Guidance on Procurement, Patient Choice, and Competition under Section 75 Regulations
Explore the implications of Section 75 regulations of the Health and Social Care Act 2012, focusing on guidance for commissioners and providers to navigate patient choice, procurement, and competition while upholding NHS standards and patient interests.
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Presentation Transcript
Help inform our response to Monitors consultations on procurement, patient choice and competition Guidance on Section 75 regulations of the Health and Social Care Act 2012
Introduction Monitor is consulting on guidance for commissioners and providers on patient choice, procurement and competition, to help them avoid breaching the rules and regulations These regulations are referred to as the Section 75 regulations, and relate to the Health and Social Care Act 2012 Competition in the NHS needs to be carefully handled to make sure it is used to benefit service users and does not distract from the quality of care This guidance will have an important role to play in the new NHS system
Section 75 regulations The regulations have been controversial RCN members debated them at Congress 2013 and called for Council to increase its lobbying on the issue of competition in the NHS The RCN wants to hear from as many members as possible to make sure your views are reflected in our response to these consultations
Key themes of guidance Adherence to existing legislation (e.g. compliance with patient rights to choose as set out in the NHS Constitution) Monitor cannot change the underlying legislation Commissioner-led approach to competition commissioners decide when or when not to use competition, but they must be transparent about their reasons and process Monitor will take a cost/benefit approach when considering whether the rules and regulations have been broken and if so, which action they will take. This is not just about money, but also a qualitative assessment, and looks at whether patients are affected or not (for good, or bad)
Key questions Do you have concerns about the guidance and any related impact on patients? Do you have concerns about the guidance and any related impact on any specific areas of nursing policy and/or practice? Do you think the guidance provides sufficient reassurance that decisions about the use of competition will be made in the best interests of patients? Do you think that there are sufficient safeguards to ensure that patients are the focus of all our efforts, including regulatory action on competition?
How to respond You can read a more detailed briefing on the consultations, and the full Monitor documents, at www.rcn.org.uk/consultations Email your views to leela.barham@rcn.org.uk Closing date: 21 June
