NHS reforms

27.02.13

NHS provider regulations to be reviewed

 Health secretary Jeremy Hunt will review NHS provider regulations, government sources suggest, following accusations (reported at www.nationalhealthexecutive.com yesterday) that the Government was trying to introduce privatisation of the NHS “by the back door”.

The NHS (Procurement, Patient Choice and Competition) Regulations 2013, made under section 75 of the Health and Social Care Act could effectively open up all NHS services to competitive tendering.

The regulations seem to remove CCG discretion to introduce competition for certain services, and give Monitor the power to compel CCGs to introduce competition.

The guidelines say CCGs must consider private providers on the same basis as existing NHS providers and must “treat providers equally and in a non-discriminatory way, including by not treating a provider, or type of provider, more favourably than any other provider, in particular on the basis of ownership”.

The regulations are due to be considered in the House of Lords next month.

Andy Burnham, the shadow health secretary, said: “The Government has been caught out trying to force through privatisation of the NHS by the back door.

“This is another humiliating U-turn to add to the Government list, but we believe ministers will stop at nothing to drive through their plans to put the NHS up for sale to the highest bidder.”

Norman Lamb, the Liberal Democrat health minister, said: “We need to review this carefully.”

Jon Skewes, director for policy, employment relations and communications at the Royal College of Midwives, said: “I am deeply disappointed with the Government because they seem to have promised one thing and delivered the opposite.

“We were repeatedly assured by ministers that compulsory competitive tendering would not be imposed on organisations commissioning maternity services. The regulations as they stand will mean that this is exactly what will happen. I call upon peers and MPs to look at these regulations very carefully.”

Dr Michael Dixon, chair of the NHS Alliance and a member of NHE’s editorial board: “The NHS Alliance believes that there should be a fair platform for provision across the NHS. The proposed changes to section 75 appear to be contrary to previous reassurances from the Government that CCGs will have the freedom to choose when and whether to use competition.  Commissioners should be able to work with the providers that they believe will offer the best services, at the best value, taking guidance from the local population’s feedback.

“Forcing providers down costly and unhelpful procurement routes will only serve to disengage them with the health service, and potentially remove valued and trusted services from local areas – regardless of local opinion.”

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