Staying Alive: Service User Contracts, CQC and Commissioners

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Presentation transcript:

Staying Alive: Service User Contracts, CQC and Commissioners Mei-Ling Huang, Royds Withy King Health & social care team

Our services for care providers CQC inspections and enforcement litigation HR and employment safeguarding and inquests mental capacity and DOLS service user contracts contract negotiations and disputes business sales and acquisitions property development, construction and finance immigration law

Overview CMA market study and service user contracts CQC enforcement action Commissioning

Service User Contracts The Competition and Markets Authority, (CMA) has done a market study of care home contracts. Main issue: service user contracts in care homes often do not comply with consumer law. A new area of vulnerability for providers.

Service User Contracts Nursing Home A charged a top up on CHC funding. The contract made clear that the top up was a room amenity fee. Sea view and balcony. Nursing Home B charged a top up on CHC funding. The contract described the top up as covering the gap between the actual cost of care and what the NHS would pay.

Problem areas Information Upfront fees and deposits Charging fees on death Fees increases Guarantors FNC payments Fees when a person is absent Third-party top ups

Service User Contracts The goalposts have been moved. Revise your contracts to avoid future problems. This is an easy (affordable) win.

CQC Main issues: Easy to fall into “requires improvement”; Heavy compliance action when a provider is rated RI, re-inspected and doesn’t improve; Harsh compliance action more generally.

CQC Guidance on repeated ratings of RI: http://www.cqc.org.uk/guidance-providers/adult-social-care/services-repeatedly-rated-requires-improvement

CQC Compliance action Cancellation of registration when rated RI. Criminal enforcement for failing to have a registered manager and other breaches of the regulations. Demands for the production of information. Conditions being placed on registration, such as audits and action plans.

Commissioners CCG’s trying to cut FNC and CHC costs.

Questions?