No decision about me, without me - Department of Health

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Delivering patient choice 5.23 We are committed to expanding the offer of patient choice as part of making “no decision about me, without me” the norm in the NHS. The NHS Constitution 5.24 Patients are currently entitled to choice and information to support their choices as set out in the NHS Constitution. As we outlined earlier, we will be extending the scope of this offer to include, for the first time, the right to choose the named consultant-led team that you see and the professionally led team that you see for secondary care mental health services for your first outpatient appointment. We intend to update the Handbook to the NHS Constitution to reflect these additional rights to choice. Monitor and section 75 regulations 5.25 All patients must be able to exercise their rights to make choices in primary and elective care, as set out in the NHS Constitution. These are national rights and patients should be able exercise them wherever they live in England. 5.26 The Department of Health is currently consulting on proposals to establish regulations that would include requirements to safeguard patients’ rights to exercise choice. The regulations would prohibit commissioners from reaching agreements or taking any other actions that would be inconsistent with a patient’s right to exercise choice as set out in the NHS Constitution. 5.27 Monitor, the sector regulator with a main duty to protect and promote the interests of patients, would oversee the regulations. This means that, in future, Monitor would be able to consider complaints that a commissioner has taken action that is inconsistent with a patient’s right to choose. Monitor will have powers to investigate and powers to direct commissioners to change their approach if they have breached the regulations. NHS Standard Contract 5.28 Placing requirements on providers would be a key mechanism in embedding choice in the NHS. Requirements could include instruction to: 29
i. list all services eligible for patient choice on the Choose and Book system; ii. list services against a lead healthcare professional (e.g. consultant) as and where appropriate, including on Choose and Book; iii. accept all clinically appropriate referrals made through Choose and Book; iv. publish the information needed to support these choices; and v. work together with commissioners to ensure that service users are not delayed or inconvenienced by insufficient appointment slots being made available to Choose and Book. 5.29 It will be for the NHS Commissioning Board to consider how these factors might be reflected in its planning guidance, including any impact on the standard contract, both of which will be published following its receipt of the Government’s mandate. The Choice Framework 5.30 The Department of Health’s Choice Framework for NHS funded care and treatment in England published alongside this consultation response, brings together, for the first time, the choices available to patients all along the care pathway. This supports the Government’s Open Public Services agenda, which aims to ensure that everyone has access to the best possible public services. 5.31 The NHS Choice Framework sets out clear expectations for the NHS Commissioning Board and commissioners about the choices patients ought to be able to make, and ensures that patients have clarity over what choices they can reasonably expect to have about where they go and who they see for treatment. 5.32 The Framework summarises the outcome of the consultation process on the proposals to make “no decision about me, without me” through increasing patient choice. It sets out what choices people can expect to have in the following areas: • Choosing your GP practice • Choosing where to go for your first appointment as an outpatient • Choosing which consultant will be in charge of your treatment 30
Page 1: Liberating the NHS: No decision abo
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Page 8 and 9: 1.10 In total, 172 valid 9 response
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No decision about me, without me - Department of Health

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