Guidance regarding the NHS-funded Nursing Care rate and a care home resident’s overall care fees, can be found in the National Framework for NHS Continuing Healthcare and NHS-funded Nursing Care.
This makes clear that the care home provider should set an overall fee level for the provision of care and accommodation, which should include any registered nursing care provided by them. If an individual is eligible for NHS-funded Nursing Care the clinical commissioning group will pay the NHS-funded Nursing Care rate direct to the care home, unless there is an agreement in place for this to be paid via a third party (e.g. a local authority). The balance of the fee will then be paid by the individual, their representative or the local authority unless other contracting arrangements have been agreed.
Contracts between individuals and/or local authorities, with providers, should have terms and conditions which are transparent and fair, including setting out what happens if a resident is admitted to hospital or what happens if a resident dies.