Government
proposes shake-up to competition rules in the NHS
The
Department of Health and Social Care has published a White Paper setting out
legislative proposals for a Health and Care Bill. This will remove the changes
to the competition rules that were introduced by the Health and Social Care Act
2012.
The
government intends to remove NHS Improvement’s competition functions (concurrent
competition powers) and its general duty to prevent anti-competitive behaviour.
It
will also remove the role of the CMA in mergers involving NHS foundation
trusts. The CMA will also no longer have a role in relation to contested
licence conditions or National Tariff provisions.
The
government also intends to revoke the Procurement, Patient Choice and
Competition Regulations 2013, which govern the commissioning of health care
services for the purposes of the NHS.
Many
of the proposals build on the NHS’s recommendations in its Long Term Plan. The outbreak of COVID-19 has raised further
questions about sustainability. There are currently increased costs for
the delivery of each patient episode (outpatient, diagnostics, surgery) due to
COVID-19 requirements for personal protective equipment, cleaning, additional
theatre precautions etc. in order to reduce potential infection risks. Who will pay for this?
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