Newsflash: The Next Phase of CQC Regulation

The Next Phase of CQC Regulation – Registration of entities with “direction and control of care”

During the summer 2017, the Care Quality Commission (“CQC”) consulted on a number of proposals to develop their regulatory approach in primary medical care and adult social care services.
The development in primary care is in response to New Models of Care and large, complex providers.

One of the proposals being considered is registration of “all organisations that are accountable for the quality of services…” Where “accountability” means:

“Accountability (either directly or through other legal entities or contractual arrangements) for the carrying on of regulated activities, where that direction or control has the effect of rendering the organisation accountable for the quality and safety of those activities, even where responsibility of delivering care sits with others [our emphasis]”.

It is anticipated that the definition of a “provider of regulated activities” will be widened to include entities who have accountability and such entities will also need to have CQC registration.

The CQC’s proposed criteria for assessing accountability is based on entities:

• responsible for the management and delivery of assurance and auditing systems or processes which are responsible for monitoring, assessing and driving improvement;
• having the ability to hold service providers accountable for delivery of regulated activities;
• responsible for the development and enforcement of common policies; and
• having the right to make employment decisions.

The suggested criteria is broad enough to encompass a number of entities sitting along a care pathway but not responsible for the delivery of care. This might include GP Federations who are commissioned as the lead contractor but subcontract the delivery of ALL care.

In addition, information relating to the “ultimate economic owner” will also need to be provided and this information will be made available to the public.

Further guidance will be available in spring 2018 when we will provide an update.