NHS England has now revised its guidance on establishing the responsible commissioner for those entitled to s117 services in an attempt to avoid CCGs "passing the parcel" to another, seen as a factor inhibiting discharge. The new guidance amends paragraphs 33 and 34 in "Who Pays" for those discharged after 31 March 2016. Crucially if a patient is resident in CCG A but is discharged to CCG B after 31 March 2016, CCG B must work with CCG A, but it is CCG A who retains responsibility to pay for the patients' aftercare along with the local authority. This aligns the process for establishing the relevant CCG more closely with the process for establishing the relevant local authority and may help in providing continuity of care.
This paper provides an: Update on the progress in reviewing the responsible commissioner ‘Who Pays’ guidance as related to persons detained under the 1983 Mental Health Act, and Amendment to the NHS England ‘Who pays? Determining responsibility for payments to providers’ guidance effective from 1st April 2016, with no retrospective impact on existing individuals in receipt of section 117 aftercare services and their commissioners.