Primary Care and Community Services
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Our dedicated Primary Care team is at the forefront of primary care advice, providing innovative solutions to implement government policy.
We have regularly advised Primary Care Trusts (PCTs) on all aspects of Primary Care and Community Services. Our specialist lawyers, complimented by Paul Burns, formerly Chief Officer of the NHSLA (FHSAU), providing a unique and practical insight into primary care dispute resolution, list management and pharmacy control of entry.
As well as developing our own APMS template contracts, we advised over 80 of the Equitable Access to Primary Medical Care APMS Contracts in 2008 . We have also been extensively involved in PMS reviews around the country and have developed a new PMS Agreement.
We have recently completed the full externalisation of Provider Services at two PCTs, the second transaction being the first to be assessed and approved by the Co-operation and Competition Panel. That PCT is also considering a request by staff to set up a social enterprise company under the Department of Health’s (DoH) ‘Right to Request’ programme. In Transforming Community Services (TCS) this has been accelerated, all PCTs have to divest their provider arms and all TCS has to be in place by April 2011.
Practice based Commissioning (PbC) was introduced to allow GPs and other frontline clinicians to provide input into the commissioning of primary care services. We have advised GP clients on the implications of PbC since the beginning and continue to do so. We have advised on governance arrangements between GP practices and PCTs, including the drafting and negotiation of framework agreements to set out the rights and responsibilities of the parties. We also manage conflicts of interest where GPs are involved in commissioning decisions. We have helped establish PbC consortia, including in an incorporated form and incentive schemes developed locally by PCTs in relation to PbC. With the new Health White Paper both PCT Commissioning and PbC will be superseded by GP Commissioning and the creation of GP Commissioning Consortia, and we are already advising on it.
Our lawyers also have expertise in continuing care, having advised in the St Helens Borough Council v Manchester PCT case and being regularly consulted with in relation to 'Establishing a Responsible Commissioner' disputes and requests for direct payments in health
Key Services and Issues
- Performers List Management – PCT level and FHSAA appeals
- Contract Management - local dispute resolution and NHSLA (FHSAU) support
- Pharmacy Control of Entry
- Contracting – APMS, GDS, PDS
- PMS Review
- Transforming Community Services
- Continuing Care
- Direct payments
Our Work
- Northamptonshire PCT – Equitable Access
- Barking and Dagenham PCT – Provider Arm externalisation
- Manchester PCT – Continuing Care
Key Contacts
London
Jamie Foster, Partner
t: 020 7484 7594
e: j.foster@hempsons.co.uk
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Manchester
John Fitzpatrick, Associate
t: 0161 234 2461
e: j.fitzpatrick@hempsons.co.uk
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Harrogate/ Newcastle
Philippa Doyle, Associate
t: 01423 724028
e: p.doyle@hempsons.co.uk
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