CQC's new regime: How to protect your business 26 November 2014

Health and Social Care Specialists Challenging CQC inspections and enforcement Negotiations with local authorities and CQC Recovery of fees Safeguarding Mental capacity and Court of Protection Contracts Employment law Business sales and acquisitions Commercial property, leases and tenancies

CQC's new regime: How to protect your business Mei-Ling Huang, Partner

Overview Fit and Proper Person Duty of Candour Challenging inspection reports Ratings and challenging ratings Enforcement by CQC New regulations – Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 (version dated 6 November 2014)

Fit and Proper Person (1) New regs only apply to NHS bodies BUT DOH will extend this to care from April Requirements −Good character −Competence, skills, qualifications −Health Reasons to bar CQC’s powers

Fit and Proper Person (2) What do you need? −Role specifications −Service agreements −Review disciplinary procedures −Performance reviews −Recruitment checklists −Training

Duty of Candour (1) What must you do? −Inform SU/RP of notifiable safety incident −Provide truthful written account −Apology −Provide reasonable support −Keep them informed −Keep records

Duty of Candour (2) CQC’s powers What do you need to do? −Policy −Training for ALL staff −Organise records −Deal with insurance −Analyse and learn from incidents

Challenging Draft Inspection Reports 10 working days Know your deadline Make sure you receive the draft Don’t complain about the inspector Challenge on appropriate grounds Provide evidence Pick your fights

Ratings CQC’s website Possible new legal requirement to display on the premises

Ratings Outstanding, good, requires improvement, inadequate How are ratings determined? Ratings limiters

Ratings reviews Grounds – procedural Review by senior person Ratings Review Panel Chief Inspector No appeal except to Ombudsman or judicial review

Enforcement action Purposes: −Protect from harm; −Hold to account No more escalation “Appropriate” enforcement Prosecution

Potential prosecutions Need for consent Safe care and treatment Safeguarding service users from abuse Meeting nutritional needs Cleanliness safety and suitability of premises and equipment Duty of Candour Failure to supply information

We can help… Duty of Candour Policy Fit and Proper Person (FPP) −FPP Recruitment Checklist and Board member Questionnaire −Directors’ Service Agreements −Partnership Agreements −Recruitment Training −Absolute Employment Protection Service −Appeals against CQC decisions to remove a Board member Challenging CQC inspection reports and enforcement action

Conclusion Get to grips with new regimes now Deal with problems immediately We can help! Thank you

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Thank you for listening! For a free initial consultation please contact: Mei-Ling Huang Partner, Social Care Team

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