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Health and Care Bill - Sitting 11 (Morning)
23 September 2021
Type
Public Bill Committee
At a Glance
Issue Summary
The MP is discussing clauses 52 to 56 stand part of the Health and Care Bill. The statement discusses amendments to the Health and Social Care Act 2012, focusing on the regulation and oversight of NHS foundation trusts. The MP is discussing concerns over the Health and Care Bill's impact on foundation trusts' financial autonomy and overall accountability. Edward Argar addresses concerns about NHS reorganizations and discusses legislative changes for foundation trusts, licensing requirements, and capital investment in new hospitals. Sheryll Murray is discussing Clause 58 of the Health and Care Bill, which relates to transfer schemes between trusts. The statement discusses clauses 39, 40, 58, and 59 of the Health and Care Bill which relate to NHS trust transfers and the appointment process for trust special administrators. The statement discusses amendments to the Health and Care Bill related to integrated care boards (ICBs) and their role in decision-making processes, particularly concerning the appointment of special administrators. The statement discusses amendments to the Health and Care Bill aimed at enhancing flexibility and local integration within the health care system. The statement discusses Clause 63 and Clause 64 of the Health and Care Bill, focusing on guidance about joint appointments and delegation agreements between NHS bodies and local authorities. The statement discusses clauses 63 and 64 of the Health and Care Bill, which aim to support Integrated Care Boards (ICBs) and Integrated Care Partnerships (ICPs), enhance integration across the health and care system, and introduce new guidance on joint appointments and co-operation. The statement discusses the Health and Care Bill's clause regarding joint appointments between health and care organisations, addressing concerns about conflicts of interest and the necessity for Secretary of State powers. The statement discusses amendments related to the NHS payment scheme and its implications for private providers and approval processes. MP Sheryll Murray addresses procedural rules regarding time limits in the Committee discussion of the Health and Care Bill. The speaker discusses the Health and Care Bill's clause regarding how billions of pounds will be spent each year and expresses concern over the Secretary of State’s limited involvement. The statement is about the scheduling and procedural aspects of the Health and Care Bill committee meeting.
Action Requested
The MP requests to discuss clauses 52 to 56 of the Health and Care Bill under the chairmanship.
Key Facts
- The discussion involves clauses 52 to 56.
- Edward Argar is speaking to each clause in turn.
- Clause 51 amends section 88 of the Health and Social Care Act 2012.
- Clause 52 provides NHS England with power to set capital expenditure limits for individual foundation trusts.
- Clause 53 removes certain requirements from forward planning documentation.
- Clause 54 allows FTs to carry out functions jointly with other persons.
- Clause 55 strengthens the Secretary of State's role in approving applications.
- Clause 56 transfers property and liability management powers to NHS England.
- The clauses strip away financial autonomy of foundation trusts as set out in clause 52.
- Clause 55 gives more powers to the Secretary of State.
- Evidence from Dr Chaand Nagpaul highlights lack of clarity on how finances will work at a local level within an ICB.
- Richard Murray's evidence raises uncertainty about capital project selection processes.
- There were four reorganisations of the NHS between 1999 and 2006 under the previous Government.
- No current applications from NHS trusts to become foundation trusts.
- Eight new hospital schemes are being considered based on safety issues, urgent need, transformation, and patient experience criteria.
- Additional capital is provided by central Government for building new hospitals where needed.
- Clause 58 relates to transfer schemes between trusts.
- Government amendments 15 and 16 are being proposed.
- Schedule 8 is to be included in the Bill.
- Clauses 39, 40, 58, and 59 deal with NHS trust transfers and the appointment process for trust special administrators.
- Clause 59 introduces schedule 8 which amends chapter 5A of the National Health Service Act 2006.
- Amendments 15 and 16 ensure consultation of integrated care boards in cases of trust special administration orders.
- Government amendments 15 and 16 aim to ensure ICBs are consulted when a special administrator is appointed.
- Amendments were introduced to address potential ambiguities in the legislation.
- Proposed new section 14Z59 gives power for the Secretary of State to give directions to integrated care boards.
- Clause 60 allows NHS organisations to delegate or jointly exercise functions with local authorities, combined authorities, and other bodies.
- Clause 61 inserts a new section into the NHS Act 2006 making express reference to the assumption that general references include any functions exercised on behalf of another person.
- Schedule 9 contains amendments to reflect the broader approach taken by clause 61 to delegated functions.
- Clause 63 addresses guidance about joint appointments.
- Clause 64 covers delegation agreements between NHS bodies and local authorities.
- Statutory guidance will be developed in concert with local authorities represented by the Local Government Association.
- Clause 63 allows NHS England to issue guidance for joint appointments between NHS bodies and local authorities.
- Clause 64 amends sections 72 and 82 of the National Health Service Act 2006.
- The clause inserts a new power for the Secretary of State to make guidance related to co-operation duties in specific areas.
- Clause is about driving greater integration between health and care organisations.
- Example given from 2008/2009 shows a joint appointment worked well in a local authority-NHS context.
- Minister argues Secretary of State's power is necessary for overseeing joint appointments to ensure effective governance.
- Amendment 84 aims to ensure payments to private providers are at tariff price.
- Amendment 100 would require NHS England to obtain approval from the Secretary of State before publishing the payment scheme.
- The new NHS payment scheme will apply to all providers, including voluntary and independent sectors.
- Integrated care boards can object to proposed changes in the payment scheme.
- Clause 37 grants the Secretary of State powers to direct NHS England on publication and content of the payment scheme.
- MP Sheryll Murray clarifies that there is no hard stop on a Thursday regarding time limits in the Committee discussion.
- The clause governs how billions of pounds will be spent every year.
- The speaker is surprised by the Secretary of State's limited involvement in setting payment levels for treatments.
- Amendment 100 offers a lighter approach compared to using clause 37 powers.
- The debate on the Health and Care Bill was ordered to be adjourned.
- The adjournment was announced by Steve Double.
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