Medical Treatment: Decisions and the Law

8. Access to Healthcare – Funding

Co-authored by David Lawson.

Contents

  • A Introduction  8.1
  • B The National Health Service 8.2
  • The system in January 2022 8.3
  • The proposed changes 8.4
  • C Statutory duties to provide healthcare in England 8.5
  • The Secretary of State 8.5
  • NHS England and clinical commissioning groups 8.6
  • Reasonable requirements in England and Wales 8.7
  • Which CCG is responsible? 8.8
  • Services for people from other countries and other parts of the UK 8.10
  • Charges for healthcare 8.11
  • Access to the NHS 8.14
  • The NHS Constitution  8.16
  • The role of NICE in approving drugs and other treatments 8.17
  • Individual decision-making by NHS England and CCGs 8.18
  • Local Authorities, social care and public health 8.19
  • D Court decisions about access to healthcare  8.23
  • Will a court require doctors or NHS bodies to provide treatment? 8.23
  • What is the applicable jurisdiction? 8.24
  • Will a court require that money be spent on a particular treatment? 8.26
  • Human rights  8.27
  • Policy and guidance challenges 8.28
  • Equality law 8.29
  • Exceptionality  8.30
  • Clinically effective  8.34
  • Obtaining and interpreting evidence 8.35
  • E Conclusion 8.36
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