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commercial contracts

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Getting your contracts right is essential, and contracting in the health and care sector is complex. 

You need an understanding of the full range of standard contracts and the limitations on their use. You also need to be aware of, not just the relevant legal requirements, but also national policy requirements. 

You therefore need lawyers with a combination of commercial and sector expertise.

We regularly advise local and national health/care commissioners and providers (across the public and independent sectors) on major projects (including national / regional procurements), arrangements for non-clinical goods and services (including for specialist areas like telephony and IT) and a wide range of contracts for clinical health/care services. Our health/care contracting experience includes advising on one of the first uses of the emerging Accountable Care Organisation (ACO) (now Integrated Care Provider or ICP) contract, on the use of alliance and integration agreements, the NHS Standard Contracts (full-length and shorter-form), primary care contracts (especially primary medical and dental contracts: General Medical Services (GMS), Personal Medical Services (PMS), Alternative Provider Medical Services (APMS), General Dental Services (GDS) and Personal Dental Services (PDS) contracts) and subcontracting arrangements. We also advise on contractual collaborations / joint ventures.

Our commercial health lawyers work exclusively for the health and care sector, including working at the heart of emerging national policy, and we also have dedicated specialists in all other related areas you may need – for example, procurement, competition, IP, IT, tax, employment and real estate – and we combine our sector expertise with the strength in depth you would expect from a national commercial firm.

related resources

Legal updates

The new model constitution for clinical commissioning groups

On 7 September, NHS England published a new model constitution for CCGs, together with FAQs and supporting notes. This is the first time that the model has been revised and updated since it was introduced in 2012, when CCGs were established.

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Legal updates

NHS England announces further consultation on the Accountable Care Organisation (ACO) contract

NHS England has recently announced that it will be undertaking further consultation in relation to the proposed Accountable Care Organisation (ACO) contract, which was being developed to support some of the new care models.

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Legal updates

January 2018 update to the 2017-19 NHS Standard Contract

Following consultation, an update to the 2017-19 NHS Standard Contract is available.

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Legal updates

Prison healthcare at fever pitch

The UK prison system reached fever pitch when, in August this year. An NHS England spokesperson conceded to the Guardian newspaper that conditions can be “challenging” despite the annual £500m funding it presides over, committed to associated health and justice services.

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