We act for an increasing number of PCTs, GPs and other healthcare professionals who have been proactively preparing for the impact of the GP commissioning agenda.
This will involve GPs coming together into GP Consortia – clinical commissioning groups with interested parties such as representatives from the Local Authority and acute trusts – to take over planning and buying the bulk of health services from PCTs, most of which are likely to be abolished by 2013.
Here are some examples of the clients we have recently worked with:
- Two PCTs collaborating with a view to reconfiguring themselves into a social enterprise, including establishing a GP commissioning support function. One current case involves the ground-breaking use of the ‘Teckal exemption’ to facilitate a smooth transition of PCT staff into an employee-led mutual
- A number of GP practices coming together in an innovative way to set up an independent shadow GP commissioning unit in anticipation of the reforms being implemented
- Several GPs currently employed by the local PCT seeking to establish a social enterprise as an independent commissioning arm for particular health services
We can offer expert assistance along the whole transition pathway, to help GPs and PCTs successfully engage with the GP commissioning/consortia agenda, including advising on:
- The appropriate legal structure for a new commissioning arm, whether a community interest company (CIC), a charity, a straightforward share or guarantee company or otherwise, and setting it up
- The transfer of operations out of the NHS into a new enterprise, including in relation to staff, TUPE and pensions issues, in particular how to ensure continued eligibility for transferring staff in the NHS pension scheme and Direction Employer status
- The initial and ongoing contractual arrangements between a new enterprise’s service suppliers and the Department of Health
- The procurement rules in relation to the commissioning of services and State Aid issues
- The relationship between the various parties in the chain and management of conflicts of interest, in particular between commissioning arms and their providers