NHS Provider Selection Regime 2023 Regulations
"Learn about the NHS Provider Selection Regime Regulations 2023, effective from January 1st, 2024. Discover which authorities are affected, how it relates to the Procurement Act, compliant procurement processes, and detailed insights into Direct Award Processes. Stay informed to navigate healthcare service contracts effectively."
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Presentation Transcript
Overview The Health Care Services (Provider Selection Regime) Regulations 2023 ( PSR ) Took effect on 1st January 2024 Covers Relevant Authorities when awarding contracts for healthcare services Healthcare services defined in the Health and Social care Act 2012 Common sense really includes mental health services but does not include social care Does not include goods and non-healthcare services, such as medicines, medical equipment, cleaning , catering or business consultancy services, even closely related to delivery of healthcare Page 2 wardhadaway.com
Who does it apply to? Relevant Authorities NHS England Integrated Care Boards NHS Trusts NHS Foundation Trusts Local Authorities Combined Authorities Page 3 wardhadaway.com
How does this relate to the Procurement Act Healthcare services are excluded from the Procurement Act The previous NHS Procurement, Patient Choice and Competition Regulations are now repealed Page 4 wardhadaway.com
What are the compliant procurement processes now? Five processes: Direct Award Process A Direct Award Process B Direct Award Process C Most suitable provider process Competitive process Page 5 wardhadaway.com
Direct Award Process A MUST be followed when the following conditions apply: There is already an existing provider of those healthcare services; and The authority is satisfied that those services can only be provided by that existing provider Examples include emergency services, such as A&E, ambulance services and mental health crisis services Page 6 wardhadaway.com
Direct Award Process B MUST be followed when the following conditions apply: Healthcare services are of a nature where patients are offered a choice of providers The authority does not restrict the number of providers The authority will award contracts to all providers who meet their requirements There is a mechanism that allows providers to express an interest Examples include elective surgery Page 7 wardhadaway.com
Direct Award Process C MUST be followed when the following conditions apply: A or B are not required An existing contract is due to expire and the authority intends to offer a new contact on expiry The new contract will not be substantially different The existing provider is performing the contract and it is likely they will continue to do so to a sufficient standard Page 8 wardhadaway.com
Most Suitable Provider Only used if A or B do not apply and the authority does not wish to use Process C Authority must be of the view that it is likely to be able to identify the most suitable provider without running a competition Must take into account all relevant information that is available to it. Page 9 wardhadaway.com
Notices/transparency Direct Award Processes A and B must publish an award notice after the contract is entered into. Direct Award Process C Authority must also publish a notice of intention to award before the contract is entered into that triggers a standstill period Most Suitable Provider Process In addition the authority must publish a notice at the start setting out its intention to follow this process Similar requirements for the competitive process Page 10 wardhadaway.com
Independent Patient Choice and Procurement Panel Established by NHS England Power to review and give guidance in relation to procurements of healthcare services But NOT in relation to Direct Award Processes A and B Bidders can refer decisions to the panel where there is a standstill period The Panel s powers are limited only guidance. Ultimately, an aggrieved bidder could consider a claim for Judicial Review in the High Court Page 11 wardhadaway.com
Thank you Ward Hadaway @WardHadaway wardhadaway.com
