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Putting personalisation into practice

 

In response to the recommendations of the NHS Future Forum the Government has confirmed its commitment in the Health and Social Care Bill to give patients more choice and control over their care.

One of the ways it will do this will be by extending the use of Personal Health Budgets across health and social care. Personal Health Budgets are currently being piloted and it appears that they are now here to stay.

Hempsons has been leading the way in advising on the legal issues surrounding personalisation in the health and social care sector, including Personal Health Budgets. For example:

• we worked with five of the pilot sites to develop direct payment mechanisms;
• we delivered a Master Class for the Association of Chief Executives of Voluntary Organisations (ACEVO) and seminars for Capita and Lexis Nexis on the legal aspects of Personalisation;
• we co-produced with ACEVO one of the first guides in this area; and
• our work on personalisation was recognised by the judges in awarding us Health Investor Law Firm of the Year 2010.

We are working with Primary Care Trusts on the pilot programme in putting in place the contractual arrangements required to implement Personal Health Budgets.  We also advise PCTs on governance, top-up and direct payments issues.

Many of our lawyers have dual qualifications making them uniquely placed to understand the complexities of working in health and social care.  We are working with over 170 NHS bodies in England, as well as private providers, general practitioners, dentists and many other healthcare professionals, making Hempsons both highly responsive and cost effective in our approach – getting it right, first time, every time.

Please contact Jamie Foster or Nadya Wolferstan (see below) to discuss how we can help you put personalisation into practice.

Putting personalisation into practice

We advise on the following contractual arrangements which are usually required to establish Personal Health Budgets:

Direct Payment Agreements between a PCT and service user for the delivery of direct payments in compliance with law and guidance including ‘High Quality Care for All: Primary Care and Community Services: Personal Health Budgets: first steps’ (28 Jan 2009).

• Partnership arrangements (where applicable) between the PCT and the Local Authority under section 75 of the NHS Act 2006, where the PCT delegates the making of direct payments for healthcare to a Local Authority.
• Independent User Trusts agreements (IUTs) under which patients receive funds from the PCT which are managed by an IUT for the purchase of their care support.
• Banking arrangements between the PCT and the relevant banking institution for the creation, use and management of patients’ direct payment accounts.

Hempsons is also advising PCTs on the governance and statutory powers of IUTs, top-ups and direct payments in view of the Court decisions of Gunter and Harrison and Garnham.

The combination of our experience of advising on a range of continuing healthcare issues and expertise in relation to mental health care management and capacity issues informs our advice in this area.