Medical billing
United Kingdom — NHS charging, overseas visitor invoices and private healthcare
United Kingdom
- Rule id
- medical.gb
- Version
- 1.0.0
- In force from
- April 6, 2015
- Last read against its sources
- August 5, 2026
- Countries bound
- United Kingdom
In plain language
What this regime says.
NHS care is free at the point of use by statute. Charges are only lawful where an enactment expressly allows them, and the main one — the Overseas Visitor Charging Regulations — applies only to people who are not ordinarily resident in the UK. Private care is a consumer contract governed by the Consumer Rights Act.
Who is covered
Anyone treated in the United Kingdom, and anyone paying for care here.
What you get
Withdrawal of a charge that should not have been made; NHS funding of a whole care package where a primary health need is established; and a reasonable price for private care where no price was agreed.
Where claims go wrong
- Paying an overseas visitor invoice to avoid trouble with immigration, without first checking ordinary residence.
- Paying care home fees for years without ever asking for an NHS Continuing Healthcare assessment.
- Agreeing to private treatment without a written fee schedule from the consultant and from the hospital, which are usually separate bills.
Authority
Every citation,
with its pinpoint.
- National Health Service Act 2006, s. 1(4)National Health Service Act 2006URL verified 2026-08-05s. 1(4) — the services provided as part of the health service in England must be free of charge except in so far as the making and recovery of charges is expressly provided for by or under any enactment
- National Health Service (Charges to Overseas Visitors) Regulations 2015 (SI 2015/238)Statutory Instrument 2015 No. 238URL verified 2026-08-05Regulations 3 and 9 and Schedule 1 — the duty to make and recover charges from an overseas visitor, the exemption for those who are ordinarily resident, and the services and categories of person exempt from charge
- Consumer Rights Act 2015, ss. 49 and 51Consumer Rights Act 2015URL verified 2026-08-05s. 49 — a service must be performed with reasonable care and skill; s. 51 — where a price is not agreed in advance, the consumer must pay a reasonable price and no more
- National Health Service Commissioning Board and Clinical Commissioning Groups (Responsibilities and Standing Rules) Regulations 2012 (SI 2012/2996), Part 6Statutory Instrument 2012 No. 2996URL verified 2026-08-05Part 6 — NHS Continuing Healthcare: assessment, eligibility and the right to an independent review
Sources
Where a figure is indexed, converted or published by a regulator rather than fixed in the instrument, the provenance is recorded separately. Anything marked as a modelled estimate is exactly that — a model, not a statutory number.
- Private Healthcare Market Investigation Order 2014 — information and price transparency remediesCompetition and Markets Authorityretrieved 2026-08-05
- Make a complaint about the NHSParliamentary and Health Service Ombudsmanretrieved 2026-08-05
What it imposes
Clocks, defences and the ladder.
What it entitles you to, beyond money
- Withdrawal of an overseas visitor invoice issued to an ordinarily resident patientWrite to the trust's overseas visitor manager, set out the facts that establish ordinary residence, and ask for the charge to be cancelled and any payment refunded. Ask for the trust's written reasons if it refuses.
- An NHS Continuing Healthcare assessment, and an independent review if refusedRequest a Checklist from the integrated care board. If the outcome is negative, ask for the local resolution process and then an independent review panel through NHS England.
- A reasonable price for private care where none was agreedConsumer Rights Act 2015, s. 51. Ask for the fee schedule that should have been given before treatment.
Where to take it next
- Write to the trust's overseas visitor manager or to the private providerSet out the facts, ask for the charge to be withdrawn, and ask for the written policy or fee schedule relied on. Keep it to the billing question — the trust does not need your clinical history to answer it.Claim directtypically 28 days
- NHS complaints procedure, or the private provider's complaints processEvery NHS body has a statutory complaints procedure with a duty to respond. Private hospitals that subscribe to ISCAS have a three-stage process ending in independent adjudication.Internal appealtypically 40 days
- Parliamentary and Health Service Ombudsman, or ISCAS for private careBinding on themThe PHSO reviews NHS complaints once the local process is exhausted. For private care, ISCAS adjudication is binding on subscribing providers and free to the patient.Ombudsmantypically 180 daysofficial page
- County court small claims trackBinding on themFor a private billing dispute, the small claims track handles sums up to the current limit without a lawyer and without exposure to the other side's costs in most cases.Small claimstypically 180 days
Documents
What this regime can produce.
The same claim type elsewhere
Other rights in the same countries
Does this one reach your facts?
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Not a law firm. Not legal advice. You send it yourself. This page describes a law; it is not advice about your situation and no outcome is promised.