A straight answer about your NHS fine? It’s like pulling teeth
A.P. writes: I am a 67-year-old pensioner. Recently I required dental work and was informed by the dental practice there would be no charge. Weeks later though, I received a letter from the Dental Exemption Checking Service of the NHS Business Services Authority, informing me I had received free treatment to which I was not entitled. I was told to pay charges of £233 plus a penalty of £100. I replied that if a mistake had been made, albeit not by me, then I would pay the charges, but it is demanding the penalty as well. YOU have been caught in a trap under NHS rules that assume anyone who does not pay the right fee must be on the fiddle. Those rules are not enforced against dentists who make mistakes, only against patients.
The NHS issues dentists with guidelines entitled: ‘Help your patients get the facts, not a fine.’ They list half a dozen things that dentists should do, including reading the rules on who is entitled to free treatment.
They say: ‘Ask to see evidence of patients’ entitlement and check it thoroughly. Don’t make assumptions. Remember that not all benefits entitle patients to free treatment. Don’t forget that if a patient makes an incorrect claim, intentionally or otherwise, they could have to pay a penalty charge of up to £100.’
Being a pensioner is not enough to exempt anyone from charges, though your dentist may have thought this and it was what you believed after you were assured there would be no fees. So, I asked the NHS what enquiries it made before hitting you with the fine. How did it make sure your dentist had followed its guidelines?
I was told: ‘We don’t comment on individual cases.’ This is nonsense. You had signed a legally binding release, authorising officials to discuss your complaint with me.
The NHS then fell back on putting the blame on you. I was told: ‘It is important for patients to understand that although they may not have deliberately acted wrongfully when they made a claim for a free course of treatment, they do have a duty of care when claiming help with charges.’
‘But doesn’t the dentist also have a duty of care?’ I asked. Did the NHS ever question your dentist? If not, then what is the point in issuing guidelines that are simply not enforced?
Unbelievably, the response was: ‘It is very unfortunate if the practice did misadvise Mr P, so if he can get the practice to send a letter to us confirming that it misadvised him, then of course we will review his case and the application of the penalty.’
This is like the police being given the details of a robber and then telling the victim it is up to them to get the robber to sign a confession. The NHS has gone for the easy target, without even bothering to call your dentist.
In its evidence checking guide, the NHS tells dentists: ‘Your role is crucial.’ But the truth is the opposite. Officials finally admitted to me: ‘We don’t undertake any checks with dental practices.’ Its guidelines are simply not enforced, with one NHS staffer confessing: ‘We’re unable to police whether practices followed these procedures.’
The bottom line is that the NHS says it has no power to ask your dentist anything, while it expects you to get your dentist to admit in writing that he ignored all the guidelines, gave you false advice and landed you with a fine.
If any helpful MP would like to question Health Secretary Jeremy Hunt about this, I will be glad to provide full details.