Report (5th Day)

Part of Health and Social Care Bill – in the House of Lords at 8:45 pm on 6th March 2012.

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Photo of Earl Howe Earl Howe The Parliamentary Under-Secretary of State for Health 8:45 pm, 6th March 2012

My Lords, I understand the noble Baroness's question. It might be best if I wrote to her because the circumstances that she posits are such as to make it important that I do not get it wrong if I give her an answer now. As she knows, the broad answer to her question is that our aim is for all NHS-funded care to be covered. She has raised a particular set of circumstances on which I shall have to take advice, if she will allow.

Amendment 190 agreed.

Clause 95 : Standard conditions

Amendments 191 and 192 not moved.

Clause 97 : Limits on Monitor's functions to set or modify licence conditions

Amendments 193 to 195

Moved by Earl Howe

193: Clause 97, page 109, line 13, at end insert-

"(da) for the purpose of enabling health care services provided for the purposes of the NHS to be provided in an integrated way where Monitor considers that this would achieve one or more of the objectives referred to in subsection (2A);

(db) for the purpose of enabling the provision of health care services provided for the purposes of the NHS to be integrated with the provision of health-related services or social care services where Monitor considers that this would achieve one or more of the objectives referred to in subsection (2A);

(dc) for the purpose of enabling co-operation between providers of health care services for the purposes of the NHS where Monitor considers that this would achieve one or more of the objectives referred to in subsection (2A);"

194: Clause 97, page 109, line 22, at end insert-

"(2A) The objectives referred to in subsection (2)(da), (db) and (dc) are-

(a) improving the quality of health care services provided for the purposes of the NHS (including the outcomes that are achieved from their provision) or the efficiency of their provision,

(b) reducing inequalities between persons with respect to their ability to access those services, and

(c) reducing inequalities between persons with respect to the outcomes achieved for them by the provision of those services."

195: Clause 97, page 109, line 29, at end insert-

"( ) In subsection (2)(db), "health-related services" and "social care services" each have the meaning given in section 61(11)."

Amendments 193 to 195 agreed.

Clause 98 : Conditions: supplementary

Amendment 196 not moved.

Amendment 196ZA

Moved by Lord Warner

196ZA: After Clause 99, insert the following new Clause-

"Notification of commissioners where continuation of services at risk

(1) This section applies where Monitor-

(a) takes action in the case of a licence holder in reliance on a condition in the licence under section 98(1)(i), (j) or (k), and

(b) does so because it is satisfied that the continued provision for the purposes of the NHS of health care services to which that condition applies is being put at significant risk by the configuration of certain health care services provided for those purposes.

(2) In subsection (1), a reference to the provision of services is a reference to their provision by the licence holder or any other provider.

(3) Monitor must as soon as reasonably practicable notify the National Health Service Commissioning Board and such clinical commissioning groups as Monitor considers appropriate-

(a) of the action it has taken, and

(b) of its reasons for being satisfied as mentioned in subsection (1)(b).

(4) Monitor must publish for each financial year a list of the notifications under this section that it has given during that year; and the list must include for each notification a summary of Monitor's reasons for being satisfied as mentioned in subsection (1)(b).

(5) The Board and clinical commissioning groups, having received a notification under this section, must have regard to it in arranging for the provision of healthcare services for the purposes of the NHS."