (Finance)

Sycamore Lodge

7a Woodhouse Cliff

Leeds

LS6 2HF

    1. Tertiary Referrals

When a Consultant accepts a tertiary referral the patients status should be established prior to admission unless the patient has a life threatening condition or is in need of immediately necessary treatment. If this is not possible due to the patients condition then the status should be deemed as soon as the patient is stable (in the clinician's view) and informed that they are liable or not liable for any further charges for NHS care.

    1. 18 Weeks

Chargeable patients are entitled to non emergency treatment if they are willing to pay for it, therefore they can have a clock and be on the 18 week pathway, but it can be stopped and suspended at any time by the Income Generation Manager. Where a patient has received a referral from a GP and has had a clock started, but subsequently it comes to light that they are not entitled to free treatment, then their clock must be suspended until they have paid any monies owing to the Trust. Chargeable patients access non emergency treatment at WMUH on a pay as you go basis. If a chargeable patient pays any monies owing then their clock can be re-started, this advice must come from the Income Generation Manager, proof must be supplied by the Income Generation Manager that all outstanding accounts are settled before treatment can recommence. This is regardless of where the patient activity happens.

  1. Roles and Responsibilities of Trust Officers

    1. Directors

The Leadership and direction of WMUH is shaped by the Directors of each Directorate it is within their responsibility to implement the Overseas Patients Policy in line with current WMUH procedures, local rules and codes of practice. The policy must be cascaded through the levels of General Management within WMUH.

    1. Associate Directors

Each Associate Director (AD) is responsible for ensuring all of the relevant staff within their service area is aware of the policy and what the implications are in respect of not following it. The policy must be communicated to all staff within their division irrespective if they have admitting rights or frontline patient contact.

  1. Procedure for all Interviews

    1. Stage One Interview (BLQ Process Appendix 6)

Stage One officers are generally part of the Admin team of each service area, e.g. OPD Clinic Clerks, A&E Reception, etc They have a duty to follow the Trust policy on interviewing patients, using registered interpretation services where appropriate and maintaining the privacy and dignity of the patient at all times. The interview is effectively the baseline questions and the production of the evidence. This process should not take longer than a few minutes.

The Baseline questions must be asked of every patient regardless of their colour, language, surname, creed, etc otherwise the Trust can be accused of not treating every patient in a fair and equal manner.

Once the BLQ process has been completed if the admin staff have any doubt whatsoever about the answers given then they must refer them to the Income Generation Manager for Overseas Patients for further investigation. It is not within the remit of admin and clerical staff to establish eligibility.

The majority of patients will not be liable for charges. The purpose in asking the baseline questions at this stage is to avoid discrimination and to ensure that patient who are liable fore charges are identified at the earliest opportunity.

    1. Stage Two Interview

The Stage Two Officer (this does include the Income Generation Manager) but also each service area has an appointed officer. The Income Generation Manager will provide advice and leadership to the team of stage two officers. Ensuring that the team are up to date with current legislation and are fully supported and trained in order to carry out the interviews.

The process for the Stage Two Officer:

    1. Upon deciding that the patient is liable for charges as an Overseas Visitor the Stage Two Officer must also carry out the following duties:

    1. Patients found liable for charges

If the patient is liable for charges, explain the procedure to them and to the next of kin, or an advocate acting on the patient's behalf. The liability to pay rests with the patient, however an undertaking to pay can be taken from anyone the patient nominates to act on his or her behalf. In some cases a guarantor may be requested. The £350.00 initial deposit or 50% whatever is greater should be requested here or an estimate for the full cost of treatment (Appendix 7), followed by an invoice for the full cost of treatment. This should be handed to the patient and payment sought immediately, using a credit/debit card or any other acceptable means. If the patient has left the hospital then this should be posted in the normal way to the patient's home address and standard business terms used including national and international debt recovery.

    1. Personal Liability

The regulations state that a deposit for an estimate for the full cost of treatment should be obtained from the patient prior to any treatment being given. The Trust will require the patient to sign an undertaking to pay form and a credit card agreement form; both of these forms produce a contract between the Trust and the patient. However the patient is liable for charges irrespective of if they sign an agreement or not.

    1. Patients who are insured

Charges for patients who are insured are calculated on the same basis as the patient who has personal liability. It is not best practice to, nor it is advised by the department of health to deal with third parties, therefore any charge should be made to the patient and it is up to them to make their own claim to the insurance company. The Trust will not deal with overseas insurance companies unless in exceptional circumstances and it has been cleared in advance by the insurance company involved. The final decision is made by the Director of Finance.

    1. Overseas Visitors Sticker

An overseas visitors sticker is added to the FRONT of the medical notes once a patient is identified as being chargeable.

OVERSEAS PATIENT

Please contact:: Income Generation Manager

for Overseas Patients

[phone numbers removed by WhatDoTheyKnow], [phone numbers removed by WhatDoTheyKnow]

LIABLE

EEA

NOT LIABLE

    1. Training and Development

Appropriate training is essential to enable staff to confidently undertake stage one interviews (Baseline Questions). Associate Directors in each service area must ensure that relevant staff have undertaken the minimum level of training in order to complete the interview. It is best practice to assume that Associate Directors should ensure that overseas visitors' training is part of each staff member's Personal Development Plan (PDP).

    1. Medical Staff Responsibilities - Stabilise & Discharge

There will be many times when medical treatment is required for an overseas visitor who is liable for charges and is unable or unwilling to pay for the cost. (there is no distinction made between unable and unwilling to pay in the Regulations). In such circumstances WMUH will provide only immediately necessary treatment to the patient, in order to save their life. Once the patient becomes stable and out of immediate danger then the Stabilise & Discharge protocol must be followed.

Immediate Necessary Treatment is treatment required to save the patients life, not what is clinically appropriate for the treatment of a certain condition. It is important that the Trust minimises the financial loss by ensuring that this is facilitated as soon as the patient is decided by three Clinicians to be stable. All decisions must be recorded in the patients clinical notes. If the patient states that they have no funds then the Medical Practitioner is asked to complete an `advice from doctor' form (see Appendix 10)

As agreed by the Medical Staff Committee if a patient is to be discharged in a stable condition then this stable condition is determined by the treating consultant and two other consultants. If they concur with each other then the patient will be discharged from the Trust's care. The patient is able if they so wish to re-enter the Trust via the Accident & Emergency Department and be re-assessed in the normal way. The Regulations make no provision for how many times a patient can attend A&E but they do advise Trusts that it is in the best interests of the patient for them not to receive a large bill for the cost of their care as an inpatient.

To minimise the potential financial loss of a non-paying patient and to take advantage of the short stay threshold on the APC National Tariff, it is advisable that the whole process should not take longer than 48 hours. This enables the Trust to write off only 20% of the value of applicable HRG codes.

    1. Complaints

Where a patient is unhappy with the care they have received it is vital that they, or someone acting on their behalf (with their consent) should take appropriate action with regard to the Trust's complaints procedure.

All Stage Two interviewers must be aware of the Trusts Complaints Policy, of the Advocates Policy and the PALS service.

    1. Deceased Patients

Where a patient dies without making or completing a payment to the Trust no other person becomes liable for the debt. However the debt can be recovered from the person's estate. Any decision made by the executor of the estate is final (this must be checked with legal.) An offer from relatives or another person to meet the debt can be accepted but this must not be actively pursued, unless it was they who had signed the undertaking to pay form.

    1. Financial Matters

If the Trust is satisfied that the patient is an overseas visitor then WMUH must levy charges against the patient. If there are any doubts over the validity of exemption for a patient then this patient should also be charged for their treatment. Invoices should be produced in all cases and given to the patient.

If the patient refuses to pay or states that they have no funds available to pay (this is treated as a refusal to pay) then a payment plan can be negotiated in order to settle the debt. This is at the discretion of WMUH and the Trust at any time can request the full and immediate settlement of the outstanding balance. This will be used in cases where the patient has defaulted on payments.

The Trust is not allowed to waive any of the charges to Overseas Patients, nor has the Chief Executive of the Trust the authority to waive any of the charges. The Senior Medical staff of the Trust have no authority to waive any charges, furthermore they have no authority to assess if a patient is exempt from charges, this is the responsibility of the Stage Two Officers and the Income Generation Manager for Overseas Patients.

    1. Pharmacy

Overseas Visitors are not entitled to receive an NHS subsidised prescription, this is open to those who benefit from the NHS not those who are not entitled to receive benefits for free. Therefore they must pay what is appropriate to the Trust, which currently is the charge of a private prescription (details from Pharmacy & PP Tarrif).

    1. Timely Decision and Action

The longer the elapsed time between the treatment or discharge and payment, the less likely any outstanding amount will be collected. Therefore it is imperative that all stages of the process treat Overseas Visitors payments with the utmost urgency. e.g. immediate invoicing should be available, including itemisation if requested by the patient or the Income Generation Manager. However, a breakdown of what consists of in a HRG (Healthcare Resource Group - PBR National Tariff) is not possible. If there is any delay the ultimately the Trust will bear any associated costs, this risk has to be minimised by efficient systems.

    1. Writing Off Bad Debt

It is not acceptable not to bother raising an invoice for treatment provided to a chargeable overseas visitor because it is believed or claimed that they are unable to pay. It is unfortunate that some overseas patients when challenged claim they have no funds but it is not the concern of the Trust how they will pay, just that they will pay. All efforts must be made to pursue overseas debt. Overseas patients who cooperate with the Trust will be considered for payment plans if they are unable to pay for the full amount in one go provided they pay 50% deposit up front, the balance to be paid over a determined amount of time as indicated by the Trust. This is in accordance with best practice in many industries where large purchases are involved. Patients who have made a conscious decision to seek treatment at West Middlesex Hospital in an attempt to obtain treatment by deception will not be considered by a payment plan.

    1. Reasons for this approach:

Appendix 1 - Overseas Patient Record Form

Name of Patient

Hospital Number

Date of Birth

WARD/AREA

UK Address:

Home Address

Diagnosis/HRG:

Admission / Activity Date:

Discharge Date:

PART B - Person Undertaking to pay on the patient's behalf

Name:

UK Address:

Home Address

Relationship to patient

PART C - Declaration

I undertake to pay West Middlesex University Hospital for the full cost of my treatment, this will be calculated and given to me as a quote for care. I understand that this charge will increase as treatment continues and I shall pay the initial quote as soon as possible and the final account upon discharge. This is in accordance with Regulations currently in force under section 121 of the NHS Act 1977 in respect of NHS treatment.

It is a criminal offence to provide incorrect and misleading information on this form. I understand obtaining treatment by deception is fraud and will not be tolerated by West Middlesex University Hospital NHS Trust and, as such cases will be referred to the Local Counter Fraud Specialist and may be referred to the police for further action. Furthermore, I understand that if I leave the country West Middlesex University Hospital will take reasonable steps to recover the debt using an international debt collection agency and I will be liable for this cost also.

Signed…………………………………………………..……………………..Date…………………………………

Print Name….:…………………………..……………..…………….Passport Number:…………………………

FOR FINANCE USE ONLY

Paid in Full

Paid in part:

Payment Method:

Insurance - Invoice

Balance payable:

Receipt Number /Authorisation Code

Requested by:

Designation:

Date of Receipt:

Appendix 2 - Stage 2 Interview Record

I have attended a Stage 2 interview with ………………………………….. at West Middlesex University Hospital. It has been found that I am/am not liable for the charges for NHS treatment as an Overseas Visitor (Implementing Overseas Visitors Charging Regulations April 2004).

Referred by

Under the Care of

Bleep

Comments

Diagnosis

Affix patient label here:

LIABLE

NOT LIABLE

I am liable/not-liable for treatment as an NHS CHARGED PATIENT (overseas visitor) and I am unwilling/willing to pay for the cost of the treatment.

I understand that West Middlesex Hospital is unable to offer this treatment without making a charge. I understand that if I go to another NHS Trust then I will be liable for the cost of treatment with them too. I consent for my details to be passed on to other NHS Trust's in order to safeguard NHS resources.

I am aware that it is my choice to decline the treatment today and if I require treatment I will make other arrangements.

Patient Name

Patient Signature

Date

Overseas Patients Manager

Signature

Date

Appendix 3 - Card Declaration

I have signed a declaration to pay West Middlesex University Hospital NHS Trust for the cost of NHS treatment for the patient named underneath.

I understand that I will pay all charges attributed to this episode of care and it will be taken from my credit/debit card.

The amount owed will increase as the length of stay increases and further tests are carried out.

I have received a quote for care and I accept the charges listed on this as a fair and accurate estimation of the cost.

I authorise West Middlesex Hospital to charge my credit/debit card (in my absence) for the full cost of treatment.

Patients name:

Hospital Number:

Ward/Area:

Consultant:

My details are as follows:

Name on Card

Card Issuer

Start Date

Expiry Date

Signature

Card Number

(Long number through the centre of the card)

Amount

£

Security Code

(Last three digits on the signature strip)

Signed on behalf of West Middlesex

Designation

Date

Appendix 4 - Medical Holiday Insurance Declaration

Does the Patient have holiday/medical insurance: yes no

Patient:

Hospital Number:

Insurance details:

Name of Company:

Address of Company:

Policy Number:

Contact Name at Company:

Level of cover

I am aware that it is a criminal offence to give incorrect or misleading information on this form. I understand that obtaining treatment by deception is fraud and will not be tolerated by West Middlesex University Hospital NHS Trust.

I understand that I shall pay West Middlesex University Hospital NHS Trust for the cost of my treatment as an overseas visitor and that I will claim any charge back from my insurance company.

I understand that it is policy of West Middlesex University Hospital NHS Trust not to deal with overseas insurance companies, except in exceptional circumstances, which is at the discretion of the Director of Finance. Any decision is final and non negotiable.

Patients Name:

Date:

Signature

Appendix 5 - A to Z of Overseas Patients: But what about………?

Abortion

See Termination of Pregnancy (ToP)

AIDS

See HIV

Ambulance Services

The Regulations do not apply to ambulance services. These should be provided free of charge where they are part of the patients clinical need.

Artificial Limbs

See Prosthetic services

Asylum Seeker

A person who has made a formal application to the Home Office for recognition as a Refugee under the 1951 UN Convention and its 1967 Protocol Relating to the Status of Refugees.

  • A person who has made a formal application for asylum in the UK will be issued with an Immigration & Nationality Directorate (IND) Application Registration Card (ARC). This card contains a photograph of the asylum seeker, details such as their name and an electronic chip containing biometric information.

  • Where an asylum seeker has had an initial application for refuge refused he or she has rights of appeal. They will continue to be entitled to hospital treatment without charge until the asylum appeal has been exhausted.

  • If an asylum seeker's claim is finally rejected (including appeals) they cannot be charged for a course of treatment they were receiving at the time their status was determined. That remains free of charge until completed. The must however, be charged for a new course of treatment. If that is routine elective treatment then payment should be handled in the same way as everyone else seeking non-urgent treatment, i.e. payment should be obtained before treatment begins.

Au Pairs

Au Pairs are not employed as such and therefore are not automatically eligible for free treatment. Au Pair is a technical term applied by the Home Office when granting entry to the UK, usually for a minimum of two years, and it can apply only to people from certain countries. Many of these countries have bilateral healthcare agreements with the UK or are EEA member states or Switzerland, so the au pair would be eligible for any treatment, which arises during the visit.

Alternatively the Au Pair coming to the UK can be settled and living for a period of time may be considered `ordinarily resident'.

The Trust must decide on each individual case and it be judged on its own merits.

Authorised Child

A child of a person who has been given leave to enter the UK with a parent who has come to the UK for specified treatment under provision of Regulation 6A; or a child of an authorised companion of such person given leave to enter the UK. There may be several authorised children travelling with the exempt person or their authorised companion. An authorised child is eligible for free treatment the need of which arises whilst they are here.

Authorised Companion

A person who has been given leave to enter the UK with a parent who has come to the UK for specified treatment under the provision of Regulation 6A. There will normally only be one authorised companion, and they will be eligible for free treatment which arises during their stay here.

BaseLine Questions (BLQ)

All Trusts should have systems in place to ask all patients beginning a new course of treatment at the Hospital the BaseLine Questions. (There is a page in every set of notes that asks these questions and a copy of the flowchart for distribution is contained in Appendix 6).

Where a person's answers to the BaseLine Questions indicate they may be chargeable, they must be referred for a second interview with a trained member of staff to establish eligibility. (Directorate Income Generation Manager or Other Stage Two Officer.)

Community Services

Some services delivered in the community will be subject to charge as services delivered by WMUH on behalf of the community. Where staff not supplied by WMUH supplies services then the charging regulations do not apply.

Confidentiality

WMUH staff becoming aware that a patient may be here without the proper authorisation must make a decision in the full light of the patient's circumstances as to the reporting of their immigration status. It is important each case is judged on its own merits. There is a public interest argument in the reporting of such patients but this should be weighed with the medical confidentiality rules and the medical needs of the patient. It must be discussed with WMUH Caldicott Guardian. (Janet Baldwin - Medical Director). With a possible view to discuss with WMUH legal advisors also.

Dependant children visiting an ordinarily resident parent

Where are child who normally lives abroad is visiting a parent who is ordinarily resident in the UK, that child can take on the status of the parent if they have dual access or joint custody.

Dependants

For all patients, except those from EEA member states, dependants are limited to marriage partner and children under the age of 16, or under 19 if still in fulltime education or receiving child benefit. For EEA member States the accepted dependants of a person will be named on the relevant E form issued or other identity documents.

Dialysis

The Regulations, and therefore the charges, apply where visitors to the UK require haemodialysis or peritoneal dialysis for the treatment of kidney failure.

  • Temporary visitors from the EEA countries and Switzerland (other than for medical purposes) i.e. on holiday or on business, or for short-term work, do not need an E112 to obtain dialysis treatment. This should be provided under the bilateral healthcare arrangements for immediately necessary treatment. This is subject to the patient making an advance booking and facilities being available at the time of treatment.

  • For non-EEA countries with which the UK holds bilateral healthcare agreements with, only Australia has made provision for dialysis treatment to be provided as immediately necessary treatment.

  • For Visitors from countries outside the EEA, Australia and Switzerland (including Channel Islands) the provision of dialysis treatment is not the responsibility of the NHS and patients are liable for charges.

  • UK residents who enquire about the provision of dialysis whilst abroad should be directed to the NHS unit where they normally dialyse for advice. For EEA countries an E111 (European Health Insurance Card - EHIC post Dec 2005) which will cover the cost of their treatment. In Spain it is a P10 form issued before their visit.)

Domiciliary Nursing

See Community Services

Dual Residence

A person with homes in more than one country may be considered ordinarily resident in the UK if the are likely to spend at least 9 months of the year living in the UK. However, if they are a person in receipt of a British State Pension who spends not more than 6 months living in another EEA member state and not less than six months living in the UK then they will be exempt under Regulation 4A even though they spend more than 3 months in another EEA member state.

Employment

The Regulations do not define employment other than to make clear self-employment is included, and that it must be with an employer based in the UK or at a registered UK branch of an overseas employer.

Self-employed workers must show that their principle place of business is the UK.

Generally where there is any doubt that a person is employed it can be satisfied by asking to see (up to date) documentary evidence from the employer, or in the case of a self-employed person, a letter from a reputable bank or solicitor.

Part time work will also count but WMUH must satisfy the reason for being in the UK is primarily to work. Where are a person has entered the UK as a visitor and has applied to switch to employed status then this will not count.

Establishing Responsible Commissioner

Full Guidance can be found at

General Practitioners

The Hospital Charging Regulations do not apply to General Practice. GP's are able to offer treatment to overseas visitors on a private basis but can also accept them as NHS patients, i.e. exempt this is in accordance with the Human Rights Act 1998. Such patients may receive an NHS card and number. This does NOT automatically entitle them to treatment without charge at WMUH, nor does the fact that they may be have been referred to WMUH by a GP.

WMUH remains responsible for checking that all patients - including those with NHS cards or numbers - are ordinarily resident in the UK or otherwise exempt before treating them without charge, unless care is required before liability status can be established, e.g. major medical emergency..

Health Visitors

See Community Services

HIV

There is no charge for a diagnostic test and any associated counselling to establish if a patient is HIV positive. Any further treatment needed, including the full cost of drugs, for HIV or AIDS is liable to charges. If a liable patient is in possession of a HC2 certificate this does not exempt them from charges for drugs for HIV/AIDS treatment.

Hospital at Home

See Community Services

Illegal Immigrants

It may happen that during investigations to establish a patient's residence it transpires that the person is in the UK without proper permission. This may be that they entered the country on a visitor's visa that has since expired or they may have an application for asylum rejected but have not yet been removed from the country. In these cases charges may apply depending on the circumstances, particularly if they have been in the UK for more than 12 months. (See confidentiality)

If the Trust can prove that another government department has failed in their statutory duty to remove persons from this country WMUH will not accept the financial responsibility for these person(s) and will move to transfer the outstanding balance to the relevant department that has failed WMUH.

Immediately Necessary Treatment

WMUH needs to treat patients in need of immediately necessary care regardless of their ability to pay. This may be because their condition is life threatening, or because if treatment is not given immediately it will become life threatening, or because permanent serious damage will be caused by any delay.

It is a matter of clinical judgement that should not be second-guessed by administrative staff.

However, in the interest of good audit management, the responsible health professional's reasons should be recorded in the patient's clinical notes and the request for advice from a doctor (Appendix 10) should be completed.

Where immediately necessary treatment occurs and WMUH knows that payment is unlikely, treatment should be limited to that which is clinically necessary to enable the patient to return to his or her own country.

This should not normally include routine treatment unless it is necessary to prevent a life-threatening situation. Any charge payable for such treatment will still stand, but if it proves to be irrecoverable, then it should be written off.

Israel

There is no general bilateral healthcare agreement with Israel but a person entitled to industrial injuries benefit in Israel is fully exempt from NHS charges for treatment arising from their industrial injury or occupational illness.

Maternity Services

Maternity services are not exempt from charges. However because of the severe health risks associated with such conditions such as eclampsia and pre-eclampsia, maternity services should not be withheld if the woman is unable to pay in advance. The patient remains liable for charges and the debt should be pursued in the normal way.

Women from EEA countries and Switzerland are covered for all maternity care i.e. antenatal and postnatal care for up to 15 weeks after the birth of the child.

Women from non-EEA countries with which we have bilateral healthcare agreements are eligible to receive immediately necessary treatment in connection with their pregnancy, if an unexpected emergency arises during their visit. This applies irrespective of whether the pregnancy was confirmed in the UK or elsewhere.

However if they come to the UK or remain in the UK to obtain routine antenatal care or deliver their baby then charges will apply, unless they are specifically referred to the UK under agreement because of complications.

Midwifery

See Community Services

Newborns

Where a baby is born in hospital mother and child are charged as a single patient. If one of them is transferred to another department, e.g. SCBU, the charge will continue to accumulate to recover the full costs of treating them both.

If one is discharged and the other remains the charge will continue to accumulate to recover the cost of treating the one remaining. If either is transferred to a different hospital then that hospital will be responsible for recovering the costs for the treatment that they provide.

NHS Card or Number

Having an NHS card or number does not give automatic entitlement to free NHS hospital treatment. Every patient's eligibility should be checked.

NHS Charged Patients

Overseas Visitors who are liable for charges are NHS charged patients. They should not be confused with private patients. They must receive the same priority as NHS patients.

Unlike private patients NHS charged patients are liable to pay for their treatment even where an undertaking to pay has not been obtained.

No Recourse to Public Funds

A stamp on some visitor's passports. It does not apply to NHS treatment but prevents people from accessing UK social security funds.

Non-urgent treatment

Routine elective treatment that could in fact wait until the patient returned home.

The patient's chargeable status should be established as soon as possible after the 1st referral to WMUH. Where the patient is chargeable WMUH will not initiate treatment processes, including assigning a waiting list entry, until a deposit equivalent to the estimated full cost of treatment (Quote for care Appendix 7).

Any surplus, which is paid, can be returned to the patient on completion of treatment. This is not refusing to provide treatment, it is requiring payment conditions to be met in accordance with the charging regulations before treatment can commence.

Norwegian Seafarers

A Norwegian national employed on a Norwegian registered vessel is exempt if brought to the UK for treatment on or from that vessel.

Observation Wards

Patients kept in the Observation Wards attached to A&E at WMUH should not be charged unless they are formally admitted to the hospital as an inpatient.

Offshore Workers

A person working in UK territorial waters or in the UK sector of the Continental Shelf is exempt, as is an offshore worker working elsewhere on the shelf if his employer or contractor has his principal place of business in the UK.

One Year Rule

There is no `one year rule' that's says you have to be in the UK to receive free treatment at WMUH. This should not be confused with the exemption for people who have been living lawfully in the UK for 12 months immediately preceding the date at which treatment Is given. Someone who is ordinarily resident, or is exempt under one of the other exemptions is entitles to free treatment from the day they arrive in the UK, there is no qualifying residence period.

In order to take the House of Lords judgement into account, when assessing the residence status of a person seeking free NHS services, WMUH must consider:

“….living lawfully in the UK voluntarily and for settled purposes as part of the regular order of their life for the time being whether they have an identifiable purpose for their residence here and whether that purpose has sufficient degree of continuity to be properly described as `settled'.”

Overseas Visitor

Any person of any nationality who is not ordinarily resident in the UK.

Permanent Residence

People taking up permanent residence in the UK are entitled to free hospital treatment. They must however have the legal right to live here permanently and WMUH can ask to see evidence of that right before exemption can be granted.

People who have a right to live here and claim to be returning here permanently to the UK after living abroad can be asked to provide evidence to support such a move - perhaps the sale of such property abroad, shipping of belongings, transfer of assets, etc

People who have made applications for permanent residence will be chargeable up until they are granted leave to remain by the Home Office or they have completed 12 months lawful residence and then charges will cease.

Where are person applies to extend their current entry visa, only those claims that are made before the existing visa runs out will be considered as lawful residence.

Where a person applies to extend their leave to remain after their current visa has expired the calculation of 12 months lawful residence starts from the date they reapplied.

Prisoner

Anyone who has to be detained under provision of section 43(1) of the Prison Act 1952 or anyone who has been detained under provision of the Immigration Act 1971.

Prosthetic Services

The artificial Limb and Appliance services are not provided under the NHS Act 1977, and the overseas visitors charges Regulations made under that Act cannot therefore apply to services provided by them.

Patients who are liable for charges under the Regulations and who needs artificial limbs or appliance must therefore obtain them privately.

Public purse

A term used in some travel documents to signify the holder cannot access UK social security benefits. It does not apply to NHS treatment.

Refugee

A person who has been granted asylum by the UK government has been recognised as a refugee (a successful asylum seeker) and is exempt from charges.

Repatriation back to the UK

When a person goes to live outside of the UK the NHS ceases to have responsibility for their healthcare. If such a person is taken seriously ill the NHS is not responsible for funding their repatriation back to the UK.

However if a patient's family make their own arrangements to repatriate the patient who on arrival will be resuming their permanent residence, then they will become entitled to access full NHS treatment from the date of their arrival.

If WMUH is advised in advance of the patient's arrival the we must make adequate arrangements to ensure that the patient receives the appropriate healthcare upon their arrival back in the UK.

Repatriation back to the Visitors home country

Where a person has received NHS treatment and has not been able to pay for that treatment and expresses a wish to return home, WMUH can consider funding the cost of the repatriation if the cost of the repatriation outweighs the cost of treating the patient and will therefore produce a cost saving for the Trust and if the patient gives consent to return home.

It is not possible to force repatriation of a patient.

Routine Monitoring

This includes routine monitoring of conditions like diabetes. Such provision will not be covered under existing non-EEA bilateral healthcare agreements and charges will apply.

Seamen or women

A person working on a UK registered ship is exempt from charges. A person who is working on any other registered vessel is exempt if they are ordinarily resident in the UK.

If they are from an EEA country or Switzerland, a non-EEA bilateral healthcare country and the need for treatment arose in the UK or on a voyage to the UK; or if they are a former UK resident and the five or ten year exemptions apply.

Six month Rule

There is no six-month rule that says you have to have been in the UK for six months before you are entitled to free NHS treatment.

Sponsors

Some people are allowed into the UK only because another person or authority has agreed to sponsor their stay here and guaranteed that they will not become a drain on the public purse. The public purse does not include NHS treatment, therefore sponsored people can use the NHS and must be exempt in their own right.

A sponsor is not liable for NHS charges and charges must be sought in the same way as an overseas visitor if the person requires NHS treatment. Even if the sponsor has offered to pay.

Spouse (and children)

Where a person is exempt from charges for NHS hospital treatment then so is their marriage partner (but not an unmarried co-habitee or `common-law' partner) and children when they are either:

  • In the UK with the exempt person for the duration of their visit; or

  • Living permanently with the exempt person if they have come to the UK on a settled basis

The exempt person must be in the UK with their spouse and/or children.

Where a person is ordinarily resident and their spouse lives abroad, the spouse will not be considered ordinarily resident on a visit to the UK. Unless they meet one of the exemptions from charge in their own right then they are liable for charges.

State Pensions

The following are UK state pensions to which there is entitlement under the Social Security Act 1975 and which could apply to a person living overseas:

  • Retirement pension

  • Attendance allowance

  • Widow's benefit

  • Industrial injuries disablement benefit

  • Incapacity benefit

  • Severe disablement allowance

  • Guardian's allowance

  • Disabled living allowance

  • Carers allowance

Occupational pensions (including civil service pensions) are not state pensions.

Students

People who are pursuing a full time course of study of not less than 6 months in duration or people who are pursuing a full time course of study of any duration which is funded either wholly or substantially by the UK government. A person here on a visitor's visa spending a few hours a week learning English is a visitor not a student and therefore liable for charges.

Termination of Pregnancy (ToP)

Where a patient seeks a ToP and is liable for charges but is unable to pay in advance the hospital may decline to provide the service and should advise the woman to seek termination in her own country.

The only exception to this is where the woman's life is at risk. In these circumstances the termination should take place. The patient remains liable for charges and debt should be pursued in the normal way.

Women from a bilateral agreement country who come to the UK specifically to seek ToPs will be liable for charges unless they have either, (for EEA nationals, obtained an authorised E112 form from their own health institutions,) or for Non-EEA bilateral agreement countries, have been specifically referred for treatment under the terms of the agreement.

Treatment the need for which arose during the visit

The limiting of access to treatment without charge to conditions, which occur, only whilst present in the UK or in the Doctors opinion, although pre-existing, need immediate treatment to prevent deterioration.

Twelve Month Rule

See one year rule

UK Government Financed Posts

People claiming exemption under this Regulation should be able to provide satisfactory documentary evidence of their entitlement. Recruitment must have taken place in the UK and will include people working for the Department for International Development and the British Volunteer Programme.

UK Government Financed students

People who are pursuing a full time course of study, of any duration, which is funded either wholly or substantially by the UK Government. The must provide satisfactory evidence of their entitlement.

Unaccompanied Minors

Children of overseas visitors will rarely be exempt in their own right, but only via their parent's status. Thus where treatment is given to a child under the age of 16 who is in the UK without his or her parents it will be chargeable unless the treatment itself is exempt (e.g. provided solely in the A&E department or the Observation Suite. The liability should be explained to the person in whose charge the child has been left (e.g. teacher, tour leader, host) and the bill handed to that person. Copies should be sent to the child's parents.

A further exception is that children from EEA member states or Switzerland who will be eligible for free treatment the need for which arose during their visit (E111 or EHIC arrangements) as will children from bilateral agreement countries.

A further exception is unaccompanied minors attending boarding school in the UK whose parents both live outside the UK. In this case the child will be classed ordinarily resident while at school because in legal terms the school act in loco parentis.

Unemployed persons

There is no exemption for unemployed persons with the exception of people here under specific EEA arrangements. This person will have a copy of form E119, without this form they are liable for charge.

Urgent treatment

Where the treatment is, in a clinical opinion, not immediately necessary, cannot wait until the patient returns home. Patients should be booked in for treatment, but the Trust should use the intervening period to establish the patients' chargeable status.

Wherever possible, if the patient is chargeable, WMUH should seek a deposit for an estimate of the full cost of care. Any surplus could be returned to the patient upon completion of treatment.

Volunteers coming to the UK

Exemption from charges is limited to those people who are providing services that are similar to health or social services.

Volunteers from the UK

People who leave the UK to spend time as a volunteer are not automatically entitled to return to the UK for free hospital treatment. Each case should be carefully considered. Only people working on a UK government financed project are automatically entitled. Others may be if they are returning to take up permanent residence and they can be exempted under ordinarily residence criteria.

Waiving charges

No power has been given, in the Regulations or otherwise, for any person, including the Trust Chief Executive, the lead Consultant or a Government minister, to waive charge which are due.

War pensions

The holder of a UK war disablement pension is fully exempt from charges not just those relating to his or her injury. His or her spouse and children are also fully exempt. The holder of a UK war widow's pension is also exempt.

Write-off debt

Where debt is unrecoverable WMUH can write it off. However, the Trust must take all reasonable measures to recover the debt, including consideration of using a debt collection agency if it's financially viable.

Overseas debt must be written off correctly.

Appendix 6 - The BLQ Process (The Base Line Questions)

0x01 graphic

Appendix 7 - Quote for Care

Quote for Care:

Prepared on ……………………. by (or put Name, designation, contact details here) Andy Finlay - Income Generation Manager - [phone numbers removed by WhatDoTheyKnow], [phone numbers removed by WhatDoTheyKnow], [phone numbers removed by WhatDoTheyKnow]

Patient Name

Date of Birth

Postcode

Home Address:

Ward/Area:

Admission Date:

Discharge Date:

INPATIENT STAY

TO

COST:

£

TRANSFERRED TO:

INPATIENT STAY

COST:

£

DRUGS

£

MINIMUM REQUIRED

£

The above quote is based upon projections of care; if there are any complications with the patient or after delivery, your child requires further treatment, I understand that will be an additional charge.

I shall pay West Middlesex University Hospital NHS Trust for the full amount of the cost of care using the most appropriate method to the Trust (credit/debit card, cash, cheque + guarantee card to the limit, bankers draft).

I understand that if I leave the UK without paying, that West Middlesex University Hospital NHS Trust shall make reasonable efforts to recover the debt using an International debt collection agency.

Any non-payment of the debt may have further implications on any future entry requirements into the UK.

I have read the quote and the statement and I understand and agree the terms quoted.

Signed (patient)

Date:

Signed (on behalf of WMUH)

Date:

Appendix 8 - EEA & Non-EEA Bilateral Healthcare Agreement Countries and Territories

Anguilla

Kazakhstan *

Armenia *

Kirgizstan *

Australia

Macedonia *

Azerbaijan *

Malta *

Barbados

Moldova *

Belarus *

Montserrat

Bosnia *

New Zealand *

British Virgin Islands

Poland

Bulgaria

Romania

Channel Islands

Russia *

Croatia *

Slovak Republic *

Czech Republic *

Slovenia *

Falkland Islands

St Helena

Georgia *

Tajikistan *

Gibraltar *

Turkmenistan *

Hungary *

Turks and Caicos Islands

Iceland

Ukraine *

Isle of Man

Uzbekistan *

Yugoslavia, * i.e. Serbia & Montenegro

Countries with an (*) asterisk have agreements covering their nationals and UK nationals only. The others cover all residents, irrespective of nationality. It is for non-nationals residents in an “all residents” country to produce evidence of their residential status. N.B. The Czech Republic, Hungary, Malta, Poland and Slovenia joined the EU on 1st May 2004 and Bulgaria & Romania join the EU on 1st Jan 2007 and the bilateral healthcare arrangements are replaced by EC regulations. Iceland is an EEA member state but the bilateral healthcare arrangements also cover non-EEA nationals resident in Iceland. The agreements covering nationals only applies to nationals living in their own country, not if they are living in another country with which the UK holds a bilateral healthcare agreement.

Persons who can present a passport, residence permit, identity card or social security card showing that they are either nationals or residents as appropriate of any of these countries should be treated as exempt from charges in respect of treatment the need for which arose during a temporary visit to the UK.

Appendix 9 - Out of Hours Form

Overseas Patients Record Form (Out of Hours only)

Form Completed by

Job Title

Bleep Number

Signed

Do not leave the above area blank - an audit trail needs to be established for each patient.

Patient Name

Date of Birth

Postcode

Home Address:

UK Address:

Ward/Area:

Admission Date:

Credit Card details recorded YES/NO

Reason for NO:

Please do not use this form if it is Monday to Friday [personal information removed]. (Unless you have been notified the IGM is not on site.

Please [phone numbers removed by WhatDoTheyKnow] or dial [phone numbers removed by WhatDoTheyKnow] for the Income Generation Manager.

Appendix 10 - Advice for Doctor & Medical Practitioners

Dear Doctor

NAME OF PATIENT

Date of Birth:

Hospital Number:

This patient is an overseas visitor as defined in the National Health Services (Charges to Overseas Visitors) Regulations 1989 as amended. Having interviewed the patient we have found him/her to be liable for charges as an overseas visitor.

Government advice to safeguard NHS resources is to obtain payment where possible before treatment is given. In this case the patient also declared that he/she will not be able to pay for the treatment to be provided prior to receipt of the treatment. Would you therefore tick one of the declarations below?

Where treatment is given (or has been given already), the Trust is obliged to raise an invoice for the cost of any such treatment, and to pursue debt recovery procedures if necessary.

Date: Signed: (Doctor)

Print Name:

Date: Signed: (Overseas Visitors Manager)

Print Name:

Appendix 11 - Standard Enquiry Letter to Patient

Name of Patient

Address 1

Address 2

Address 3

Hospital Number:

Date:

Dear

You have been referred to this department to validate your claim for free NHS treatment.

It is your responsibility to prove to West Middlesex University Hospital NHS Trust your claim for exemption from charge. If you do not provide satisfactory evidence of your claim you will be deemed liable for charges and we will issue an invoice for any treatment given and seek a deposit for the full cost of any future treatment.

In order to determine your eligibility for free treatment it is necessary to verify your residential status. We will require you to produce any relevant residency papers, a work permit and entry visa to the UK.

Please make sure you contact us before you attend any further hospital appointments.

We will be happy to make an appointment to process your claim at your earliest convenience. Please telephone [phone numbers removed by WhatDoTheyKnow] direct line or [phone numbers removed by WhatDoTheyKnow], [phone numbers removed by WhatDoTheyKnow] to arrange this.

We must stress that we cannot guarantee non-emergency NHS treatment to you until we have processed your claim for exemption.

Yours sincerely

Overseas Visitors OfficeAppendix 12 - IGA Form

IGA (Previously IGA 19) DEPARTMENT OF HEALTH

Financial Monitoring of Overseas Visitors Episodes of Care for Recovery of UK Costs

ALL SECTIONS OF THIS FORM MUST BE FULLY COMPLETED

NHS TRUST ……………………………………………………………………………………………………… PGO No …………………….

LEAD COMMISSIONER ……………………………………………………………………………………………………………….…………. ORGANISATION CODE……………

Total cost: …..………………………

PATIENT DETAILS

Local Patient Identifier: ………...

Patient's Name (Surname/Forenames): ………

Date of Birth: DD/MM/YYYY .....…../....….../....……

Patient's Usual Address: ………...

………...

Date of arrival in UK DD/MM/YYYY ……/………./………

Postcode of Usual Address (use NHS User Postcode Directory - 5th & 6th …….. ……..

(characters only. NOTE the codes may

Patient's Nationality (not be the same in both sections) …….. ……..

INPATIENTS and DAYCASES:

Start Date: DD/MM/YYYY ……/……/………

End Date: DD/MM/YYYY ……/……/………

Diagnosis: Primary (ICD 10 Code): ……… Operative Procedure: Primary

Operation (OPCS4 Code): ………

Specialty Code: ………

Health Care Resource Group Code ……………….

OUTPATIENTS:

Attendance Date: DD/MM/YYYY ....…../....…../....……

Source of Referral: ……… Reason for Referral: ………

Outcome: ……… Specialty Code: ………

OTHER CONTRACT DETAILS

Was the patient referred by an overseas authority? YES/NO

If YES and the patient is from EEA: a copy of the E112 must be attached

State Quota number if appropriate: …………

Patient's Guide category under which treatment was given …………….

CONTACT FOR ENQUIRIES ………………………………………………………

(staff member who completed the form)

TELEPHONE NUMBER/EXT ……………………..

PLEASE SEND THIS FORM TO: Overseas Visitor Section (Finance Dept), Leeds North East PCT, Sycamore Lodge,

7a Woodhouse Cliff, Leeds LS6 2HF. Tel 0113 3059790 or 3059795 Fax 0113 3059870

Appendix 13 - Immigration Enquiry

NHS IMMIGRATION INFORMATION CONSENT FORM

TO: IMMIGRATION SECURE FAX LINE

Patient name:

Date of Birth:

Country of Origin:

Date of Arrival in Country:

Purpose for being in UK:

Home Office Reference or ARC Number (if applicable)

The patient authorises this request:

Signature of patient:

FROM:

Name of Hospital:

Name & Job title:

Please advise what this person's immigration status is

OR

Please advise whether this person's ARC is still valid

If no longer valid has asylum claim been

granted ………………………………. OR refused ………………………………………

Please state reason for non-removal from the UK

………………………………………………………………………………………………..

Appendix 14 - Payment Schedule Narrative

The following transactions relate to the Overseas Visitors Hospital Charging Regulations 1989.

Patients name

Ward/Area

I agree to West Middlesex Hospital charging me for the full cost of treatment as below and the attached schedule. I am willing to pay for the cost of the treatment of the above as an overseas visitor and the list of charges have been explained to me and I am willing to meet these charges. I agree to provide a 50% deposit and I will pay the balance over an agreed period as determined by West Middlesex Hospital or their representatives.

I understand that West Middlesex are unable to offer this treatment without making a charge. This is in accordance with Regulations currently in force under section 121 of the NHS Act 1977 in respect of NHS treatment. Furthermore, I understand that if I leave the country West Middlesex University Hospital will take reasonable steps to recover the debt using an international debt collection agency and I will be liable for this cost also.

My details are as follows:

Name

Signature

Amount

£

INPATIENT STAY AT WMUH/

Address

Signed on behalf of West Middlesex

Designation

Income Generation Manager

Date

Copy to be made and handed to patient

Original to be retained in Finance

Stabilise and Discharge Request Form

Failure or refusal to pay NHS charges as an overseas visitor is in contravention of section 121 of the NHS Act 1977 in respect of NHS treatment.

It is policy of West Middlesex University Hospital NHS Trust to minimise the financial loss to the Trust for any patients who refuse to pay for their medical treatment. The Overseas Visitors Charging NHS Charging Regulations make no provision for unable or unwilling to pay. Payment for Overseas Visitors charges in the NHS is not optional and is non-negotiable. It is not within anyone's power except for the Secretay of State for Health to waive a charge for medcial treatment. However in all instances payment must be made to the treating hospital before any claim for exemption can be assessed.

In order to minimise the financial loss to the Trust, the Medical Staffing Committee (MSC) agreed that a forum or three Consultants would consider all requests made by the Income Generation Manager (IGM) to invoke the clause in the Overseas Visitors Policy of ` Stabilise and Discharge'. Whereby a patient who is out of the crisis stage of their illness or disease must be discharged from the care of the Trust. Even if it is not consistent with the usual clinical pathway.

Consultant 1: (Medical Director)

Consultant 2:

Consultant 3:

Income Generation Manager:

Patients Hospital Number:

Patients Name:

Charges Outstanding:

Reason for request:

Area of Activity:

Admission Date:

Discharge Date:

X1 copy to be filed in the patients notes

X1 copy to be held in Finance

0x01 graphic

Overseas Visitors Policy

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Andrew Finlay

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