Health Bill [HL]
REVISED
SECOND
MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
IN GRAND COMMITTEE
The amendments have been marshalled in accordance with the Instruction of 9th February 2009, as follows—
Clauses 3 to 11
Schedule 1
Clauses 12 to 14
Schedule 2
Clauses 15 to 17
Schedule 3
Clauses 18 to 22 | Schedule 4
Clauses 23 to 31
Schedule 5
Clauses 32 to 34
Schedule 6
Clauses 35 to 37 |
[Amendments marked * are new or have been altered]
Amendment
No.
| 24 | Page 3, line 21, at end insert ", who are eligible to receive NHS services or who have received NHS services within the past 5 years" |
| 25 | Page 3, line 35, after "be" insert "readily" |
| 26 | Page 3, line 37, leave out "3" and insert "5" |
| 27 | Page 3, line 38, at end insert— |
| "( ) | The following must be consulted about the Handbook on a 5 year review— |
| (d) | members of the public, |
| (e) | the bodies of persons listed in section 2(2), (4) and (5), and |
| (f) | such other persons as the Secretary of State considers appropriate." |
| 28 | Page 3, line 39, leave out "2012" and insert "2014" |
| 29 | Page 3, line 39, at end insert— |
| "( ) | Before any revision of the Handbook, the Secretary of State shall consult such persons as he shall consider appropriate." |
| 30 | Page 4, line 2, leave out "3" and insert "5" |
| 31 | Page 4, line 3, after "patients," insert "carers," |
| 32 | Page 4, line 5, leave out "2012" and insert "2014" |
| 33 | Page 4, line 13, after "containing" insert "(but not limited to)" |
| 34A* | Page 4, line 13, after "quality" insert "and safety" |
| 35 | Page 4, line 26, leave out paragraph (d) |
| 36 | Page 4, line 34, after "containing" insert "(but not limited to)" |
| 37A* | Page 4, line 35, after "quality" insert "and safety" |
| 38 | Page 4, line 35, at end insert— |
| "( ) | The Care Quality Commission shall, in a manner which the Secretary of State shall prescribe, review and report on the accuracy and completeness of any information contained in a document published in accordance with subsections (1) and (3)." |
| 39 | Page 4, line 40, at end insert— |
| "( ) | In this section to "publish" includes to make available to the public by means of a website." |
| 39A* | Insert the following new Clause— |
| | "Quality accounts domains |
| (1) | Each of the bodies listed in section 6(2) must publish information under the following domains— |
| (b) | effectiveness of care; |
| (2) | Under the domain listed in subsection (1)(c), the Secretary of State must arrange for the development of measures to assess the dignity of the patient. |
| (3) | Each of the bodies listed in section 6(2) must report on the dignity measures under the patient experience domain." |
| 40 | Page 5, line 7, leave out "notify" and insert "notifies" |
| 41 | Page 5, line 15, at end insert— |
| "( ) | A document (whether in whole or in part and whether alone or jointly with others) made available to the public by the Secretary of State must be accompanied by such information as may be recommended to the Secretary of State by the National Institute for Health and Clinical Excellence with a view to enabling the public to assess the document's contents by reference to relevant and meaningful standards of comparison." |
| 42 | Page 5, line 15, at end insert— |
| "( ) | In subsection (4) "to make the document available" includes in particular— |
| (a) | to publish in printed form and by means of a website; |
| (b) | to take reasonable and appropriate steps to ensure that patients and the public are informed of the manner in which they may access the document; |
| (c) | to take reasonable and appropriate steps to make the document readily accessible to patients and the public." |
| 42A* | Page 5, line 25, at end insert— |
| "( ) | enabling the Secretary of State to require bodies to publish additional joint thematic documents." |
| 43 | Page 5, line 25, at end insert— |
| "( ) | Before making regulations under subsection (1) or (3) of section 6, the Secretary of State shall consult such bodies and persons as he shall consider appropriate." |
| 44 | Page 5, line 34, at end insert "but does not include a private dwelling house or premises to which the public do not normally have access" |
| 45 | Page 5, line 36, after "section" insert "6" |
| 46 | Insert the following new Clause— |
| | "Duty of providers to account for car park revenue |
| (1) | Each of the bodies listed in section 6(2) must, in accordance with regulations made by the Secretary of State, produce a report in respect of each reporting period which accounts for the use of revenue raised from all car parks under their control. |
| (2) | The report must contain the following— |
| (a) | the level of revenue raised from each car park, |
| (b) | a breakdown of how the revenue has been distributed, which clearly specifies if and how the revenue has been spent to directly improve healthcare provision, |
| (c) | the tariffs charged in each car park, including any special rates for hospital staff or members of the public who have driven patients to hospital." |
| 47 | Insert the following new Clause— |
| | "Quality accounts: NHS foundation trusts |
| (1) | The National Health Service Act 2006 (c. 41) is amended as follows. |
| (2) | In section 39 (register of NHS foundation trusts) after subsection (2)(f) insert— |
| "(g) | a copy of the latest quality accounts." |
| (3) | In paragraph 22 of Schedule 7 (constitution of public benefit corporations), after sub-paragraph (1)(f) insert— |
| "(g) | a copy of the latest quality accounts." |
| (4) | In Schedule 7, after paragraph 27 insert— |
| "27A
(1) | A public benefit corporation must publish in respect of each financial year quality accounts containing information relevant to the quality of— |
| (a) | any NHS services that the public benefit corporation provides; |
| (b) | any NHS services that, under arrangements made by the corporation, are provided by a person not listed in section 6(2) or (3) of the Health Act 2009; |
| (c) | any services that are provided in England and for the provision of which the public benefit corporation provides assistance or support under section 124(1) of the National Health Service Act 2006. |
| (2) | The quality accounts must contain— |
| (a) | the information prescribed in regulations made under section 6(1) of the Health Act 2009; and |
| (b) | any other information the regulator requires. |
| (3) | The quality accounts must be in such form as the regulator may with the approval of the Secretary of State direct. |
| (4) | A public benefit corporation must comply with any duties imposed on a provider for the purpose of ensuring the accuracy of information pursuant to regulations made under section 6(1) of the Health Act 2009. |
| (5) | The corporation must— |
| (a) | lay a copy of the quality accounts before Parliament at the same time as it lays its annual accounts pursuant to paragraph 25(4)(a), and |
| (b) | once it has done so, send a copy of the quality accounts to the regulator. |
| (a) | "NHS services" has the same meaning as in Chapter 1 of the Health Act 2009; |
| (b) | references to the provision of services include references to the provision of services jointly with another person." |
| (5) | In paragraph 28 of Schedule 7, after paragraph (c) insert— |
| "(d) | the quality accounts."." |
| 48 | Insert the following new Clause— |
| | "Report to Parliament on impact of quality accounts |
| (1) | The Secretary of State shall report to Parliament no later than 4 years after the coming into force of this Part on the impact of quality accounts. |
| (2) | The report shall examine the way quality accounts reflect the varying demographic, social, economic and geographical areas served by the bodies listed in section 6(2) and (3)." |
| 49 | Insert the following new Clause— |
| | "Accreditation of bodies to secure quality of services |
| (1) | The Health and Social Care Act 2008 (c. 14) is amended as follows. |
| (2) | In section 20 (regulation of regulated activities), after subsection (2) insert— |
| "(2A) | Regulations made under this section by virtue of subsection (2) may in particular include provision for the quality of a regulated activity to be promoted and assessed by means of, and by reference to, such schemes of accreditation as may be prescribed."" |
| 50 | Page 6, line 18, at end insert— |
| "( ) | Where a patient lacks capacity to consent to a direct payment, and has not nominated a person, a direct payment can be made to a suitable person, as specified in regulations." |
| 51 | Page 7, leave out lines 1 to 3 |
| 52 | Page 7, line 8, at end insert— |
| "( ) | as to the manner in which the patient or (if different) the payee may gain access to relevant information;" |
| 52A | Page 7, line 8, at end insert— |
| "( ) | as to whether a patient wishes to use direct payments as a means of obtaining health care;" |
| 53 | Page 7, line 14, at end insert— |
| "( ) | where the patient lacks capacity to make decisions about safeguarding, the conditions under section 12B(2)(e) must incude mandatory checking and vetting of providers;" |
| 54 | Page 7, line 14, at end insert— |
| "( ) | as to ensure that appropriate training and guidance is provided for patients and (if different) payees to manage their direct payments and to safeguard effectively against potential abuse;" |
| 55 | Page 7, line 16, at end insert— |
| "( ) | as to the provision of services in addition to those for which a direct payment has been made;" |
| 56 | Page 7, leave out lines 19 to 21 |
| 57 | Page 7, line 23, at end insert— |
| "( ) | as to the conditions that must be met to protect staff providing services which direct payments are used to secure" |
| 58 | Page 7, line 23, at end insert— |
| "( ) | as to the circumstances in which the patient or (if different) payee has exhausted the budget of their direct payment" |
| 58A | Page 7, line 23, at end insert— |
| "( ) | as to circumstances in which a direct payment may be used to secure the services of an independent midwife" |
| 60 | Page 7, line 34, at end insert— |
| "( ) | Subsection (4) shall not apply if the payments were made following a wrong diagnosis." |
| 60A* | Page 7, line 47, after "made" insert "including NHS continuing healthcare; mental health services; therapies, learning disability services; maternity services; end-of-life care; and preventative and rehabilitation services for long-term conditions;" |
| 61 | Page 8, line 11, at end insert— |
| "( ) | the demographic groups in which a pilot scheme operates;" |
| 62 | Page 8, leave out line 12 |
| 63 | Page 8, line 12, at end insert— |
| "( ) | the geographical area and demographic group in which a control pilot scheme operates;" |
| | BARONESS CAMPBELL OF SURBITON |
| 63A | Page 8, line 12, at end insert— |
| "( ) | the forms of support that should be made available from user-led and other voluntary organisations to patients to manage direct payments" |
| 64 | Page 8, line 15, at end insert— |
| "( ) | At least one pilot scheme must take place in each Strategic Health Authority." |
| 65 | Page 8, line 16, leave out from second "the" to "to" in line 17 and insert "independent review of all pilot schemes and require all pilot schemes" |
| 66 | Page 8, line 17, at end insert— |
| "( ) | Before carrying out a review of a pilot scheme, the Secretary of State must— |
| (a) | consult such bodies and persons as he shall consider appropriate; and |
| (b) | publish a report setting out the results of the consultation." |
| 66A | Page 8, line 17, at end insert— |
| "( ) | The provisions set out in subsection (4) must evaluate the impact of direct payments on— |
| (b) | people with physical disabilities; |
| (c) | people with learning disabilities; |
| (d) | people who use mental health services; |
| (e) | people with sensory impairments, including dual sensory loss; |
| 67 | Page 8, line 18, leave out "any review of one or more" and insert "a review of all" |
| 68 | Page 8, line 18, after "schemes" insert "and presenting a report to Parliament detailing the review" |
| 68A | Page 8, leave out lines 24 and 25 |
| 68B | Page 8, line 25, at end insert— |
| "( ) | No decision can be made under subsection (6) unless patients included in the pilots have been in receipt of services purchased using direct payments for a minimum of 12 months." |
| 69 | Page 8, line 33, leave out "arrange with any person or body" and insert "require Primary Care Trusts to commission advice and advocacy services" |
| | BARONESS CAMPBELL OF SURBITON |
| 69A | Page 8, line 35, after "with" insert "user-led and other" |
| 69B | Page 8, line 36, at end insert "to provide advice, advocacy and other support to individuals to use direct payments" |
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