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Consultant’s collaborative working arrangements
It is quite common for consultants to join together and work more collaboratively. This can ease the burden of working alone and being solely responsible for all costs and expenses. Working together can alleviate some of that pressure and assist in moving a business forward.
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.
STPs and integrated care roundup w/c 16 April
Hempsons is pleased to bring you the latest in its series of news updates on STPs and integrated care.
Newsflash: Making Sense of Integrated Care
“Our aim is to use the next several years to make the biggest national move to integrated care of any major western country” (NHS England, 2017)
Is your private practice ready for GDPR?
Is your private practice ready for GDPR? The law will change on 25 May 2018 when the European General Data Protection Regulation will come into effect.
Zero hours and annual leave
Many employers choose to calculate holiday pay for their zero hours workers as 12.07% of their normal pay. A recent decision by the Employment Appeal Tribunal, Brazel -v- The Harpur Trust (2018), may lead to some employers rethinking this.
Keeping it in the family: Wholly owned subsidiaries in the NHS
There is an increasing interest in the establishment of wholly owned subsidiaries in the NHS and this article examines the key drivers for this interest, the legal requirements for such new companies and some of the practical issues that Trusts will need to consider.
Newsflash: The Next Phase of CQC Regulation
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.
Poor Performance and Misconduct – Navigating the Minefield
“No man is an island” - this phrase is particularly pertinent in the workplace, given that many of us depend on the skills, experience, expertise or manpower of employees in order to succeed. Whilst employing staff is positive and beneficial for the most part, it also involves issues and potential liabilities, which can be difficult to manage especially for smaller employers with limited resources. This article looks at two common employment scenarios and gives guidance on how best to manage them successfully.
Newsflash: Automatic suspension maintained – first automatic suspension case post NDA
Hempsons acted on behalf of Lancashire Care NHS Foundation Trust and Blackpool Teaching Hospitals NHS Foundation Trust (the “Trusts”) in resisting an application made by Lancashire County Council (the “Council”) to lift the automatic suspension in a procurement challenge. As a result of the claim issued by the Trusts at the end of last year, the Council were automatically suspended from signing the contract with Virgin Care Services Limited (“Virgin”). The Council made an application to lift the automatic suspension. The lifting application was heard on 25 January 2018, and the Court’s judgment has now been handed down.
Government “Naylors” its Estate colours to the mast
In the official response to the Naylor Review, the government has finally acknowledged that world-class healthcare requires world-class property. The government has confirmed that it will: - Establish the NHS Property Board to ensure optimum use of the estate - Deliver strategic estates planning service to support STPs - Invest in training and development creating new career paths - Assist with the provision of additional specialist support - Improve collection and use of data - Encourage take-up across the NHS of accredited training
Efficiency initiatives: key issues to consider
NHS organisations continue to search for ways to improve efficiency and ultimately to save money. The Carter Review provided potential methodologies, and opportunities for savings, and Trusts are implementing various strategies. NHS Improvement has also recently pushed for consolidation in the provision of pathology services with its proposals for new networks of laboratories.
The ‘right to return’ – where GPs suspend their primary care contracts to participate in an Accountable Care Organisation,...
NHS England consulted in the autumn on changes to regulations to support the introduction of Accountable Care Organisations (ACOs). This included consultation on the ‘right to return’, a mechanism designed to provide assurance to GPs considering integrating their services with an ACO.