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| | | Mandatory incident reporting and patient safety management systems |
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| To move the following Clause:— |
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| | | ‘In section 20 of the Health and Social Care Act 2008 (regulation of regulated |
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| | | activities), after subsection (3)(k) insert— |
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| | | (l) | impose requirements as to the reporting by all providers of |
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| | | regulated activities to the affected persons or their representative |
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| | | and family of incidents occurring in the carrying out of such |
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| | | activities which lead to the— |
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| | | (ii) | unexpected deterioration of condition; and |
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| | | (iii) | introduction of a new adverse condition |
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| | | | in respect of the person, regardless of the severity of the new |
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| | | condition and the short and long term impact on the person; |
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| | | (m) | impose a requirement for the preparation and publication by all |
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| | | providers of regulated services of a safety management system |
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| | | Funding and remuneration of home care workers |
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| | | To move the following Clause:— |
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| | | ‘(1) | The Secretary of State shall establish an independent review of the funding and |
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| | | remuneration of home care workers with a view to a report making |
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| | | recommendations regarding— |
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| | | (b) | remuneration of travel time, |
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| | | (c) | remuneration of travel costs, |
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| | | (d) | minimum time required properly to fulfil each of the care tasks and duties |
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| | | (e) | establishment of an efficient means of recording arrival and departure |
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| | | times at residential settings, and |
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| | | (f) | the charging basis of the agency employing the care worker with a view |
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| | | to ensuring that all the costs of providing for (a) to (e) above are |
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| | | (2) | The Secretary of State shall lay a copy of the report of the review mentioned in |
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| | | subsection (1) before each House of Parliament.’. |
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| | Clause 1, page 2, line 5, at end insert— |
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| | | ‘(j) | the right to living independently and being included in the |
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| | Clause 5, page 6, line 2, leave out from ‘must’ to end of line 4, and insert— |
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| | | ‘(a) | have regard to the need to ensure that sufficient services are available for |
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| | | meeting the needs for care and support of adults in its area and the needs |
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| | | for support of carers in its area; and |
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| | | (b) | ensure that the fee levels provided to independent providers for the |
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| | | delivery of care and support services are derived from a national formula |
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| | | which determines the accurate cost of care in each local authority area, |
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| | | the result of which will mean that the provisions of paragraphs (2)(b), (d), |
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| | | (e) and (f) can be delivered effectively.’. |
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| | Clause 12, page 11, line 31, at end insert— |
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| | | ‘(aa) | require the local authority, when carrying out the assessment, to capture |
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| | | an individual’s main and other disabling conditions.’. |
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| | Clause 17, page 16, line 40, leave out ‘will not’ and insert ‘is not permitted to, or |
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| | Clause 17, page 17, line 4, leave out ‘will not’ and insert ‘is not permitted to, or |
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| | | Clause 24, page 22, line 39, at end insert— |
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| | | ‘(3A) | The Secretary of State shall, after suitable consultation, establish by regulation a |
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| | | specified timeframe for the conclusion of the steps required of local authorities |
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| | | by virtue of this section.’. |
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| | Clause 26, page 25, line 5, at end insert— |
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| | | ‘(4) | Regulations may make provision for excluding costs to a local authority from a |
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| | | personal budget if the costs are incurred in meeting needs for which the |
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| | | (a) | does not make a charge, or |
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| | | (b) | is not permitted to make a charge.’. |
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| | | Clause 27, page 25, line 8, leave out ‘keep under review generally’ and insert |
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| | | Clause 27, page 25, line 42, at end insert— |
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| | | ‘(5A) | The Secretary of State shall, after suitable consultation, establish by regulation |
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| | | appropriate arrangements and timetable for the regular review of care and support |
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| | | plans and of support plans by local authorities provided for in subsection (a).’. |
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| | Clause 34, page 31, line 5, after ‘amount’ insert ‘or loan’. |
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| | Clause 34, page 31, line 7, after ‘amount’ insert ‘or loan’. |
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| | Clause 42, page 38, line 24, at end insert— |
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| | | ‘(2A) | There are different types of abuse, as defined in guidance.’. |
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| | Clause 42, page 38, line 29, at end add— |
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| | | ‘(4) | A relevant partner, as defined in section 6(7) has a duty, where it has reasonable |
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| | | cause to suspect a person is an adult at risk of abuse or neglect, and the adult |
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| | | appears to be within the local authority’s area, to inform the local authority of that |
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| | Clause 72, page 64, line 31, at end insert— |
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| | | ‘(k) | investigations into things done or not done by a person or body with |
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| | | power to consider an appeal.’. |
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| | Clause 76, page 69, line 33, after ‘adults’, insert ‘and children’. |
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| | Clause 76, page 69, line 37, after ‘adults’, insert ‘and children’. |
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| | Clause 76, page 69, line 42, after ‘adults’, insert ‘and children’. |
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| | Clause 76, page 69, line 44, after ‘adults’, insert ‘or child’. |
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| | Clause 78, page 70, line 27, leave out paragraph (d). |
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| | NEW CLAUSES AND NEW SCHEDULES RELATING TO PART 2, AMENDMENTS TO PART 2 |
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| | | Secretary of State’s response to a section 65 regulator’s report on an NHS foundation |
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| | To move the following Clause:— |
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| | | ‘In section 65KD of the National Health Service Act 2006, after subsection (1) |
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| | | “(1A) | If the Secretary of State, in relation to the report, would be satisfied as |
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| | | mentioned in subsection (1), with the addition, omission and/or alteration |
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| | | of recommedations contained therein that the Secretary of State regards |
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| | | (a) | to secure the safety, quality or efficiency of some or all services, |
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| | | (b) | in the circumstances of the case |
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| | | | he may accept the final report as if it had been amended to provide for the |
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| | | addition, omission or alteration so specified. |
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| | | (1B) | Where the Secretary of State has accepted the report with amendments as |
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| | | specified in subsection (1A), the Secretary of State must as soon as |
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| | | (a) | publish a notice of the decision, the amendments and the reasons |
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| | | (b) | lay a copy of the notice before each House of Parliament.”.’. |
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| | | CQC thematic review of local authority commissioning practices |
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| | To move the following Clause:— |
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| | | ‘(1) | The Secretary of State shall require the Care Quality Commission to conduct a |
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| | | special review and investigation under section 48 of the Health and Social Care |
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| | | Act 2008 into the impact of local authority commissioning and procurement |
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| | | practices on the quality and sustainability of adult social care. |
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| | | (2) | The review shall examine the— |
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| | | (a) | implementation and operation of sector-led improvement; |
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| | | (b) | transparency of decision-making in determining rates for care and |
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| | | support services including the setting of arbitrary ceilings on the amounts |
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| | | local authorities will pay for care and support services and the suse of |
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| | | time and task-orientated contract specifications; |
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| | | (c) | impact of procurement action on the diversity and quality of care and |
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| | | (d) | transparency and fitnees for purpose of resource allocation and similar |
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| | | methodologies for determining the level of personal budgets and direct |
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| | | (e) | type and quality of engagement by local authorities with provider |
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| | | organisations, service users and carers, prior to procurement action; and |
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| | | (f) | ability of provider organisations to meet their statutory obligations, in |
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| | | particular paying employees at or above the national minimum wage. |
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| | | (3) | The Review will report and make recommendations to the Secretary of State |
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| | | within twelve months of Commencement of Part 1 of this Act.’. |
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| | To move the following Clause:— |
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| | | ‘When exercising functions under section 31 (Urgent procedure for suspension, |
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| | | variation etc.) of the Health and Social Care Act 2008, the Care Quality |
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| | | Commission may not take account of its functions under section 83 (Trust special |
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| | | administration: appointment of administrator) of this Act.’. |
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| | | CQC duty to support integration of social and health care |
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| | To move the following Clause:— |
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| | | ‘In exercising the functions and duties set out in section 90 (Performance |
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| | | ratings), the Commission must act always to require, enable and encourage the |
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| | | provision of health services in ways that support and facilitate the functions and |
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| | | (a) | local authorities set out in section 3 (Promoting integration of care and |
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| | | support with health services etc.) of this Act, |
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| | | (b) | the NHS Commissioning Board set out in section 23(1) 13N (The NHS |
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| | | Commissioning Board: further provision) of the Health and Social Care |
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| | | (c) | clinical commissioning groups set out in section 26 (14Z1) (Clinical |
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| | | commissioning groups: general duties etc.) of the Health and Social Care |
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| | | where it considers that this— |
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| | | (i) | improve the quality of those services (including the outcomes |
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| | | that are achieved from their provison), |
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| | | (ii) | reduce inequalities between persons with respect to their ability |
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| | | to access those services, or |
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| | | (iii) | reduce inequalities between persons with respect to the outcomes |
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| | | achieved for them by the provision of those services.’. |
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| | | Powers of local commissioners in relation to TSA recommendations |
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| | To move the following Clause:— |
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| | | ‘(1) | In section 65DA(1) of the National Health Service Act 2006 (Chapter 5A of Part |
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| | | 2: Objective of trust special administration) omit “objective” and insert |
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| | | “objectives” and omit “is” and insert “are”. |
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| | | (2) | After subsection (1)(a) insert— |
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| | | “(b) | the continued provision of such of the services provided for the purposes |
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| | | of the NHS by any affected trust at such level, as the commissioners of |
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| | | those services determine.”. |
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| | | (3) | After subsection 1(b) omit “(b)” and insert “(c)”. |
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| | | (4) | In subsection (2) of that section after “The commissioners” insert “of the trust in |
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| | | special administration and any affected trust”. |
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