Clause 43 - Notice requiring production of documents
Health Bill
6:00 pm

Photo of Jane Kennedy

Jane Kennedy (Minister of State (Quality and Patient Safety), Department of Health; Liverpool, Wavertree, Labour)

On retrospection, the counter fraud service already has powers to recover losses—even going back over time—where it uncovers fraud and can demonstrate that it has taken place. Where there is evidence that the contractor has abused contracts that have been agreed, the counter fraud service already has powers to recover funds from the organisation that has been defrauding the NHS. Those powers will apply to records—including those created before the legislation—that might be relevant to counter-fraud work. There would need to be clear evidence of fraud, and the vast majority of people engaging in contracts with the NHS have nothing to be concerned about in these powers. However, as I have said, there are already powers to take action. They have been used on many occasions and hundreds of thousands, if not millions, of pounds have been recovered for the NHS through being able to demonstrate that fraud had been taking place.

The new powers will apply to all those who are directly employed and, equally, to all of those contracted to provide medical services to the NHS. By that, I do not just mean the independent sector. All of those who are contracted but whom we do not normally think of as working in the private sector—GPs, for example, opticians, dentists and others—would be counted as such contractors.

I hope that I have given the hon. Gentleman the reassurance that he sought in raising those concerns.

Question put and agreed to.

Clause 43 ordered to stand part of the Bill.

Clauses 44 to 46 ordered to stand part of the Bill..

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