Health Care Law at Guernsey (Crown Dependency)
Guernsey, as a Crown Dependency, has a distinct healthcare system governed by local legislation and policies. Here's an overview of the key aspects of healthcare law in Guernsey:
🏛️ Regulatory Framework
Guernsey is in the process of establishing a comprehensive and proportionate regulatory regime for health and care services. The Committee for Health & Social Care has proposed creating an independent Commission to oversee this framework, which would include: (Health & Social Care Regulatory & Support - States of Guernsey, Partnership of Purpose - HSC publishes proposals for the future regulation of health and care across the Bailiwick - States of Guernsey)
Professional Regulation: Ensuring that health and care professionals meet established standards. (Partnership of Purpose - HSC publishes proposals for the future regulation of health and care across the Bailiwick - States of Guernsey)
Premises and Systems Regulation: Regulating the facilities and operational systems involved in providing health and care services. (Health and Care Regulation in the Bailiwick - States of Guernsey)
Accreditation and Inspection: Implementing accreditation schemes and conducting inspections to maintain service quality.
This initiative aims to enhance public safety and confidence in health and care services across the Bailiwick of Guernsey. (Partnership of Purpose - HSC publishes proposals for the future regulation of health and care across the Bailiwick - States of Guernsey)
💰 Healthcare Funding and Benefits
The States of Guernsey has reformed healthcare funding to streamline responsibilities: (Reform of Health Care Funding - States of Guernsey)
Transferred functions related to health service benefits from the Committee for Employment & Social Security to the Committee for Health & Social Care. (Reform of Health Care Funding - States of Guernsey)
Replaced statutory provisions under the Health Service (Benefit) (Guernsey) Law, 1990, with non-statutory arrangements managed by the Committee for Health & Social Care. (Reform of Health Care Funding - States of Guernsey)
Amended the Health Service (Benefit) Law to grant the Committee the authority to determine conditions related to pharmaceutical benefits and the supply of medical appliances. (Reform of Health Care Funding - States of Guernsey)
🧬 Organ Donation Law
As of 1 January 2023, Guernsey has adopted a deemed consent system for organ and tissue donation. Under this system, individuals are presumed to consent to organ donation unless they have opted out. It's important for residents to record their decision on the NHS Organ Donor Register and discuss it with their families, as they will still be consulted about organ and tissue donation. (Organ donation law in Crown dependencies - NHS Organ Donation)
🤝 Reciprocal Healthcare with the UK
A Memorandum of Understanding between the UK and Guernsey, effective from 1 January 2023, provides reciprocal healthcare arrangements. This agreement allows residents of both territories to access necessary healthcare during temporary stays in the other, including emergency and urgent services. Pre-authorised treatments, such as dialysis or chemotherapy, are also covered for Guernsey residents referred by the appropriate authority. However, some charges may apply for services like prescriptions. (Memorandum of understanding between the UK and Guernsey on reciprocal healthcare - GOV.UK, UK and Guernsey strike landmark reciprocal healthcare deal - GOV.UK)
🧑⚖️ Carer Status Protection
Guernsey has introduced legislation recognizing "carer status" as a protected characteristic under employment law. This protection applies to individuals who provide regular or frequent care to a close relative with a disability. Employers are prohibited from discriminating against employees based on their carer status, including in areas like flexible working requests and emergency time off. Employers are encouraged to update HR policies and provide training to ensure compliance with this legislation. (Employers Network for Equality & Inclusion - Blogs - Carer Status: The Crown Dependency of Guernsey Sets a Precedent, Carer Status: Guernsey Boldly Goes Where The UK And No Other Crown Dependency Has Gone Before | Appleby)
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