CFW nursing home members will by now have received from their Health Board notification of ‘interim’ rates for Funded Nursing Care at £140.59 backdated for 2014/5, and £140.90 for 2015/16*. They are said to be ‘interim’ because the Health Boards have decided to undertake a new survey and to develop a ‘revised model of care’ in order to set FNC rates following the judicial review earlier this year.

You may recall that in the Court case, a group of nursing home providers (who are all CFW members) successfully argued that all the Health Boards had set an unlawful FNC rate in 2014. The judge also ruled that the 2013 rate, which was the basic methodology on which the 2014 decision was then based, was unlawful as well.

CFW’s position is that there is no need for the Health Boards to develop a ‘revised model of care’ in order to re-set a fee for 2014/15. The Laing & Buisson survey gave sufficient and robust data not only to set the FNC rate but also an average CHC rate. It is the Health Boards’ choice, not the judge’s ruling, to develop a new ‘model of care’.

Concern over delays and unfair rates continues

CFW is deeply concerned that this will only lead to delay in setting a realistic FNC rate, with the consequent knock-on effect for CHC rates (which in some parts of Wales are paid at less than local authority + FNC levels). A further concern is that, despite saying they are taking steps to implement the judicial review ruling, the Health Boards are still pressing ahead with their appeal to the Court of Appeal. We understand from lawyers that this could take many months to resolve, and is likely to be expensive – not only for the providers involved, but also for the Health Boards, Local Authorities and Welsh Government who are all involved in the case.

CFW is making its concerns known to the Health Boards and their solicitors, especially as the ‘briefing note’ being sent out to providers wrongly suggests that the ‘revised model of care’ was in effect required by the judge in the judicial review. Please feed back to Mary Wimbury or Melanie Minty full details of any difficulties you are experiencing as a result of the Health Boards’ delays in implementing the Judge’s ruling about FNC, and its consequent effects on CHC.

* These may not be exactly the same for all health boards.