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by Munro Research

National Health Service (Amended Duties and Powers) Bill


Official Summary

A Bill to re-establish the Secretary of State’s legal duty to provide national health services in England; to amend the provisions of the Health and Social Care Act 2012 relating to Monitor; to repeal the regulations made under section 75 of that Act; to make other amendments to the provisions in that Act relating to competition and provision of private health services; and for connected purposes.

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Overview

This bill aims to amend the National Health Service Act 2006 and the Health and Social Care Act 2012, reinforcing the Secretary of State's responsibility for providing a comprehensive, publicly funded health service based on social solidarity. It seeks to limit the influence of private companies and market forces within the NHS.

Description

The bill makes several key changes:

  • Re-establishes the Secretary of State's duty to provide a comprehensive health service based on social solidarity, clarifying their responsibility and accountability to Parliament.
  • Strengthens the Secretary of State's powers to direct NHS bodies to cooperate and prevent anti-competitive practices, publishing guidance and adjudicating disputes.
  • Clarifies the provision of services, outlining the Secretary of State's responsibility for various services including hospital accommodation, ambulance services, and services for pregnant women and young children.
  • Governs high-security psychiatric services ensuring provision of such services and clarifying the Secretary of State's responsibilities.
  • Limits the income generated by NHS trusts from non-health services, ensuring this remains limited and does not impact the core services.
  • Amends NHS contract regulations, clarifying the process and reducing the influence of private sector contracts.
  • Removes certain competition laws applying to the NHS, promoting a more unified service.
  • Requires Secretary of State's consent for NHS mergers and major asset sales ensuring patient interests are prioritized.
  • Exempts the NHS from the proposed Transatlantic Trade and Investment Partnership (TTIP) treaty, preventing potentially negative consequences.

Government Spending

The bill doesn't directly specify changes to government spending. However, by strengthening the Secretary of State's control over NHS services and limiting the role of private companies, it could potentially affect the allocation of resources within the NHS budget, though the precise financial impact is unclear.

Groups Affected

  • The Secretary of State for Health: Increased responsibilities and powers over NHS provision.
  • NHS Trusts and Foundation Trusts: Subject to increased oversight and restrictions on private sector income and activities.
  • NHS Patients: Potentially benefits from a more unified and socially driven NHS with greater emphasis on core services.
  • Private Healthcare Providers: Potentially reduced opportunities for involvement in NHS provision.
  • Clinical Commissioning Groups (CCGs): Subject to increased direction and oversight from the Secretary of State.
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