Overview

The Health and Social Care Act 2008 created the Care Quality Commission (CQC), a body responsible for regulating health and social care services in England. It also made provisions for regulating health professions, improving public health protection, and introducing a health in pregnancy grant.

Description

The Act established the CQC, dissolving the Commission for Healthcare Audit and Inspection, the Commission for Social Care Inspection, and the Mental Health Act Commission. The CQC's main objective is to protect and promote the health, safety, and welfare of those using health and social care services. Its functions include registering service providers and managers of regulated activities (defined by the Secretary of State), conducting reviews and investigations into the quality of services, and transferring some functions under the Mental Health Act 1983.

Registration

The Act introduced a requirement for registration of persons carrying out regulated activities, aiming to ensure the quality and safety of these services. It outlines the application process, conditions of registration, procedures for cancellation or suspension, and appeals processes.

Quality of Care

The CQC is mandated to conduct reviews of NHS care, adult social services, and the exercise of functions by English health authorities. The act establishes periodic reviews, special reviews, and investigations, with reports published following each. The act outlines processes for addressing failings found during reviews.

Public Health

The Act introduced new provisions to Part 3 of the Public Health (Control of Disease) Act 1984 to improve public health protection, including measures to prevent the spread of infection and contamination.

Health in Pregnancy Grant

The act introduced a lump-sum payment to women in connection with their pregnancy. This grant is subject to conditions such as receiving maternal health advice and being in Great Britain (or Northern Ireland).

Government Spending

The Act resulted in increased government spending to fund the establishment and operation of the CQC, the Office of the Health Professions Adjudicator (OHPA), and related administrative costs. Specific figures for the overall increase in government expenditure are not provided in the bill text.

Groups Affected

• Healthcare service providers: Subject to registration and regulation by the CQC, potentially impacting their operational costs and practices.
• Social care service providers: Similarly affected by the CQC's regulatory powers.
• Health professionals: Subject to the OHPA's regulatory processes affecting fitness to practice.
• Service users and their families: Potentially benefitting from improved safety and quality of care.
• Government: Increased financial responsibilities for funding the new regulatory bodies and related initiatives.
• Local authorities: Increased accountability and potential for interventions by the CQC in relation to adult social services.
• Pregnant women: Eligible for the new health in pregnancy grant.

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