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A G E N D A 1. APOLOGIES FOR ABSENCE Ian Metcalfe 2 ...

A G E N D A 1. APOLOGIES FOR ABSENCE Ian Metcalfe 2 ...

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Board of Directors – Part I14 th June 2013Monitor Guidance on Procurement Patient Choiceand Competition Regulations<strong>1.</strong> IntroductionMonitor has recently released two draft consultation papers relating to the National HealthService (Procurement, Patient Choice and Competition) Regulations 2013 (No. 2).http://www.monitor-nhsft.gov.uk/regulating-health-care-providerscommissioners/cooperation-and-competition/our-cooperation-and-compeBoth of these sets of guidance are for commissioners (CCGs and NHS England). The firstindicates how commissioners can comply with these regulations and the second describesenforcement steps and processes that Monitor will take under the regulations. This paperis therefore split into two components; Compliance and Enforcement.The Board may recall the national debates about competition versus integration and thesedocuments are part of the evolution of that debate.As this is a consultation a number of questions are posed in each document. A completeset of these for the compliance document is at Annex A. The consultation periodconcludes on the 15 th July.The guidance adopts a principles based approach and the intention is that this allowscommissioners to make locally based decisions based on local needs and requirements.The over-arching requirement is that commissioners must;• Adhere to good practice in relation to the procurement of NHS funded healthcareservices• Protect the rights of patients to make choices• Avoid anti-competitive behaviour, unless it is in the interests of NHS health careusersIn terms of application to an NHS FT, the guidance gives an idea of the procurementapproaches that are expected and where we may be able to dispute processes ordecisions that commissioners choose to take. This constitutes the formal procurementguidance to PCTs and therefore is likely to be the document that would guide and supporta challenge by a provider to a commissioner’s clinical procurement process.2. Compliance with the RegulationsThis document sets out the objectives of procurements;• Securing the needs of health care service users• Improving the quality of services and• Improving the efficiency with which services are providedMonitor Guidance on Procurement Patient Choice and Competition Regulations Page 1 of 4For Information

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