As was highlighted on this blog, the Vaccines Minister Nadhim Zahawi has announced a ‘targeted and time limited state backed indemnity’ for care homes which are registered as Designated Settings or intending to register as a Designated Setting, and which are unable to obtain commercial insurance. The question is, will this relatively short-term move have the impact that is needed right now to protect the NHS and care sector?Continue reading
We have previously written about the UK government’s plan to set up designated settings for persons leaving hospital who require a care home but have a diagnosis of COVID-19. This was originally outlined in the Adult Social Care Winter plan released in November, and each local authority was required to put in place plans to set up such facilities. Part of the set up problems was the willingness of the insurance market to provide cover for these settings.
In a written statement this week (18 January 2021), the Vaccines Minister Nadhim Zahawi has confirmed provision of a temporary government backed indemnity to provide cover for clinical negligence, EL and PL cover in the circumstances where a care provider cannot secure sufficient cover, or cover at all via the commercial insurance market. The scheme is intended to run only until the end of March 2021 and, as such, has the feeling of a ‘stop gap’ solution.Continue reading
On 18 December 2020, the Scottish Parliament’s Health and Sport Committee published its stage 1 report on the Liability for NHS Charges (Treatment of Industrial Disease) (Scotland) Bill. If enacted, this member’s bill would allow recovery by the state of charges incurred by the health service in the provision of treatment to pursuers with industrial disease but only where the cause of action arises after commencement of the new law. A link to the committee’s report is here. A link to the bill as introduced is here. The next stage for this bill is for the Scottish Parliament to debate and vote on the general principles of it before 15 January 2021. If the bill passes that vote it will move to stage 2 of the 3 stage legislative process. Amendment is possible at both stages 2 and 3. This legislation will have to pass all three stages before dissolution of the current session of the Scottish Parliament ahead of a 6 May 2021 election or it will fall.
In this blog we summarise the main points of the committee’s stage 1 report:Continue reading