National Health Service (Amended Duties and Powers) Bill [HL]
Official Summary
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Overview
This bill amends the National Health Service (NHS) Act 2006 and the Health and Social Care Act 2012 to clarify and strengthen the Secretary of State's responsibilities for the NHS in England. It aims to re-establish a clear legal duty on the Secretary of State to provide a comprehensive and integrated health service, and to give them greater power to direct various NHS bodies.
Description
The bill makes several key changes:
- Secretary of State's Duties: Rewrites the Secretary of State's duty to explicitly state a responsibility to provide or secure the provision of a comprehensive and integrated health service in England, emphasizing the prevention, diagnosis, and treatment of illness. It also reinstates a requirement for services to be free at the point of use except where charges are specifically allowed by law.
- Abolition of Autonomy Duties: Repeals sections of the 2006 Act related to promoting patient autonomy, suggesting a shift in focus towards the provision of services.
- NHS Commissioning Board: Clarifies the commissioning board's role in furthering the Secretary of State's duty to provide comprehensive health services.
- Provision of Services: Adds a new clause requiring the Secretary of State to ensure sufficient accommodation, services, and facilities are available to meet all reasonable requirements.
- Power of Directions: Grants the Secretary of State the power to direct various NHS bodies (including the NHS Commissioning Board, clinical commissioning groups, NHS trusts, and other related organizations) on how they exercise their functions and provide services. This includes specifying the functions to be exercised and setting directions on service provision.
- Monitor's Objective: Amends the 2012 Act to clarify Monitor's objective as contributing to a comprehensive and integrated health service in England, requiring their actions to be consistent with the Secretary of State's duties.
Government Spending
The bill doesn't directly specify changes to government spending. The impact on spending would likely be indirect, depending on the Secretary of State's decisions regarding the direction and provision of NHS services following the bill's enactment.
Groups Affected
- Secretary of State for Health: Increased responsibilities and powers regarding NHS provision and direction of related bodies.
- NHS Bodies (e.g., NHS Commissioning Board, Clinical Commissioning Groups, NHS Trusts): Subject to increased direction and oversight from the Secretary of State.
- Patients: Potentially affected by changes in service provision and prioritization based on the Secretary of State's decisions. The bill's focus on a comprehensive and integrated health service suggests potential improvements in access and quality of care, but this remains to be seen in practice.
- Monitor: Clarification of their objective to align with the overall NHS strategy.
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