The Care Homes (Wales) (Amendment No.2) Regulations 2003

Amendment of the Care Homes (Wales) Regulations 2002

2.—(1) The Care Homes (Wales) Regulations 2002(1) are amended in accordance with this regulation.

(2) In regulation 5 (service user’s guide)—

(a) in paragraph (2)(b) “and” is omitted;

(b) in paragraph (2)(c) for “.” there is substituted “;”;

(c) after paragraph (2)(c) the following sub-paragraph is inserted—

“(d) where a person other than a service user or the National Assembly requests a copy of the service user’s guide—

(i) make a copy of the current version of the guide available for inspection by that person at the care home; or

(ii) provide such a copy to that person.”.

(3) After regulation 5, the following regulation is inserted—

“Information about fees

5A.— (1) The registered person shall provide to each service user a statement as to—

(a) the fees payable by or in respect of the service user for the provision to the service user of any of the following facilities and services—

(i) accommodation, including the provision of food;

(ii) nursing;

(iii) personal care;

(b) the facilities and services for which the fees referred to in sub-paragraph (a) are payable; and

(c) the method of payment of the fees and the person by whom the fees are payable.

(2) In the case of a service user whose accommodation begins after 7th April 2003, the statement referred to in paragraph (1) shall be provided on or before the day on which he or she becomes a service user.

(3) The registered person shall notify the service user at least one month in advance of—

(a) any increase in the fees referred to in paragraph (1)(a);

(b) any variation in the matters referred to in paragraph (1)(b) and (c).

(4) Subject to paragraph (5)—

(a) where a Health Authority or Local Health Board has informed the registered person that it has decided to make a payment to the registered person in respect of nursing provided (or to be provided) to a service user, the registered person shall inform the service user as to that decision as soon as is reasonably practicable;

(b) where a Local Health Board makes such a payment, the registered person shall provide to the service user a statement as to the date and amount of the payment.

(5) References in paragraph (4) to a payment do not include a payment where—

(a) the Health Authority or Local Health Board has made arrangements with the care home for the provision of accommodation to the service user; and

(b) the payment relates to any period during which under those arrangements accommodation is provided at the care home to the service user.”.

(4) In regulation 39(2)(e) for “children’s home” there is substituted “care home”.

(5) In the English language version of regulation 39(4) for “children’s home” there is substituted “care home”.

(1)

S.I. 2002/324 (W.37), as amended by S.I. 2002/2622 (W.254) and S.I. 2002/2935 (W.277).