South Essex Health Authority is seeking legal advice over who should meet the bill for patients in nursing homes.
The detail of its eligibility criteria for NHS care is being scrutinised by solicitors to ensure it is in line with the landmark Court of Appeal case earlier this year when the judge decided a health authority should pay for the care of a disabled woman.
The judgment meant the burden for nursing home costs passed from social services to the NHS, leaving health bosses facing a massive potential bill.
Zena Deayton, director of health and partnership for Essex, said nursing home placements were the responsibility of either health or social services. She said the judgment raised "issues of interpretation of responsibility".
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