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Can a care home keep charging a person 28 days after they have died?

The Health and Social Care Ombudsman has taken action against a care home whose policy stated residents were still liable for fees 28 days after they had died. The key guidance and benchmark for care home contracts is the Competition and Markets Authority which states fees can apply for no more than 3 days after a resident dies. The Ombudsman enforced this guidance and stated: ‘The Care Provider’s contract is not in line with CMA Guidance and the Care Provider is at fault for charging for 28 days following Mr D’s death. This has resulted in financial loss.’

Download the full Ombudsman report from here.

Download the CMA care home contracts guidance here.

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