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A CHC review is not supposed to be an automatic fresh eligibility test. Its normal focus is whether the existing care package still meets the person's needs. If needs have changed enough to call eligibility into question, the ICB may arrange a full reassessment.
National public guidance says reviews should normally take place within three months of a positive eligibility decision and then as required, at least annually. If eligibility is going to be reconsidered because needs have materially changed, that should be dealt with through the proper reassessment process.
The review should look at whether the care package and arrangements remain appropriate to meet the person's current needs.
The most recent Decision Support Tool is normally used as a reference point. A full reassessment may follow where the change could affect eligibility.
The Decision Support Tool guidance says needs should not be marginalised simply because they are successfully managed. The fact that medication, supervision, specialist care or a structured plan is preventing incidents can itself be important evidence of the need that continues to exist.
The government's public CHC leaflet states that neither the NHS nor the local authority should withdraw from an existing care or funding arrangement without a joint reassessment of needs, consultation about the proposed change, and alternative funding or services being put into effect.
Obtain the written reasons, review notes, latest DST and the records said to justify the change.
Identify what has genuinely changed and what is simply being managed more effectively. The two are not the same.
If the review moved into a reassessment of eligibility, examine whether the correct multidisciplinary process and evidence were used.
The decision letter should explain the available review or appeal route. A focused challenge should address both the evidence and any material procedural defect.
Funding withdrawals deserve close attention where the person's diagnosis has not changed but the ICB says the needs have reduced, where high levels of care are preventing incidents, or where the new scoring appears inconsistent with the care plan and daily records.
We can review what changed, what evidence the ICB relied upon and whether the review or reassessment properly reflected the ongoing needs.
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