continuing health care lynne phair consultant nurse for older people crawley pct...

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Continuing Health Care Lynne Phair Consultant Nurse for Older People Crawley PCT [email protected] s.uk

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Continuing Health Care

Lynne PhairConsultant Nurse for Older

PeopleCrawley PCT

[email protected]

The battle for NHS Continuing Care

Changing emphasis of care in the early 1990s

Introduction of eligibility criteria 1996 Coughlan Judgement July 1999 It was unlawful to transfer responsibility of

patients general nursing care to local authority unless it was merely incidentally or ancillary to the provision of accommodation and of a nature which could bee expected social services to provide

The battle for NHS Continuing Care

October 2001 introduction of funded nursing care. 3 levels of RN care for which the government make a RNCC contribution

February 2003 Ombudsman’s Report for long term care

This found some Health Authorities had not been lawful in their continuing care criteria and had not adjusted them in accordance with the Coughlan Judgement

The battle for NHS Continuing Care

Recommendations- The DoH should review the national guidance for eligibility for continuing NHS care

This guidance must be much clearer in showing when the NHS must provide funding and those where it is let to the NHS bodies locally.

The guidance may need to include detailed definitions of terms and case examples

The DoH were also required to make efforts to remedy consequent financial injustice

The definition

The nature or complexity or intensity or unpredictability of the individuals health care needs (and any combination of these needs) requires the regular supervision by a member of the NHS multidisciplinary team, such as the consultant, palliative care, therapy or other NHS member of the team

The definition of NHS continuing Care

The individuals needs require the routine use of specialist health care equipment under the supervision of NHS staff

The NHS has a rapidly deteriorating or unstable condition

Individual is in the final stages of a terminal illness and is likely to die in the near future

The location of care does not determine the eligibility

Working definitions of the key words

DoH did not directly provide definitions in the circular of the key aspects of care

Stability, predictability and complexity were all take from the funded nursing care definitions

These terms have also been defined in RCN Assessment tool and previous DoH eligibility criteria

How the DoH managed the recommendations

Each SHA had to review their criteria some also developed assessment tools

and scoring methods.Thus all SHAs have an individual

interpretation and scoring systemPotential still exists for variation in

interpretation and application

The Grogan Judgement January 2006

The high court ruled that eligibility for NHS CHC used by the Trust was unlawful since the criteria contained no guidance as to the test or approach to be applied when assessing a person

There as no express reference to the “Primary Health Need Approach” or the incidental or ancillary test

There was no decision as to whether Mrs Grogan did or did not meet the criteria

The Grogan Judgement

The DoH issued an action statement ( 03 March 2006) identifying that a persons health needs is not just the need for registered nursing, but is overall need and the need for the accommodation is part of that overall need.

All SHA and PCTS had to once again review how they have applied the criteria

CHC is not jut the next step up from FNC

Intensity of Care

Working definition described by Bexley Care Trust Retrospective Review Team November 2003

Health or disease process/ disorder, including emotional physical behavioural and psychosocial needs, requiring extensive levels of care time and or frequent periods of direct care, treatment or observation to achieve/ maintain self- actualisation

( including the maintenance of life, e.g breathing, swallowing, eating drinking) from one or more professionally qualified health professionals.

Intensity of Care

Intense includes high levels of care needing extensive direct handling and or use of invasive techniques and intensive refers to a very thorough/ rigorous type of care to achieve maximum capacity of the patient

A practical example

Agnes aged 87 years. Lived in a Nursing Home for 3 years.

Unable to communicate or understand any instruction or language. Legs had become contracted, no sitting balance and no voluntary movement of arms or hands

No recognition of people objects, risks or aids to living

Doubly incontinent

Agnes

Thin papery skin, cachectic weight loss.Inability to recognise food or fluids in her

mouth Becomes agitated when care is deliveredAll responses are primativeLives in a twilight state sometimes opens

he eyes to sound stimulation no facial responses

He husband visits daily

The Care needs of Agnes

Staff needed to anticipate all her needs.Skilled abilities to read non verbal communication

and marry up requirements with history from family ,for all aspects of care including pain

Anticipatory skills re pain, hunger, thirst, Ability to manage and monitor dietary intake

without invasive techniques. support of dieticianRemedial Physio re contractionsManage risks

Risks

Intrinsic risks from total incapacityPressure risk, falls, DVT, Oral Thrush

constipation, dehydration, contractions, chest infections UTIs.

Total environmental risks due it advanced cognitive impairment

Health risks associated with old age

Why is this not just basic personal care?

Complexity of the interrelationship between all fundamental functions of life

Intensity of needs as Agnes would die with a few days without total compensatory action

Overwhelming risk of complicationsNeeds for specialist involvement to

balance physical and emotional needs

Is this health care?

Nursing is… The use of clinical judgement in the provision

of care to enable people to improve, maintain, or recover health, to cope with health problems, and to achieve the best possible quality of life, whatever their disease or disability, until death

( RCN 2003)Nursing can be carried out by people other

than registered nurses ( RCN 2003 & Ombudsman 2003)

Is this health care?

She deserves the regular review and support of a specialist Registered Nurse who has advanced skills in the physical and mental health of old age who has the skills to offer palliative care which of course can empower other care staff to deliver her health care needs

Who has the skills to be able to assess and prescribe care in a non clinical setting and who can support the family and Agnes

She requires the involvement of SALT Dietician and OT

She needs specialist equipment to assist her healthcare needs

Is this health care?

Agnes’s needs are complex, every simple action or inaction can have a number of consequences

Her life depends on the intervention of others she has no capacity even to recognise water or understand her need for it.

She requires daily review and reassessment but of a subtle nature but if not carried out will have catastrophic consequences

Her problem is that she is receiving pure nursing, she requires no tubes, the tools of the staff are within themselves, hidden from view

The skills required to assess

Competent but not Expert assessors may view the needs of Agnes in a positivist way - over simplistic interpretation of seeing the situation on face value

Expert assessors would use use critical theory techniques to reveal hidden factors and different perspectives on a complex situation Thomas (2006)

The skills required to assess

Using the term “basic care” can be likened to the term “common sense” both of which are not common or basic but a dance between different beliefs priorities and needs and an ability of the assessor to use positivist and critical theory to feed the judgement. Thomas (2006)

The danger is that many nurses cannot articulate what the depth of care is and so leaps to use the term basic thus diminishing the complexity of care required to maintain the status quo

A practical dilemma

All people leaving hospital are entitled to a CHC assessment before referral to SSD

Development of a trigger tool in West Sussex Pilot as only partly successful as discharge nurses

said it was very difficult to assess against the criteriaOrdinary Ward nurses did not have time to learn it and

they would only assess those who they thought might be eligible

The Section 2 referral was made as soon as the person came is and so the process of CHC assessment could not be done when the person was considered stable.

The SHA and SSD are encouraging hospitals to find ways of implementing it

The worry is the lack of understanding of the legal right of older people to have the assessment

A practical Dilemma

The SHA and SSD are encouraging hospitals to find ways of implementing it

The worry is The lack of understanding of the legal right

of older people to have the assessmentThe lack of acceptance that assessing for

CHC is a highly skills activityThe lack of understanding that RNs must

document a rationale for their decision making

Useful literature

Defining Nursing RCN 2003 Anderson W Bungay H ( 2004) Assessing patients’ eligibility for fully

funded nursing care. Nursing times 100;2,38-41 Steed A ( 2004) Compensation still in the pipeline money

telegraph .co.uk 24.4.04 The Health Service Ombudsman NHS funding for long term care 2nd

report 2003 Continuing Care NHS and local councils’ responsibilities HSC 2001//015: LAC(201)18 Essence of Care (2001)- patient focused benchmarking for health

care practitioners DoH NHS Funded Nursing Care Practice guide & workbook (2001) DoH Thomas P ( 2006) Integrating primary health care Routledge London DoH(2006)NHS continuing Care action following the Grogan

Judgement www.dh.gov.uk