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What to consider when purchasing a care home – The legal aspects
Buying a care home is a complex business transaction which will require considerable time and dedication on your part. Whilst the rewards will no doubt be satisfying, the legal process is not always straight forward and it requires input from specialist legal advisors who are experts in both business law and health and social care law.
Lasting Powers of Attorney – Considerations for providers
An LPA is a legal document registered with the Office of the Public Guardian, which names another (an ‘attorney’) to make best interest decisions on their behalf (‘the donor’). Anyone who currently has capacity can appoint an attorney to make decisions on their behalf, should they lose the capacity to do so themselves in the future.
HSJ shortlist Hempsons for Legal Services Provider of the year award
Hempsons has received more high-profile acclaim for our work on accountable care and system transformation – this time from the Health Service Journal with its first ever HSJ Healthcare Partnership Awards.
GDPR How it affects health and social care businesses
Keeping confidential information about staff and patients secure is a responsibility businesses operating in the health and social care sectors have taken seriously for a long time. But the requirements are about to increase. From May 2018, organisations will need to comply with the General Data Protection Regulation (GDPR), an EU regulation.
Social Care Newsbrief Autumn/Winter 2017/18
Welcome to the latest edition of Hempsons’ Social Care newsbrief, a round-up of some of the hot legal topics in the social care sector.
What are your obligations with The General Data Protection Regulation (GDPR) – are you going to be ready?
Certain types of personal data must be treated with particular care due to the sensitive nature of that personal data. This is of course common sense. ‘Health’ comes under what the ICO (Information Commissioner’s Office) calls the ‘special category’, making it a mandatory obligation to comply with the GDPR and more especially if you work in the health professional field.
Spring social care seminars – a review
Integral to our commitment to the health and social care sector is the provision of free high quality education and training on legal topics for the sector. It was in that vein that we welcomed more than 100 people – mainly social care providers – to our Spring social care seminars held in Harrogate and Manchester.
GDPR – are you ready?
Keeping confidential information about staff and patients secure is a responsibility NHS organisations have taken seriously for a long time. But the requirements on them are about to increase. From May 2018, organisations will need to comply with the General Data Protection Regulation (GDPR), an EU regulation.
Healthcare newsbrief: Winter 2017 edition now available
Welcome to the winter edition of Hempsons’ Healthcare Newsbrief. Many of you will be reading this at the NHS Providers conference where many of the issues we are writing about – from moving towards digital records to the issues around moving to an accountable care organisation – will be either discussed or on the minds of delegates...
“Sleep-ins” – a bad dream?
Sleep-ins have become a difficult and worrying problem for many social care providers in recent years. It is an issue live in current politics and one which is subject to regulatory intervention and litigation.
The end of DOLS?
On 13 March 2017, the Law Commission published its report on the Deprivation of Liberty Safeguards (“DOLS”) with proposals for their replacement.
Client Spotlight – Future Directions CIC
Our client spotlight focuses on Future Directions CIC, a not-for-profit social care provider based in Oldham. Future Directions was originally set up in 2012 as a subsidiary of Calderstones NHS Trust, and spun out to become a separate entity in April 2015. It is a values-based organisation that believes by living out its values it makes a real difference to people’s lives. We spoke to MD Paula Braynion about the organisation’s journey so far, the challenges it has faced, and plans for the future. Paula previously worked in the NHS as a Director of Operations, Deputy Chief Executive and Director of Nursing.
Newsflash: NHS England publishes draft contract for accountable models of care
Following a period of public consultation on the draft MCP contract framework, NHS England has published the first version of a model contract for accountable care organisations (ACOs) for use by both Multi-Speciality Community Provider (MCPs) and Primary and Acute Care System (PACS) led models in the NHS.
Newsflash: New tactics required in intellectual property litigation from the Autumn
There have long been restrictions on owners of certain types of IP making “unjustified threats” of infringement action to third parties. Coupled with the fact that the maker of an unjustified threat (which could include a law firm on behalf of its client!) can face legal action, and a claim for damages; this has always been an area which requires careful consideration.