Health and Social Care Bill

AMENDMENTS
TO BE MOVED
IN COMMITTEE
[Supplementary to the Seventh Marshalled List]

Clause 20

BARONESS ROYALL OF BLAISDON

BARONESS THORNTON

 

Page 17, line 34, at end insert—

“(c) ensuring the continued availability to patients of clinical nurse specialists appropriate to the treatment of their illness.”

 

Page 20, line 1, at end insert—

“Duty to ensure access to clinical specialist nurses

The Board must, in the exercise of its functions, mandate for health services the continued availability to patients of clinical nurse specialists appropriate to those services.”

Schedule 2

BARONESS WILLIAMS OF CROSBY

LORD MARKS OF HENLEY-ON-THAMES

LORD PATEL

 

Page 280, line 34, at end insert “and shall apply the provisions of paragraphs 19A and 19C and the guidelines in paragraph 19C of this Schedule”

 

Page 281, line 34, at end insert “and shall apply the provisions of paragraph 19B of this Schedule”

 

Page 281, line 43, at end insert “provided that the public may not be excluded from any governing body meeting during a discussion involving a choice between potential providers”

 

Page 281, line 43, at end insert—

“(5) A record of the decisions made at any meeting or part of a meeting from which members of the public are excluded must be published not later than two weeks from the date when the meeting occurred.”

 

Page 287, line 12, at end insert—

“Register of interests and conflicts of interest

“19A (1) Every Clinical Commissioning Group must keep a register of the financial interests of all members of the Group.

(2) Within 28 days of a member joining a clinical commissioning group, the member must inform the group’s accountable officer of any relevant financial interests requiring registration.

(3) Within 28 days of any change to a member’s registered interests, the member must inform the group’s accountable officer of such change.

(4) The accountable officer shall ensure that the register of interests is freely available to inspection by the members of the public.

19B (1) A director of a healthcare provider organisation, or a general practitioner having a significant financial interest in a provider organisation, may not serve on the governing body of a clinical commissioning group and that organisation.

(2) If a clinical commissioning group enters into negotiations with a healthcare provider organisation and a member of the governing body of that clinical commissioning group is a director or has a significant financial interest in that provider organisation, that member shall take no part in the proceedings of the governing body until such negotiations are concluded and shall then stand down from membership of the governing body if a contract is entered into between the clinical commissioning group and the healthcare provider organisation.

19C (1) The Guidelines on Conflict of Interest for Members of Clinical Commissioning Groups referred to in section 14Z8A are as follows.

(2) You must be honest and open in any financial arrangements with patients; and

(a) you must inform patients about your fees and charges, wherever possible before asking for their consent to treatment;

(b) you must not exploit patients’ vulnerability or lack of medical knowledge when making charges for treatment or services;

(c) you must not encourage patients to give, lend or bequeath money or gifts that will directly or indirectly benefit you;

(d) you must not put pressure on patients or their families to make donations to other people or organisations;

(e) you must not put pressure on patients to accept private treatment;

(f) if you charge fees, you must tell patients if any part of the fee goes to another healthcare professional.

(3) You must be honest in financial and commercial dealings with employers, insurers and other organisations or individuals; and in particular—

(a) before taking part in discussions about buying or selling goods or services, you must declare any relevant financial or commercial interest that you or your family might have in the transaction;

(b) if you manage finances, you must make sure the funds are used for the purpose for which they were intended and are kept in a separate account from your personal finances.

(4) You must act in your patients’ best interests when making referrals and when providing or arranging treatment or care; you must not ask for or accept any inducement, gift or hospitality which may affect or be seen to affect the way you prescribe for, treat or refer patients; and you must not offer such inducements to colleagues.

(5) If you have financial or commercial interests in organisations providing healthcare or in pharmaceutical or other biomedical companies, these interests must not affect the way you prescribe for, treat or refer patients.

(6) If you have a financial or commercial interest in an organisation to which you plan to refer a patient for treatment or investigation, you must tell the patient about your interest, and when treating NHS patients you must also tell the healthcare purchaser.”

Clause 23

BARONESS WILLIAMS OF CROSBY

LORD MARKS OF HENLEY-ON-THAMES

LORD PATEL

 

Page 41, line 26, at end insert—

“14Z8A Power of Board to refer to relevant professional body regarding conflicts of interest

The Board must refer to his or her relevant professional body any member of a clinical commissioning group whom it reasonably believes to have been in material breach of any of the provisions concerning conflict of interest set out in paragraphs 19A and 19B or the guidelines in paragraph 19C of Schedule 2 as inserted by Schedule 2 to the Health and Social Care Act 2011.”

Clause 27

BARONESS CUMBERLEGE

 

Page 55, line 33, at end insert “and Public Health England”

Schedule 5

EARL HOWE

 

Page 326, line 42, leave out “paragraphs 46 and 49” and insert “paragraph 46”

 

Page 327, line 27, after “(1)” insert “—

(a) omit paragraph 49 of Schedule 2 to the National Health Service Reform and Health Care Professions Act 2002, and

(b) ”

After Clause 186

BARONESS BAKEWELL

 

Insert the following new Clause—

“Commissioner for older people

Commissioner for older people

(1) The Secretary of State shall, by order, establish an Office of Commissioner for Older People in England.

(2) The general functions of the Commissioner shall be to consult with and garner the opinions of older people, and to represent those opinions in all arenas of public discourse including Parliament.

(3) Particular functions of the Commissioner shall be to—

(a) monitor, on behalf of older people, all law, policy and practice relating to their health and social care;

(b) commission and publish research into the provision of health and social care services to older people;

(c) commission and publish research into health and social care outcomes for older people in comparison with other sectors of society;

(d) act on behalf of older people in promoting best practice by providers of health and social care services.

(4) The Commissioner must encourage the involvement of older people in the work of the Commissioner.

(5) The Commissioner must, in particular, take reasonable steps to—

(a) ensure that older people are made aware of the functions of the Commissioner and how the Commissioner may be contacted;

(b) consult older people on the work to be undertaken by the Commissioner; and

(c) consult organisations working with and for older people on the work to be undertaken by the Commissioner.”

Clause 231

BARONESS ROYALL OF BLAISDON

BARONESS THORNTON

 

Page 232, line 16, at end insert—

“( ) NICE must prepare those quality standards that it has been directed to do so by the relevant commissioner at the date of Royal Assent of this Act within 6 months and no later than 1 October 2012”

Prepared 24th November 2011