ADUC – Health – Article

The fee of the patient admitted to a nursing home because he is seriously ill with Alzheimer’s is entirely burdened by the national health service. In such cases, in fact, it is not possible to separate between the activities of a health nature, the responsibility of the NHS, and those of a hotel/welfare nature, subject to integration by the private sector, considering “their close correlation, with a clear prevalence of the first on the latter, as they are in any case directed to the protection of health“. This was established by the Court of Cassation with order n. 13714 of 18 May 2023 (1).

Therefore, it does not matter that a personalized therapeutic plan had been agreed or in any case envisaged for that individual patient, nor does it matter whether the plan was correctly implemented in accordance with the commitments assumed towards the patient or family members at the time of hospitalization. Detects the need, for the patient, in relation to the pathology from which he was affected (Alzheimer’s disease), of a medical treatment strictly and inextricably correlated with the welfare aspect because it is aimed, through the treatments, at slowing down the evolution of the disease .

In the event that the healthcare services cannot be performed, except jointly with the social-welfare activity, the healthcare nature of the service is valid in any case.

In the presence of multiple disabling pathologies, social care and hotel care therefore lose their welfare nature to become indissoluble with the health service.

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