Data Controller(s)

NHS Sheffield CCG

Purpose

A Personal Health Budget is an amount of money allocated to pay for your health and wellbeing needs agreed between you and your local NHS team.   Personal Health Budgets help people with long term health conditions manage their care and support in a way that suits them. It helps them to have more choice and flexibility in the way their care and support needs are met.   Any adult or child who is eligible for NHS Continuing Healthcare can have a Personal Health Budget if they want one.   There are plans to widen the availability of Personal Health Budgets in the future.

Type of information Used

Identifiable: Personal (such as name, address, date of birth) and Special Category (health information)

Legal basis

GDPR Article 6(1)(e) – processing is necessary for the performance of a task carried out in the exercise of official authority vested in the controller

GDPR Article 9(2)(h) processing is necessary for the purposes of the provision of health or social care or treatment or the management of health or social care systems and services.

Relevant legislation: National Health Service (Direct Payments) Regulations 2013

How we collect (the source)and use the information

Personal Health Budgets are managed in one of three ways or a combination of all three.

• Notional - We tell you have much money is available for your care; you say how you want us to spend the money. If your local NHS team agree this meets your needs they arrange the care and support for you.
• Third Party - An organisation looks after the money for you and you say how you want to spend it. If your local NHS team agrees this meets your needs, the organisation pays for the care and support you have chosen.
• Direct Payments - Once your care plan has been agreed, we give you or your representative the money to buy and manage your own healthcare and support. Your local NHS team must agree that this meets your needs.

You can spend your Personal Health Budget on any care or services that are set out in your care plan and agreed with your local NHS team. You will be able to use your Personal Health Budget for a range of things to help you meet your goals, for example therapies, personal care and equipment. You don’t have to change the healthcare and support that is working well for you, but if there is something that isn’t working, you can change that.

Things you can’t include in your plan will be explained to you at the beginning of the planning process. You will not need to pay for emergency care and care you normally get from a GP.

This process is carried out with the consent of the patient to satisfy the Common Law Duty of Confidentiality.

Data Processors

Sheffield City Council who arrange and administer jointly funded packages of care agreed as part of the PHB scheme.

Your Rights

With regards to Personal Health Budgets under GDPR you have the right:

• To be informed about the processing of your information (this notice)
• Of access to the information held about you
• To have the information corrected in the event that it is inaccurate
• To restrict or stop processing
• To object to it being processed or used
• Not to be subject automated decision-taking or profiling
• To be notified of data breaches

How long we will keep the information

Information relating to Personal Health Budgets where the funding has been granted will be retained as per the standard care records retention set out in the Records Management Code of Practice for Health and Social Care 2016.

Where requests have been rejected information will be retained for 2 years.

Who we will share the information with (recipients)

Sheffield City Council and other health and care organisations involved in delivering or arranging the care required. The third party looking after your money where this has been arranged.