13/01/2022
Briefing Note - Health and Care Act 2021 and 2022
The Health and Care Act is currently winding its way through the UK Parliament. It will have a major impact on the procurement and provision of healthcare services within England. It also addresses some additional issues, such as Data Management, Safety Investigations, Virginity Testing and Pharmaceutical Services.
The major provisions relate to how NHS Trusts and Local Authorities will work together through Integrated Care Boards (ICBs) to define and commission healthcare provision across England. They replace Clinical Commissioning Groups.
When will all this happen?
The legislation is not on the statute book yet, so planning around its implementation is challenging. The NHS has issued guidance saying that 1st July has been agreed for new statutory arrangements to take effect. This is when ICB will be legally and operationally established. This replaces the previously stated target of 1st April 2022.
The July date depends on the Act getting through Parliament in a reasonable time. It contains a wide variety of measures that are likely to be challenged, particularly the element that increases the powers of the Secretary of State for Health and Social Care.
How will Integrated Care Boards work?
Each area will have an Integrated Care Partnership or ICP, a joint committee which brings together the ICB and their partner local authorities, and other locally determined representatives (for example from health, social care, public health; and potentially others, such as social care or housing providers). They will work together to commission services within their area. There will be 42 ICBs across England, replacing over 200 CCGs.
What does it mean for us?
A combination of COVID and the implementation of this legislation has meant that Local Authorities, but particularly CCGs, have stopped commissioning work. Many new initiatives seem to be on hold, or existing contracts are being rolled over. It is likely that there will be a great deal of commissioning activity undertaken in the summer.
An important element of the legislation allows for contracts to be rolled over where the provider is doing a good job.
Is there anything we can do to prepare?
The principles behind this approach are to be person-centred, place-based, and outcomes-focused. This means that organisations need to adapt their values and care delivery to ensure they reflect this. Rooted in the communities you serve, working collaboratively with other organisations to deliver the best outcomes for service users.
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