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by Munro Research

Health and Social Care Act 2012


Official Summary

To establish and make provision about a National Health Service Commissioning Board and commissioning consortia and to make other provision about the National Health Service in England; to make provision about public health in the United Kingdom; to make provision about regulating health and adult social care services; to make provision about publicinvolvement in health and social care matters, scrutiny of health matters by local authorities and co-operation between local authorities and commissioners of health care services; to make provision about regulating health and social care workers; to establish and make provision about a National Institute for Health and Care Excellence; to establish and make provision about a Health and Social Care Information Centre and to make other provision about information relating to health or social care matters; to abolish certain public bodies involved in health or social care; to make other provision about health care; and for connected purposes.

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Overview

This bill makes numerous amendments to the Health and Social Care Act 2012, primarily clarifying and strengthening the responsibilities of the Secretary of State and the NHS Commissioning Board, introducing new duties related to education and training, and improving transparency and accountability within the NHS.

Description

The amendments cover a wide range of issues. Key changes include:

  • Secretary of State's Responsibilities: The bill reinforces the Secretary of State's accountability to Parliament for the NHS in England, and introduces a new duty to consider the NHS Constitution when exercising functions.
  • NHS Commissioning Board's Responsibilities: The bill clarifies the Board's duties, including a new duty to promote education and training and to prioritize duties under section 1(1) of the 2006 Act in case of conflict.
  • Clinical Commissioning Groups (CCGs): The bill imposes new duties on CCGs, including maintaining registers of interests and managing conflicts of interest, promoting education and training, and having regard to the Secretary of State's and the Board's duties.
  • Provider Treatment Review: The Secretary of State is required to report to Parliament on the treatment of NHS healthcare providers (including taxation) and keep this under review.
  • After-care: Amendments to the Mental Health Act 1983 clarify the responsibilities for after-care, transferring responsibilities from Primary Care Trusts to CCGs or the NHS Commissioning Board.
  • Monitor's Responsibilities: The bill clarifies and strengthens Monitor's responsibilities, including its duties regarding mergers and acquisitions of NHS foundation trusts and its requirement to have regard to specific guidance from the Secretary of State.
  • Healthwatch England: Amendments clarify the roles and responsibilities of Healthwatch England, including its membership and reporting requirements.
  • Local Authorities: The bill clarifies the role of local authorities in relation to their directors of public health and the provision of services.
  • NHS Foundation Trusts: The bill imposes a new requirement that NHS foundation trusts prioritize income from NHS services and provides further requirements about transparency relating to their income.
  • Information Centre: New clauses deal with the Information Centre's responsibilities regarding data collection and dissemination, focusing on appropriate measures to protect confidential information.

Government Spending

The bill doesn't directly specify figures for increased or decreased government spending. However, the new duties and responsibilities placed on various NHS bodies might lead to additional administrative costs or necessitate reallocation of resources. The long-term effect on government spending is uncertain and would depend on the implementation of these amendments.

Groups Affected

  • Secretary of State for Health: Increased responsibilities and accountability.
  • NHS Commissioning Board: Enhanced duties and responsibilities.
  • Clinical Commissioning Groups (CCGs): New duties regarding transparency, conflict of interest, and education and training.
  • NHS Foundation Trusts: New requirements for financial transparency and prioritisation of NHS services.
  • Healthcare Providers: Subject to a review of their treatment regarding matters such as taxation.
  • Local Authorities: Clarified roles and responsibilities regarding public health and service provision.
  • Patients: Potential indirect benefits from improved transparency and accountability within the NHS.
  • Healthwatch England and Local Healthwatch organisations: Clarified roles, responsibilities, and processes.
  • The Health and Social Care Information Centre: New responsibilities related to data collection, and dissemination of data, including regulations about confidential data.
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