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Health and Care Bill - Sitting 6
14 September 2021
Type
Public Bill Committee
At a Glance
Issue Summary
The MP is discussing and querying specific aspects of Clause 6 regarding support and assistance by NHS England. Justin Madders discusses Clause 7 of the Health and Care Bill, which allows NHS England to direct integrated care boards (ICBs) to exercise certain functions. MP Justin Madders discusses concerns about the powers given to the Secretary of State under Clause 8 of the Health and Care Bill. The statement discusses changes to clauses in the Health and Care Bill that affect the Better Care Fund and quality payments. The statement discusses the establishment and functions of Integrated Care Boards (ICBs) under the Health and Care Bill. Justin Madders moves an amendment to ensure trusts and local authorities are consulted before changes to ICS boundaries. The MP discusses concerns about the size and impact of Integrated Care Systems (ICS) in Cheshire and Merseyside, emphasizing the need for flexibility and local accountability. The MP discusses concerns about the Health and Care Bill's implications for integrated care systems (ICSs) and accountability within NHS organisations. The MP is addressing concerns about an amendment regarding NHS England's consultation requirements before revoking or varying an ICB’s establishment order. Justin Madders discusses concerns about the Cheshire and Merseyside Integrated Care System (ICS) and questions the basis for its formation. The MP discusses the challenges of defining relevant communities for integrated care systems and highlights a democratic deficit in current healthcare structures. The amendment aims to enhance accountability by requiring integrated care boards (ICBs) to report annually on their actions and policies with a focus on patient outcomes. MP Justin Madders withdraws an amendment related to integrated care boards' (ICBs) reporting requirements to Parliament. The amendment proposed by Justin Madders addresses the need for clear processes in integrated care boards (ICBs) for consulting and agreeing on changes to clinical policies and established models of care. The MP is proposing amendments related to the initial chair appointments and subsequent elections for Integrated Care Boards (ICBs). Justin Madders is discussing amendments related to integrated care boards (ICBs) and proposing changes to their governance, including an elected chair, consultation on appointments, and addressing conflicts of interest. The statement addresses the need for an elected chair of Integrated Care Boards (ICBs) to ensure better local democratic control over healthcare funding and improve accountability. The MP is addressing amendments related to the appointment process for chairs of integrated care boards (ICBs) under the Health and Care Bill. Justin Madders discusses the proposal to introduce local accountability for NHS expenditure through locally elected individuals and the need for a focal point of responsibility in health and social care. The amendment seeks to enhance the membership of integrated care boards by requiring additional representatives from various sectors including mental health trusts, Directors of Public Health, and trade unions. The MP is discussing the composition of Integrated Care Systems (ICS) and their role in healthcare, specifically addressing mental health integration. The MP is discussing amendments to include diverse voices and expertise on integrated care boards (ICBs) under the Health and Care Bill. The statement addresses the amendment to include specific voices and stakeholders in the membership of integrated care boards (ICBs) under the Health and Care Bill. The debate concerns the composition and membership requirements of Integrated Care Boards (ICBs) under the Health and Care Bill. The speaker addresses an amendment prohibiting representatives of GP practices with APMS contracts from participating in integrated care boards. The statement addresses concerns about private companies sitting on integrated care boards within the NHS and the potential conflicts of interest this could create. The statement addresses concerns about potential privatisation and conflicts of interest in integrated care boards (ICBs) under the Health and Care Bill. The statement is about the withdrawal of amendment 33 to schedule 2 in light of concessions made by the Minister.
Action Requested
The MP requests that the Minister clarify the definition of 'person' in proposed new section 13YA(1)(a), provide estimates of costs anticipated due to the legislation, confirm if there are any limits or reporting requirements for financial assistance provided under clause 6, and ensure that conflicts of interest regarding ICB roles do not cause difficulties.
Key Facts
- The clause confers a power to provide assistance and support to NHS foundation trusts and other health service providers in England.
- Clause 6 replaces the functions of the NHS Trust Development Authority and existing powers of NHS England to support clinical commissioning groups and primary care providers.
- Proposed new subsection (3) allows for financial assistance provision to integrated care boards.
- Clause 7 enables NHS England to direct ICBs to exercise certain functions.
- Subsection 13YB(4) is mentioned as a point of inquiry for potential prohibitions on delegation from ICBs.
- MP Justin Madders raises a query about proposed new section 65Z4(4) under Clause 8.
- The clause gives the Secretary of State power to direct trusts to provide reports or information deemed necessary.
- Edward Argar responds that these powers are pragmatic and necessary for obtaining further clarifications from individual trusts as needed.
- Clause 10 removes powers regarding quality payments from the Secretary of State.
- Quality payments will continue but be made to integrated care boards instead of CCGs.
- Clause 37 provides broader power for directing NHS England on quality payments.
- The clause establishes ICBs as the primary commissioners for health services in England.
- ICBs will take over the commissioning responsibilities currently held by CCGs and some that are commissioned by NHS England, such as primary care, dentistry, pharmacy, and optometry services.
- Subsections (2) and (3) of proposed new section 14Z26 allow CCGs to determine their own processes for consulting on ICBs.
- The amendment seeks to insert “NHS trust, NHS foundation trust, trade union, patient representatives and local authority” after “board” in clause 13.
- There are currently 42 ICS areas defined in the Bill.
- Local authorities should be involved in setting ICS boundaries as they already integrate multiple public services around a defined population.
- The Cheshire and Merseyside ICS covers 2.6 million people.
- It incorporates 9 CCGs in Cheshire alone, moving from four to one as recently as April 2020.
- There are 19 NHS provider trusts and 51 primary care groups involved.
- The current arrangements will be reviewed for two years starting from the boundary review of ICSs.
- The current funding model often prevents healthcare organizations from addressing population health effectively.
- CCGs are rebranded as large entities without real discretion over spending.
- CCGs control over £75 billion of taxpayers' money.
- The proposed ICSs need to attract and retain high-quality management for impact.
- NHS England is required under clause 13 to consult affected ICBs before varying or revoking their establishment order.
- The amendment seeks to add an additional requirement for NHS England to consult relevant trusts, unions, patient representatives and local authorities.
- Exceptions to the presumption of coterminosity were made in high-performing areas like the east of England and Frimley.
- The Cheshire and Merseyside ICS may not survive two years.
- STPs (Sustainability and Transformation Plans) were put together with a short timeframe around Christmas 2017 or 2016.
- There is frustration over the lack of clarity on why certain decisions were made for these areas.
- Merseyside has a metro Mayor with clearly defined geography.
- Cheshire is considered a different area from Merseyside.
- Proposed new sections 14Z25 and 26 address duties to consult members of the ICB.
- Amendment 10 amends proposed new section 14Z28 to widen NHS England's power for transfer schemes when establishing ICBs.
- Amendment 38 aims to enhance accountability for integrated care boards (ICBs).
- Each year, ICBs must prepare and publish reports on their performance.
- A Minister of the Crown must make a motion in the House of Commons regarding the report within one month.
- The amendment would place new requirements on ICBs to report annually directly to the Secretary of State.
- NHS England will undertake annual performance assessments of each ICB, which must be published.
- The Bill already includes comprehensive reporting requirements and accountability measures for ICBs.
- The amendment aims to ensure proper consultation processes are in place for policy changes within ICB areas.
- There has been a reduction in the number of clinical commissioning groups (CCGs) in Cheshire and Merseyside.
- Variations exist in CCG policies, such as rules on gluten-free products available on prescription and IVF treatment cycles.
- Amendment 31 proposes an initial chair appointment period of no more than 2 years.
- Subsequent chairs would be elected by voters in their area.
- Amendments 50, 51, and 52 are related to ensuring consultation with ICB members before appointments.
- Amendment 31 aims to establish an elected chair for ICBs.
- Amendments 50, 51, and 52 address concerns about the appointment and removal of ICB chairs.
- The NHS document on the ICS design framework was released in July.
- Many ICB chairs have already been appointed disregarding parliamentary scrutiny.
- The NHS budget is expected to account for up to 40% of general government spend in the next few years.
- Amendments aim to establish an elected chair for ICBs within two years, allowing time for organisations to get established.
- NHS England and various local bodies need clear alignment on roles and responsibilities.
- The chair of an ICB is appointed by NHS England with approval from the Secretary of State.
- The ICB carries national statutory responsibility and is accountable to Parliament through NHS England.
- The chief executive, Amanda Pritchard, stated that ICBs are accountable to a combined NHS England and NHS Improvement structure.
- Dual accountability for spending NHS money is not approved by the NHS.
- Amendments 31, 50, 51, and 52 were tabled by the shadow Minister.
- The NHS accounts for about 40% of Government expenditure.
- The proposal would split the NHS into 42 areas.
- Amendment 31 was voted on but not passed with Ayes 4 and Noes 9.
- Amendment 50 was also proposed but rejected.
- The amendment aims to add five new members to the current minimum composition of integrated care boards.
- NHS England has sole authority over choosing and removing the chair of an integrated care board.
- Paragraphs 3 to 7 of schedule 2 outline the existing minimum membership requirements for integrated care boards.
- Dame Gill Morgan has set up an ICS.
- Mental health and social care are integrated around the table in her ICS due to practical necessity, not just directive.
- The MP uses a football analogy to caution against having too many people involved, which could make the system unworkable.
- The amendment supports representation from mental health backgrounds.
- Director of Public Health (DPH) should be part of the ICB as they bring unique cross-system relationships and local insight.
- A designated social care representative is needed to explicitly represent social care in fostering collaboration.
- Staff voice through recognised trade unions should be included on ICBs.
- Patient voice representation is crucial for decision-making legitimacy.
- Schedule 2 sets out minimum membership requirements for integrated care boards (ICBs).
- ICBs should include members nominated by trusts, foundation trusts, primary medical service providers in the area, and local authorities.
- The amendment aims to ensure inclusion of voices representing mental health, public health, social care workforce, and patients on ICBs.
- The amendment proposes a more prescriptive approach to ICB membership compared to the current legislative minimum.
- Schedule 2 allows the Secretary of State to add further requirements via regulation-making powers at a later time.
- The Minister emphasizes the need for local flexibility and effective board sizes, citing evidence from Martin Marshall.
- Nearly 70% of practices operate under GMS contracts.
- Another quarter operates on PMS models, which are being phased out.
- APMS is a flexible contracting model allowing for private companies to take over practices.
- The latest GP survey found that 89%, 88%, and 93% of patients rated their healthcare experience positively.
- Spending on private sector before the pandemic was £9.7 billion.
- Figures cited pre-pandemic are double what they were a decade earlier under Labour Government.
- Dr Chaand Nagpaul testified to the value of NHS accountability and loyalty.
- Public Health England had £400 million compared to billions for Test and Trace, with local teams reaching 97% contacts vs. 60%.
- Integrated care boards (ICBs) will consist of members appointed by NHS providers, providers of GP services, and local authorities.
- The government proposes a Government amendment on Report to prevent individuals with significant interests in private healthcare from sitting on ICBs.
- Independent providers include social enterprises and partnerships providing services to homeless people and asylum seekers.
- Amendment 33 to schedule 2 has been debated.
- The speaker decides not to move the amendment formally due to concessions made by the Minister.
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