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SWB Brexit Bulletin – 12 April 2019

April 12, 2019

Welcome to this week’s Trust Brexit Bulletin, to keep you up to date with the latest information relating to health care services as we prepare for exiting the EU under a deal or no deal scenario.

Updated guidance on overseas charging for NHS services

On 8th April the Department of Health and Social Care published further guidance on changes to regulations that would affect how costs are recovered should the UK leave the EU with no deal.

In a no deal scenario visitors from the European Economic Area (EEA) or Switzerland who visit the UK will not be covered for healthcare in the same way that they are now. There will be no change to rules relating to visitors or migrants from outside the EU. Services that we do not currently charge for will remain exempt from changes. This includes accident and emergency services and GP services.

The changes outlined below will only happen if the UK leaves the EU with no deal and will only apply in England.

EEA and Swiss citizens living in the UK

  • Remain eligible for free NHS care, even if they arrive after the UK leaves the EU

EEA and Swiss citizens who move to the UK after exit day

  • To be eligible for free NHS care, citizens must meet the ordinarily resident test and hold European Temporary Leave to Remain from the Home Office once freedom of movement ends
  • Irish citizens will only need to meet the ordinarily resident test

EEA and Swiss citizens visiting or studying in the UK

  • Not eligible for free NHS care unless there is a healthcare agreement in place with their country of residents or they are accessing an exempt service (eg accident and emergency).
  • If the visit to the UK starts before exit day there would not be charges for the length of their temporary stay (eg until the end of a holiday or end of their education / training)

EU visitors with authorisation for planned treatment

  • Eligible for treatment without being charged, even if treatment takes places after exit day

EEA or Swiss citizens working as frontier workers

  • Eligible for treatment without being charged

People living in the EU whose healthcare is funded by the UK under current EU reciprocal arrangements

  • Eligible for free NHS care in England when returning temporarily (eg to visit friends and family)

These changes would come into force immediately after exit day should the UK leave the EU with no deal.

For more detail on the recent guidance please go to https://www.gov.uk/guidance/overseas-visitor-charging-guidance-for-nhs-service-providers-on-updates-to-regulations

If you have any questions or concerns about our preparedness please contact our Senior Responsible Officer for Brexit, Toby Lewis, Chief Executive on tobylewis@nhs.net