Independent Health sector update - June 2022

Procuring healthcare services  – the Provider Selection Regime – where are we now and what will it mean for the independent sector?

Linked to and enabled by NHS reforms contained within the Health and Care Act 2022, the government plans to replace current rules for procurement of healthcare services with a new ‘provider selection regime’ later this year. While consultations have been under way on the new regime for some time, the most recent development in this area is the release of a new consultation by the Department of Health and Social Care considering some of the detail of the regulations underpinning the new regime.

The proposals present some risk for independent sector providers, but also opportunity, as Esther Venning and Gemma Badger explain in this article.
 

Taking Liberties – first thoughts on the Liberty Protection Safeguards (LPS) Consultation for the independent health and care sector

The draft Code of Practice for the Liberty Protection Safeguards – to replace the Deprivation of Liberty Safeguards (DoLs) – is now out for consultation until 7 July 2022. There will be lots to read and digest, but here are some first thoughts from Ben Troke, Partner in our Healthcare Advisory team.
 

NHS Integration focus - Place – what is it and where does the independent sector fit in?

Within the NHS some key recent news is that the Health and Care Bill is now an Act signalling full steam ahead to 1 July 2022 when many elements of NHS structural reforms, including the dissolution of more than 100 Clinical Commissioning Groups (CCGs) and formation of 42 Integrated Care Boards (ICBs) inheriting CCG functions, will take effect. 

Outside of the Act, a number of other non-statutory entities are also being developed in the run up to July with a key role to play in delivering the reforms. One such entity is the Place-based Partnership (PBP). But what is Place, and where might independent sector providers to the NHS and broader public sector fit in? Gemma Badger from our Healthcare Commercial team gives you the information you need here. 
 

New guidance and model contract for public sector bodies buying complex data and technology services

The Cabinet Office and the Government Legal Department has published a new Model Services Contract (version 2.0). This replaces the previous Model Services Contract core terms (version 1.7) and accompanying Schedules (version 1.9). The Model Services Contract version 2.0 is intended to be used by government bodies for complex and high-risk services contracts with a total contract value over £20 million.

The new version reflects developments in government policy, regulation and the market. David Baines and Caroline Lorkin, from our Healthcare Commercial team, examine the changes and what this means for those providing data and technology to the NHS.
 

The future UK prospectus regime

The UK government is seeking to undertake a significant overhaul of the UK public markets regime to enable companies to better access funding, and to maintain London’s historic status as a leading financial centre for capital markets.

Reforming the current UK prospectus regime is at the heart of the UK government’s proposals for reform. In this article, our Corporate team consider recent developments and proposed changes to the current regime.
 

Buyer unaware? Seller beware!

Whilst a prudent buyer should always take legal advice prior to purchasing a property (at auction or otherwise) and due diligence should be carried out to identify any defects in title, the decision in the SPS Groundworks case highlights that sellers need to ensure that the known defects are fairly brought to the attention of potential buyers.

Charlotte Flanders, from our Real Estate team, delves into what you need to know following the case.

Liberty Protection Safeguards

Thursday 23 June 2022
Online webinar

Please join us on 23 June 2022 for the next in our series of webinars in preparation for the implementation of the Liberty Protection Safeguards.

We will share with you the latest news and developments, including a closer look at some of the key issues arising from the Code of Practice, while the consultation is open (until 7 July 2022). Book now
 

Summer employment law review

Wednesday 29 June
Online webinar

Partners Fiona McLellan and James Upton from our Health Employment team will give you a clear and concise update of employment law developments, and provide you with practical guidance and advice on what these developments mean for your business and what you need to do to stay compliant.

The Summer 2022 employment law review will include:

• An employment law update: covering the most important recent employment law developments and what to watch out for this year and beyond 
• Recruitment – avoiding the common legal pitfalls: in a buoyant recruitment market, we take a look at the legal risks and pitfalls which can arise when recruiting staff and tips for avoiding them

This session is aimed at HR professionals, in-house lawyers and those with responsibility for people management within their organisation. Book now
 

Care Management Matters Insight Leeds Care Conference

Thursday 30 June 2022
Outlon Hall, Leeds

Paul Appleton, Senior Associate from our Healthcare Advisory team and Philippa Henderson, Associate in our Healthcare Real Estate team, will be attending the Care Management Matters Insight Leeds Care Conference at Oulton Hall, Leeds. 

The day will include presentations from high-level sector representatives, along with an exhibition and a choice of interactive workshops. There are also networking opportunities with senior decision-makers from the independent care and support sector.
 
Both Paul and Philippa would be delighted if you would like to get in touch with them at the event, tickets are available here.
 

UK Care Week Conference 

Wednesday 6 – Thursday 7 July 2022
NEC Birmingham

Sion Davies, Legal Director in our Healthcare Advisory team will be attending the UK Care Week Conference on Wednesday 6 July at NEC Birmingham.

This is an inclusive two-day event that unites the care industry and provides a platform to connect, network and raise the profile of care professionals across the UK.

Tickets to attend are free and available here.