Reciprocal Health Agreement between the UK Department of Health and Jersey

Information about the publication of Ministerial Decisions

A formal published “Ministerial Decision” is required as a record of the decision of a Minister (or an Assistant Minister where they have delegated authority) as they exercise their responsibilities and powers.

Ministers are elected by the States Assembly and have legal responsibilities and powers as “corporation sole” under the States of Jersey Law 2005 by virtue of their office and in their areas of responsibility, including entering into agreements, and under any legislation conferring on them powers.

An accurate record of “Ministerial Decisions” is vital to effective governance, including:

demonstrating that good governance, and clear lines of accountability and authority, are in place around decisions-making – including the reasons and basis on which a decision is made, and the action required to implement a decision
providing a record of decisions and actions that will be available for examination by States Members, and Panels and Committees of the States Assembly; the public, organisations, and the media; and as a historical record and point of reference for the conduct of public affairs

Ministers are individually accountable to the States Assembly, including for the actions of the departments and agencies which discharge their responsibilities.

The Freedom of Information Law (Jersey) Law 2011 is used as a guide when determining what information is be published. While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.

A decision made 1 April 2011:

Decision Reference: MD-HSS-2011-0012
Decision Summary Title :	Reciprocal Health Agreement between UK Department of Health and Jersey		Date of Decision Summary:	1 April 2011
Decision Summary Author:	Deputy Chief Officer, Health and Social Services		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:
Written Report Title :	Healthcare Arrangement, Dated 1st Day of April 2011 Between The Department of Health and the Minister for Health and Social Services of Jersey		Date of Written Report:	1 April 2011
Written Report Author:	Deputy Chief Officer of Health and Social Services and the Overseas Healthcare Team of the Department of Health, UK		Written Report : Public or Exempt?	Public
Subject: Reciprocal Health Agreement with the UK Department of Health- signing of a new agreement
Decision(s): The Minister agreed to sign the agreement laid out in the Healthcare Arrangement Dated 1st Day of April 2011
Reason(s) for decision: Within the limitations of the agreement, to ensure the provision of free health care for Jersey residents visiting the UK and likewise for UK residents who are visiting Jersey.
Resource Implications: £400k p.a due to the loss of income (Annual charges to UK patients for treatment whilst in Jersey since the cessation of the previous agreement).
Action required: The Greffier of the States is requested to arrange for the attached report to be presented to the States as an ‘R’ at the earliest opportunity.
Signature:		Position: Minister for Health and Social Services
Date Signed:		Date of Decision (If different from Date Signed):

Reciprocal Health Agreement between the UK Department of Health and Jersey

HEALTHCARE ARRANGEMENT DATED THE 1st DAY OF APRIL 2011

BETWEEN

(1) THE DEPARTMENT OF HEALTH

AND

(2) THE MINISTER FOR HEALTH & SOCIAL SERVICES OF JERSEY

WHEREAS:

(A) Following discussions between (1) the Department of Health in respect of England and on behalf of The Scottish Government, the Department of Health and Social Services of Wales, and the Department of Health, Social Services and Public Safety of Northern Ireland (“the United Kingdom”) and (2) the Minister for Health and Social Services of Jersey (“Jersey”), a new reciprocal health arrangement is proposed between the United Kingdom and Jersey (“the Arrangement”);

(B) The UK and Jersey (“the Participants”) recognise the mutual benefits of putting in place new reciprocal arrangements to ensure that their residents can benefit from necessary healthcare treatment whilst visiting the other’s country; and

(C) The Participants are desirous of entering into a reciprocal Arrangement for the provision of health services from 1st April 2011 to lay down the basis of this arrangement.

(D) No public funds are intended to change hands under this Arrangement.

IT IS APPROVED AS FOLLOWS:

Definitions

The following definitions apply to this Arrangement:

“Health Services” means health services provided by the Participant to Residents of its Territory in accordance with its national legislation;

“Participant(s)” means the United Kingdom and Jersey or either of them as applicable;

“Resident” means, in relation to a Territory, a person who is ordinarily resident in that Territory;

“Territory” means, as the case may be, the territory of the United Kingdom, or the territory of the island of Jersey:

“Treatment” means treatment the need for which arose during the visit and comprises—

(a) diagnosis of symptoms or signs occurring for the first time after the Visitor’s arrival in the host Territory; or

(b) treatment which, in the opinion of a medical or dental practitioner providing Health Services pursuant to the national legislation of the host Participant, is required promptly for a condition which—

(i) arose after the Visitor’s arrival in the host Territory;

(ii) became acutely exacerbated after the Visitor’s arrival; or

(iii) but for the treatment would be likely to become acutely exacerbated after the Visitor’s arrival;

“United Kingdom” means England and Wales, Scotland and Northern Ireland;

“Visitor” means, in relation to a Territory, a person whose stay in that Territory has not exceeded and is not expected to exceed three calendar months.

Commencement And Duration

This Arrangement will come into operation on 1st April 2011 and will continue until terminated pursuant to paragraph 7 of this Arrangement.

Entitlement to free Health Services

3.1 The provisions of this Arrangement apply to Health Services that are provided by the host Participant to a Visitor on or after 1 April 2011 until such time as the Arrangement is either amended or terminated.

3.2 Each Participant will provide access to Health Services consisting of Treatment, to Visitors to its Territory who are Residents of the Territory of the other Participant.

3.3 Treatment shall be provided to the Visitor free of any charge to the Visitor, subject to any charges, such as prescription or dental charges, which are also payable by Residents of the Territory in which the Treatment is provided.

3.4 No charge shall be made by one Participant to the other for Treatment provided pursuant to this Arrangement.

Exclusion of travel for the purpose of receiving Health Services

4.1 This Arrangement does not apply where a Resident of one Territory visits the other Territory for the purpose of being provided with Health Services there.

4.2 This Arrangement also does not apply where a Resident of one Territory is referred to the other Territory for treatment by prior agreement under administrative arrangements between the Parties, which shall include terms as to payment.

Expenses

Each Participant shall bear its own costs of complying with this Arrangement; there shall be no reimbursement between the Participants.

Disputes

The Participants agree to use their best endeavours to settle any disputes over the interpretation or application of the Arrangement by direct negotiations.

Variation and termination

7.1 The Participants may vary or terminate this Arrangement at any time by mutual agreement.

7.2 Either Participant may terminate this Arrangement by giving not less than 12 months notice in writing to the other Participant (“the Notice”). The Notice shall be delivered by hand, sent by prepaid recorded delivery or registered post to the address following (relevant) address:

(a) The United Kingdom

Address:

The Department of Health

79 Whitehall

London

SW1A 2NS

Attention: Parliamentary under Secretary of State for Public Health

(b) Jersey

Address:

Health and Social Services Department

Peter Crill House

Gloucester Street

St Helier

Jersey

JE1 3QS

Attention: Deputy A E Pryke Minister for Health and Social Services

Signed by the Parliamentary Under Secretary of State for Public Health (for the UK):

Signed by the Minister (for Jersey):