header-logo header-logo

To treat or not to treat?

29 October 2009 / Adam Hundt
Issue: 7391 / Categories: Features , Human rights , Community care
printer mail-detail

What happens when migrants can’t pay for treatment? asks Adam Hundt

The NHS (Charges to Overseas Visitors) Regulations 1989 (SI 1989/306) (the regulations) provide that overseas visitors must be charged for secondary care they receive, unless one of the many exemptions in the regulations applies.

Some types of treatment are exempt from charging, eg for infectious diseases such as TB, or STDs, but not for HIV; some types of patient are exempt from charges, eg refugees or people who have been lawfully resident in the UK for more than 12 months; and some types of nationality are exempt, eg people from countries with a reciprocal agreement with the UK.

Interestingly, both primary and secondary legislation in this area concentrates solely on charging for treatment. No mention is made of withholding treatment but the obvious question, once a charging regime comes into being, is what happens when a patient cannot pay?

The Department of Health issued detailed non-statutory guidance on the implementation of the regulations which addressed this problem to some

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

Jackson Lees Group—five promotions

Jackson Lees Group—five promotions

Private client division announces five new partners

Taylor Wessing—Max Millington

Taylor Wessing—Max Millington

Banking and finance team welcomes partner in London

NEWS
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
back-to-top-scroll