Doctors

We receive enquiries from doctors about entitlement to NHS treatment as there were changes in the regulations in 2004. These new regulations are The National Health Service (Charges to Overseas Visitors) (Amendments) (Regulations) 2004 SI 2004 No 614.

Changes to entitlement to NHS treatment

The amended regulations state that some services continue to be free:

• There remains no charge for immediate necessary treatment at a hospital accident and emergency or casualty department or walk-in centre similar to accident and emergency.
• Those conditions exempted under the 1989 Regulations (for example Tuberculosis (TB) and sexually transmitted infections other than HIV) continue to be exempt from charges.

But there are restrictions on access to treatments including the following:

• The person accessing NHS treatment free of charge must have been in the country for more than 12 months lawfully. Even if a person has been in the UK lawfully, they may not be entitled to treatment if, for example, if they came here to receive private medical treatment or if they have been refused asylum.
• Those on student visas to the UK will be able to access to free NHS services if they are pursuing a full-time course of study, which is of at least six months' duration or is of less than six months' duration but is substantially funded by the UK government.

Guidance from the Department of Health 

In April 2004 the Department of Health issued a guidance document Implementing the Overseas Visitors Hospital Charging Regulations, which is downloadable from the Department of Health website.

This guidance document states that NHS trusts or Primary Care Trusts (PCTs) have a legal obligation to:

• ensure that patients who are not ordinarily resident in the UK are identified
• assess liability for charges in accordance with the charging Regulations
• charge those liable to pay in accordance with the Regulations.

THT concerns

Our Policy and Public Affairs team is deeply concerned about the effect of these regulations. If you have any facts about cases where someone has been refused treatment under the new regulations, and information about the human and financial impact of such decisions, please contact lisa.power@tht.org.uk.