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Independent Health sector update – Winter 2022/23

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Independent Health sector update – Winter 2022/23

Welcome to the first Newsletter of 2023. We are now well into the new year and, despite the ongoing global uncertainty, we now have some idea of what 2023 will bring.  

In this newsletter, we will be covering the following topics: 

  • News on NHS England’s consultation on proposals to update licensing and regulatory provisions for independent sector providers of NHS services
  • How industrial action by nurses in the NHS impact the social care sector
  • The different approaches being taken to implement community diagnostic centres (CDCs) across the UK, and how the ongoing establishment of CDCs remains a central pillar to the objectives of NHS England over the coming year
  • Exploring value-based healthcare

My thanks go to the contributors to this edition of the newsletter and we have tried to focus on issues of a wider interest - if there is something in particular that you would like to see more (or less!) of then please do let us know.

  • News and views - what you need to know

    More focus on quality for the independent healthcare sector – the latest on NHS England’s proposals for independent providers of NHS services

    NHS England is consulting on proposals to update licensing and regulatory provisions for independent sector providers of NHS services, with particular relevance to those subject to continuity of service (CoS) licence conditions including those likely to be determined to be ‘hard to replace’. Read more

    The unfortunate impact of the NHS strikes on Social Care

    At a time where nurses in the social care sector are paid less than their counterparts in the NHS, how will the industrial action by nurses in the NHS impact the already stretched social care sector? Sandip Khroud and Rebecca Bennett from our Corporate team examine the issue here.

    Increasing NHS diagnostics speed and capacity – the role of community diagnostics centres

    Commercial Health and Real Estate Partners Robert McGough and Andrea Proudlock underline the different approaches being taken to implement community diagnostic centres (CDCs) across the UK, and how the ongoing establishment of CDCs remains a central pillar to the objectives of NHS England over the coming year. Read more 

    Data: Which Direction? – The current reforms and how we got here!

    Despite the proclamations of ‘a new direction’ for data protection over a year ago, and the recent introduction of a new Bill, the legislative process has stalled. The future direction and extent of the reforms are now uncertain, and susceptible to political turbulence. Richard Parker from our Health Commercial team explores how we got here, the uncertainty about which direction we will be heading in next, and the detail of the Bill. Read more  

    Serious breach of contract? Think twice!

    What should you consider before terminating a contract? What does ‘repudiatory breach’ mean? And what options do you as an innocent party have in such a situation? We take a dive into the recent case Vitol S.A. -v- JE Energy Ltd. [2022] EWHC 2494 (Comm) and outline what you need to know regarding the concept of ‘repudiatory breach’. Read more

    Finding value in healthcare

    The issue of healthcare resources outstripping demand is a concern worldwide. This is particularly the case in tax-based and socially funded systems but, no matter the payer model, the need to do more for less is present. One way of attempting to do so is ensuring that best value is achieved when purchasing healthcare products and services, and the concept of value-based healthcare is increasingly discussed. But what does this mean, and how are healthcare systems around the world looking to use value-based principles to solve funding concerns and improve the quality of outcomes achieved for patients? Read more

  • Client news

    Hill Dickinson advises Bellevie Care on fundraise to boost in-home care provision across the UK

    Commercial law firm Hill Dickinson has advised Bellevie Care, a fast-growing provider of in-home care services, on a £2.15 million fundraise. The combination of seed funding and grants will help facilitate the rollout of the company’s award-winning care model across the UK, starting with Northumberland and Oxfordshire. Read more

  • Upcoming events

    Private Healthcare Summit 2023 - LaingBuisson Events

    We are delighted to confirm we are the headline sponsor for this year’s LaingBuisson Private Healthcare Summit. Taking place at the QEII Centre in London on 15 March, we are involved in several panel discussions and will be around the conference throughout the day to assist with any questions or queries you might have. 

    Are you going to be there? Please do reach out to Emma Galland, Jamie Foster or Robert McGough to arrange a time to chat! 

    Mock Inquests Series

    Our mock inquest is going on tour! Our national inquest team is holding a series of mock inquests across our UK offices in early Spring 2023 and we’d be delighted if you could join us.

    The event will focus on the story of Joe Waters, who undergoes surgery at a private hospital, before needing to be rushed by ambulance to the local NHS hospital following post-operative complications. He sadly dies at the hospital and in steps the coroner.

    This is a great opportunity for you and your teams to witness an inquest, learn the processes and what to expect, and share experiences over a light lunch. Our panel of inquest experts, will be on hand to share their knowledge and experiences and answer all of your burning questions.

    Delivering community diagnostic centres: lessons learned from the early schemes and where next?

    As we reach the second year of the government’s three-year investment plan for community diagnostic centres (CDCs), this online event will consider whether they are being progressed quickly or effectively enough to support these aims. If not, why not, what are the stumbling blocks and how do we overcome these? We will discuss our experience of working on a number of flagship CDC projects to date and will hear from some of the key players involved in developing these from across both the NHS and private sector.

    Sustainability Support – our programme for Healthcare and Life Sciences companies

    We have launched our sustainability programme, a free-of-charge series of masterclasses to help you understand and improve performance on the ESG agenda and gain competitive advantage in response to growing pressure from customers, investors and regulators. 

    Delivered in partnership with Yorkshire & Humber Academic Health Science Network, these sessions will touch on the full spectrum of requirements you need to consider, including the most useful data to collect, procurement issues, regulatory planning, reporting in finance and contracting considerations.

    The next session will be live to sign up to shortly, keep an eye on our website for more details!

  • Helpful hints – guides to help you

    Introduction to an ICS: An Overview

    April 2023 marks the start of the first full year of integrated care system (ICS) operation since the Health and Care Act 2022 placed elements of these systems on a statutory footing. Our introduction to an ICS animation provides a bitesize guide to some of the key bodies within the system, the aims they have been asked to achieve and the challenges they face in doing so. If you would like any more information about the points covered in the animation, please contact Emma Stockwell or Jenna Wong.

    Inquests and the press

    Attending an inquest can be a worrying thought for anyone, whether you are there as a factual witness or because the deceased is your loved one. As well as wanting to know what the process is, who will ask questions and what is likely to be discussed, we are frequently asked whether there will be any press there, and what they can print. In this article, Victoria Davies discusses the rights of the press and steps which you can take to reduce your exposure in the media.

Our 250-strong, experienced healthcare team works with providers from across the independent healthcare sector. As a full-service firm providing advice to national and international private hospitals, clinics, independent GPs and other providers, we are well-versed in the issues that health and care sector organisations face and can offer support on any issues arising. Our wider team’s work with the NHS provides unique insight into the opportunities and challenges faced by providers in working with the NHS.

From operational challenges such as MCADOLs, commercial contracting and working time regulations, to strategic advice in areas including integration with the NHS and funding approaches for acquisitive activity, our team and our wider connections with intermediaries in the sector ensures that we are best-placed to support you in helping to deliver outstanding patient care and outcomes.