Information about changes to Claims Management in response to the COVID-19 outbreak.
Clinical Negligence Scheme for Coronavirus
The Clinical Negligence Scheme for Coronavirus (CNSC) has been established to meet liabilities arising from the special healthcare arrangements being put in place in response to the coronavirus pandemic. Find out more on our dedicated Clinical Negligence Scheme for Coronavirus page. A letter, Clinical negligence indemnity in response to Coronavirus, was sent to providers on 2 April 2020 from NHS Resolution, NHS England and NHS Improvement and the Department of Health and Social Care. Any general queries concerning the arrangements should be directed by email to CNSC@resolution.nhs.uk.
To help clarify how indemnity arrangements will work with regard to NHS staff and Covid-19 vaccinations, we have prepared some frequently asked questions you can view here.
Designated Settings Indemnity Support
The Department of Health and Social Care has launched the Designated Settings Indemnity Support to manage the safe transfer of people who are being discharged from hospitals to care homes and who are infectious with Covid-19. The Designated Settings Indemnity Support, which, following a recent extension, will run up to and including 30 September 2021, will address gaps in insurance for care homes assured by the Care Quality Commission (CQC) as designated settings.
The indemnity support will provide state cover for clinical negligence, employer’s liability and public liability to fill gaps where designated care home settings have been unable to secure sufficient insurance cover. Under the Designated Settings Indemnity Support, care providers will be sub-contracted by NHS Trusts to provide CQC assured Designated Settings services. They will be able to access clinical negligence cover through the Trust’s existing membership of NHS Resolution’s Clinical Negligence Scheme for Trusts (CNST) and employer’s and public liability cover under the new Coronavirus Temporary Indemnity Scheme (CTIS).
The indemnity arrangements will be supervised by DHSC and administered by NHS Resolution. We have published some frequently asked questions about the Designated Settings Indemnity Support here. For more information on the indemnity arrangements, please contact CTIS@resolution.nhs.uk
To assist with the discharge of patients from hospital who require short term step down care, for example those awaiting social care packages, DHSC has worked with some hotel providers to arrange for the use of their premises. Such premises will be treated as the occupant’s temporary residence.
The hotel will be providing public liability and employer’s liability cover under the terms of their existing indemnity arrangements. Any ongoing clinical care, such as blood tests, will be conducted by the community trust in the usual way and covered under our CNST scheme.
Lateral flow community testing
To assist the national Test and Trace programme, indemnity cover is being provided under our CNSC scheme for local authorities who are running lateral flow testing for asymptomatic people. The local authority is commissioned by way of a collaborative agreement with DHSC. Any general queries concerning the arrangements should be directed by email to CNSC@resolution.nhs.uk
Claims processes continue but we are acutely conscious of the pressures the NHS is under in light of the Covid-19 pandemic. Although some claims deadlines are not set by us and are governed by Court rules and protocols, we have been working collaboratively with our teams, legal advisers and system partners to ensure our processes do not interfere with essential and critical patient care.
Letters of Claim
Letters of claim copied to us (as required under the clinical negligence pre-action protocol) should be sent to ClaimsEnquiries@resolution.nhs.uk. Please note, we are not authorised to accept formal service of court documents.
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