6th February 2017 – Every NHS trust in England will have to charge foreign patients an upfront fee if they can't prove that they are eligible for free, non-urgent secondary care, the government has announced.
Why is the law being changed and what will it mean for patients?
What is being proposed?
All hospitals in England will have to check whether patients are eligible for free NHS treatment.
The legal change will mean that anyone attending for non-urgent, planned care who doesn't have documents showing they are entitled to free treatment will be asked to pay upfront.
Why is the change being made?
The government's ambition is to recover up to £500 million a year from overseas visitors who are not eligible for free health care.
The NHS says money raised will be reinvested in patient care.
Last week, the Public Accounts Committee said the government had failed to get a grip on recovering the cost of treating overseas visitors, depriving the NHS of vital funds.
In a statement, Jeremy Hunt, the health secretary, said: "We have no problem with overseas visitors using our NHS – as long as they make a fair contribution, just as the British taxpayer does."
What about urgent care?
Overseas visitors needing urgent care will be treated immediately on the NHS.
However, if it's found they are not eligible for free care they may be invoiced afterwards, as is presently the case.
Migrants from outside the European Economic Area (EEA) staying in the UK for longer than 6 months and who pay the immigration health surcharge will not be able to receive free fertility treatment on the NHS.
Exemptions to charging will be in place for vulnerable groups such as refugees and asylum-seekers.
What proof will be needed?
A pilot scheme run by Peterborough and Stamford Hospitals NHS Foundation Trust since 2013 requires all patients to show 2 proofs of identity before undergoing planned treatment.
Appointment letters ask them to bring along their passport or birth certificate, as well as evidence that they are resident in the UK, such as a utility bill or bank statement.
Non-EEA patients are asked to prove that they have paid the health surcharge.
Has the pilot been successful?
On average, the trust has received £350,000 income for the treatment of chargeable patients each year.
According to Stephen Graves, the trust's chief executive: "The funds recouped are invested back into the system to benefit patients. Our approach has not been to the detriment of the high quality patient care and patient experience we are able to provide.
"There has not been any impact on the number of non-UK residents coming through the system for treatment but we do now identify non-eligible patients sooner, and at a higher volume than previously."
When will the change come into effect?
The government says the law will change from April this year.
Regulations requiring all hospital trusts to make the checks will be in place "within months".
Has there been any opposition to the announcement?
The Liberal Democrats have said that Jeremy Hunt is trying to 'scapegoat' foreign patients because of the government's failure to give the health service the extra investment it needs.
The party's leader, Tim Farron, said in a statement: "Asking people to show their ID before receiving treatment will mean longer waits for treatments and heap more pressure on already overstretched NHS staff.
"The government must explain how much it expects the new system will cost to administer and what the impact on patients will be."
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