Health And Social Care Bill

On 19 January 2011, the Government introduced the Health and Social Care Bill to the House of Commons. The Bill received its second reading on 31 January. The Bill is intended to give effect to the policies requiring primary legislation that were set out in the July 2010 White Paper "Equity and Excellence: Liberating the NHS".

Whether the Bill is the most significant piece of legislation concerning the National Health Service since the National Health Service Act 1946 or simply another in a long line of NHS reforms punctuated by the National Health Service and Community Care Act 1990 (NHS Trusts and GP fund holding), the Health Act 1999 (PCTs and an end to GP fund holding) and the Health and Social Care (Community Health and Standards) Act 2003 (Foundation Trusts) remains to be determined.

Overview

The main elements of the Bill are as follows:

The creation of an NHS Commissioning Board (clause 5), the creation of Commissioning Consortia (clause 6) and the abolition of Strategic Health Authorities and Primary Care Trusts (clauses 28 and 29) New provisions on the regulation of health services including new powers for Monitor (clause 51ff), a new licensing regime (clause 74ff), provisions on pricing (clause 103ff) and a new freedom for Foundation Trusts (clause 136ff) The creation of Healthwatch England (clause 166) and the establishment of Health and Wellbeing Boards (clause 178ff) The abolition of the General Social Care Council and the taking over by the renamed Health and Care Professions Council of its functions (clause 196ff) Commissioning

At the heart of the Bill is the shift of responsibility for commissioning from Primary Care Trusts to an NHS Commissioning Board overseeing Commissioning Consortia regulated by it. The NHS Commissioning Board will oversee the Consortia. At the start of each financial year the Secretary of State will publish the "mandate" setting out the objectives of the Board for that financial year, which the Board must then seek to achieve, and the amount of money allotted to the Board, which the Board is expected to work within. The Board has a number of general duties including to improve the quality of health services and to innovate. The Board will publish a Business Plan at the start of each year and an annual report at the end. The Secretary of State may direct the Board if he considers it has failed to discharge any of its functions.

Commissioning Consortia will be bodies corporate with the power to enter...