All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter examines the provision of health care services. It first considers the way in which NHS services are commissioned. Secondly, it covers the issue of resource allocation or rationing. It examines different rationing strategies, and considers the role of the National Institute of Health and Care Excellence, and the use of judicial review to challenge funding decisions. Finally, it examines public health law, and role of the state in encouraging healthy behaviour and addressing health inequalities.
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This chapter examines the provision of health care services. It first considers the way in which NHS services are commissioned. Secondly, it covers the issue of resource allocation, including the special issues raised by rationing in a pandemic. It examines different rationing strategies, and considers the role of the National Institute of Health and Care Excellence, and the use of judicial review to challenge funding decisions. Finally, it examines public health law, and role of the state in encouraging healthy behaviour and addressing health inequalities.
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This chapter provides an overview of the contemporary health-care environment, with particular reference to the National Health Service (NHS) and its core principles, as well as its constitution. Access to health services, as set out in section 3(1) of the National Health Service Act 2006, is also discussed, together with the quality of care provided for individuals. In addition, the chapter looks at the findings of the Francis Report, which conducted a public inquiry into acknowledged failings in the Mid Staffordshire NHS Foundation Trust, the government response to the report, and the future of the NHS. In addition, there is a section on public health and the COVID-19 pandemic.
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Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter provides an overview of the contemporary healthcare environment, with particular reference to the National Health Service (NHS) and its core principles, as well as its constitution. Access to health services as set out in section 3(1) of the National Health Service Act 2006 is also discussed, together with the quality of care provided for individuals. In addition, the chapter looks at the findings of the Francis Report, which conducted a public inquiry into acknowledged failings in the Mid Staffordshire NHS Foundation Trust, the government response to the report, and the future of the NHS.
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This chapter examines the delivery of community care services. It discusses services for mentally disordered persons; the entitlement, nature, and scope of the duties owed under the National Health Service and Community Care Act (NHSCCA 1990); alternative mechanisms for securing services; and the use of personal budgets and direct payments. The chapter argues that most of the time, local social service authorities and National Health Service bodies do cooperate reasonably well in the delivery of community care services, particularly for service users with learning disabilities. The draft the Care and Support Bill holds the potential to radically simplify the legal framework in which community care services are delivered, making the system more transparent and intelligible to both users and professionals. The increased use of personal budgets and direct payments could empower service users in a way that has not been possible in the past.
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Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter deals with the statutory provisions governing assisted reproduction, with particular reference to the Human Fertilisation and Embryology Act 1990 (as amended) and the Human Fertilisation and Embryology Authority. It also explores the issue of access to services and whether these are available on the National Health Service, together with the ethical and legal issues surrounding the use and storage of gametes and embryos, surrogacy arrangements, and screening of embryos. Relevant court cases are cited where appropriate.
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This chapter deals with the statutory provisions governing assisted reproduction, with particular reference to the Human Fertilisation and Embryology Act 1990 (as amended) and the Human Fertilisation and Embryology Authority. It also explores the issue of access to services and whether these are available on the National Health Service, together with the ethical and legal issues surrounding the use and storage of gametes and embryos, surrogacy arrangements, and screening of embryos. Relevant cases are considered, where appropriate.
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This chapter provides an overview of the characteristics of the contemporary administrative state. It sketches out the essential features of state institutions mainly created under the prerogative power or statute. This includes central government, the National Health Service, local government, the police, and non-departmental public bodies. The chapter is also concerned with explaining the character of the modern administrative state as a ‘contracting state’ which relies increasingly on contractual relationships between government and independent and private service providers. In the light of widespread privatisation, the modern administrative state is discussed finally as a regulatory state.
