DoH considers extra powers to fight fraud

NHS counter-fraud specialists could be given new powers including access to optical clinical records, and even the right to view information by unannounced visits. The possible new legislation is now out for consultation in a Department of Health paper released this week. All those involved, including practitioners contracted to the GOS, are invited to respond to the document. The aim is to reduce police involvement Ð to 'free up valuable police time'. The specialists, it is also suggested, should be placed on a commensurate legislative footing as other organisations that hold relevant information, such as the Audit Commission, Department for Work and Pensions and local authorities. Access to relevant documents, records and data to counter NHS fraud reveals that over 1,500 investigations have been completed by the Department's counter-fraud service since it was established five years ago. It lists some optical fraud in detail. In one case, an optical practitioner made a large number of claims for second and replacement spectacles, pleading guilty to 41 charges, with 765 others charges taken into consideration. However, it admits that in some cases no fraud was found: 'an optician was making a high number of claims to NHS funds for visits to, for example, homes for the elderly to conduct sight tests. Working jointly with the Audit Commission, NHS counter-fraud specialists established that there was no evidence of fraud'. As well as the paper's ideas to give specialists extra powers, the consultation suggests a new criminal offence where information obtained through these is wrongly disclosed. It also proposes a punishment of a level 5 fine (£5,000) or imprisonment for nine months when any NHS body, individual or corporate groups fail to comply with the legislation. Responses to the consultation document, now available on the Department's website, are required to reach the DoH no later than January 10 2005.