Tougher charging regime for “overseas” patients
BMJ 2017; 358 doi: https://doi.org/10.1136/bmj.j4091 (Published 08 September 2017) Cite this as: BMJ 2017;358:j4091- Sarah Steele, senior research associate1,
- Cormac Devlin, intern1,
- David Stuckler, professor2,
- Martin McKee, professor3
- 1Intellectual Forum, Jesus College, Cambridge, UK
- 2University of Bocconi, Milan, Italy
- 3London School of Hygiene and Tropical Medicine, London, UK
- Correspondence to: S Steele ss775{at}cam.ac.uk
Major changes to regulations on charging overseas patients for English NHS services came into force on 21 August with further alterations on 23 October 2017.1 The changes make care provided by NHS hospitals and local government, and in private facilities paid for by the NHS, chargeable, with limited exceptions. The greatest impact will be felt by mental health and community trusts, which until now have been exempted from charging. The government argued that these changes were minor and necessary “to drive a culture change in the NHS to embed identifying and charging overseas visitors and migrants not eligible for free NHS care.”2
Consistent with a recent memorandum of understanding between NHS Digital, the Department of Health, and the Home Office,3 the changes also require those delivering services to NHS patients to collect, match, and share data across government agencies. This process is facilitated by the Home Office, which now flags charging status on NHS systems: a green banner for eligible patients, an amber banner when a decision is pending, and a red banner for patients likely to be chargeable. Providers must charge upfront for all non-urgent care for patients identified as required to pay and notify the Home Office if they incur NHS debt, accompanied by some personal, non-health data to assist immigration enforcement.
Additionally, the changes make those who pay the so called “health surcharge” (a fee levied on visa applications for people from outside the European Economic Area coming to the UK for six months or more) ineligible for free assisted conception services. Although the changes offer little financial benefit to the NHS, they were deemed desirable “to reduce the pool of individuals eligible to access highly sought after NHS funded acute care trusts . . . and thereby benefit UK society.”2
But will they really benefit UK society? We do not believe so. Firstly, they are likely to push migrants away from seeking community and mental healthcare. The experience after the Grenfell Tower fire was telling: some migrants refused care from the NHS because they feared it would harm their status or alert immigration enforcement.4 But migrants are not the only cause for concern; the procedures put in place to identify them may create formidable barriers to people who are entitled to care.5 For example, a flag might suggest someone is ineligible for care, but the person may have recently acquired eligibility or belong to an exempt group, such as victims of human trafficking or domestic violence.
NHS burden
Not all migrants and visitors are required to pay for their care even if they haven’t paid the surcharge. Staff will need to understand the full set of exemptions for vulnerable patients and those detained—10 full pages of the guidance. Healthcare staff, now including those in mental health trusts, will need to take steps to identify patients eligible for exemption. But we know that many staff lack the confidence and training to do so effectively, especially around exemptions for people who have been subject to human trafficking.6 This burden falls on a mental health service that already requires an additional 21 000 staff.7
Furthermore, a recent report from the National Audit Office identified some trusts are paying more to administer the system than they are recovering and cited ongoing objections by healthcare staff and their representative organisations to checking entitlements.8 Staff are concerned that involvement with immigration enforcement betrays the ethics of healthcare practice9 and about the additional workload in an already overburdened healthcare system. Such objections seem well founded, with even the government referring to the system as “chaotic.”41011
Published freedom of information requests suggest that many acute trusts still have no overseas patient management team and are making charging mistakes.12 Mental health trusts are likely to be equally unprepared, and mistakes in mental health may have dire consequences for adults and children who are already highly vulnerable. Many patients needing their care are extremely vulnerable and face formidable obstacles in obtaining that care. The new regulations add further complexity, and the government’s impact assessment is silent on people with mental illness.2
It is difficult to avoid the conclusion that these measures are not really about raising money for a beleaguered health service but rather about contributing to the government’s agenda to “create a hostile environment” for migrants.13 Importantly, the problems could increase rapidly if restrictions expand to cover everyone from the EEA after Brexit. Enforcing the charging of migrants in this way may also sensitise the public to charging in the healthcare system, while laying the groundwork for further privatisation in the future.
Research on the effect of collecting and sharing migrants’ data on their accessing of healthcare is still lacking even as the new procedures come into force. Charging provisions for migrants using the NHS in England aren’t “low impact,” as the government suggests—they will have serious consequences for staff and patients, particularly those in mental health services. The government has fundamentally misrepresented the nature of the changes. Alternatives should urgently be considered.
Footnotes
Competing interests: We have read and understood BMJ policy on declaration of interests and declare that DS receives funding from Wellcome and the European Research Council.
Provenance and peer review: Not commissioned; not externally peer reviewed.
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