Continuing the discussion from ICB commissioning responsibility for detained patients:
I have only just joined and still unsure how or where to ask questions but this post is pertinent to the question I wish to ask if someone can help please. Person is detained under s2 MHA whilst registered with GP A, whilst on S2 changes to GP B and then S 2 converts to S3, which ICB is responsible commissioner for S117 on discharge, GP area A or B? Thank you
Hi Shirley, it looks as if you have not yet had a response to your query. The position is set out in the ‘Who Pays?- Establishing the Responsible NHS Commissioner’ Guidance, which is published by NHS England and was last updated in March 2024.
Assuming that the patient’s s.2 detention was after July 2022, when ICBs came into being: Paras 18.3 & 18.4 of the Guidance explain that the ICB with which their GP practice was associated at the point of original detention (i.e. the s.2) will be respoinsible for funding their hospital admission, any s.117 aftercare (if they go on to s.3) and any subsequent readmmission & aftercare, for as long as they remain entitled to s.117. This applies even if the person changes GP while they are detained in hospital, as in your scenario.
(For s.117 entitlements before July 2022 you would need to consult the version of the Guidance in force at the relevant time.)
As the Guidance explains, if the person has other, physical, health needs, these become the responsibility of the ICB associated with their current GP practice at such time as they leave hospital. So the patient might have their s.117 aftercare costs met by ICB A, while their physical health costs are met by ICB B. Hoiw that is worked gthrough in practice I don’t know (I’m sure that the shakeout of NHS England and its impact on ICB staffing won’t help!).
I hope that’s a bit clearer?
Thank you so much, this is really helpful