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New care models - helping you to deliver your plans

6 July 2017

With the focus on Sustainability and Transformation Plans / Partnership (STPs) it can be easy to forget that the new care model / vanguards arrangements - such as Multi-speciality Community Providers (MCPs), Primary and Acute Care Systems (PACS), Enhanced Health in Care Homes, Urgent and Emergency Care vanguards (UECs) and Acute Care Collaborations (ACCs) - are key to many of those STPs.

These new care model projects - being pursued by vanguards and non-vanguards - are complex and, in addition to the commercial and strategic issues they raise, there are various legal issues that need to be considered - for example:

For MCP, PACS and other new contracting arrangements

  • What level / type of consultation and engagement is required? How does it fit with your STP?
  • What structure / care model should you adopt? Are you familiar with the emerging MCP contract and related alliance / integration agreements?
  • How will the procurement rules apply? What process should be followed?
  • How will the new Integrated Support and Assurance Process (ISAP) apply?
  • Who are the relevant commissioners for the services? How will they come together? Are CCG and local authority joint-commissioning arrangements – section 75 agreements – in place or needed?

For ACCs and other provider collaborations

  • How might that be structured? Depending on the type of collaboration, could a contractual joint venture (JV), committees in common governance structure or (subject to vires issues) a corporate JV be beneficial? Is that an end in itself or a stepping-stone to a formal merger?
  • Do competition / merger control issues arise?
  • What information governance issues arise and what framework is needed to ensure legal sharing of personal and sensitive personal data?
  • What is the impact on workforce, and what employment / pension issues arise?
  • What are the opportunities and restrictions in relation to property & estates?

Why us?

We are currently supporting clients across the country on new care model plans, provider merger / collaboration issues, and on wider STP governance arrangements. Our projects range from joint ventures and MCP arrangements to statutory trust mergers.

We therefore understand the issues and challenges you are facing and our work to-date also means that we have excellent contacts within NHS England / NHS Improvement. Last year, Jonathan Hayden, a partner in our commercial health team completed a six month secondment to NHS England, working at the heart of the New Care Models team, and with NHS Improvement and with vanguards on the development of the various care models and contracting / organisational form options.

You therefore get in-depth national expertise from a genuine health and social care law firm (rated as a ‘tier 1’ healthcare law firm by the key legal directories and acting for over 50 NHS organisations and over 150 local authorities) with support available across the country from our offices in Birmingham, Exeter, London, Manchester and Nottingham.

How can we help?

We can (and often do) provide full project support, even co-ordinating / sourcing support from non-legal consultants to ensure an end-to-end service, but we are equally happy to help on discrete areas. We are also asked to carry out spot checks or to sense-check legal advice provided by others, often where advice has been sought/ shared across several organisations but the individual organisations want their own advice to make sure a proposal also works for them.

We are on all of the key legal service frameworks, so working with us couldn’t be easier.

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The content on this page is provided for the purposes of general interest and information. It contains only brief summaries of aspects of the subject matter and does not provide comprehensive statements of the law. It does not constitute legal advice and does not provide a substitute for it.

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