SCHEDULES

SCHEDULE 3Discharge of hospital patients with care and support needs

7Meaning of “hospital patient”, “NHS hospital, “NHS body”, etc.

1

A hospital patient is a person ordinarily resident in England who—

a

is being accommodated at an NHS hospital, or at an independent hospital as a result of arrangements made by an NHS body, and

b

is receiving (or has received or can reasonably be expected to receive) acute care.

2

NHS hospital” means a health service hospital (as defined by the National Health Service Act 2006) in England.

3

“Independent hospital” means a hospital (as defined by that Act) in the United Kingdom which is not—

a

an NHS hospital,

b

a health service hospital as defined by section 206 of the National Health Service (Wales) Act 2006,

c

a health service hospital as defined by section 108 of the National Health Service (Scotland) Act 1978, or

d

a hospital vested in the Department of Health, Social Services and Public Safety in Northern Ireland or managed by a Health and Social Care trust.

4

NHS body” means—

a

an NHS trust established under section 25 of the National Health Service Act 2006,

b

an NHS foundation trust,

c

the National Health Service Commissioning Board, or

d

a clinical commissioning group.

5

A reference to the NHS body responsible for a hospital patient is—

a

if the hospital is an NHS hospital, a reference to the NHS body managing it, or

b

if the hospital is an independent hospital, a reference to the NHS body that arranged for the patient to be accommodated in it.

6

“Acute care” means intensive medical treatment provided by or under the supervision of a consultant, that lasts for a limited period after which the person receiving the treatment no longer benefits from it.

7

Care is not “acute care” if the patient has given an undertaking (or one has been given on the patient’s behalf) to pay for it; nor is any of the following “acute care”—

a

care of an expectant or nursing mother;

b

mental health care;

c

palliative care;

d

a structured programme of care provided for a limited period to help a person maintain or regain the ability to live at home;

e

care provided for recuperation or rehabilitation.

8

“Mental health care” means psychiatric services, or other services provided for the purpose of preventing, diagnosing or treating illness, the arrangements for which are the primary responsibility of a consultant psychiatrist.