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Section 75 regulations risk fragmented services

Regulations are currently before Parliament that will govern how NHS services are commissioned. Though they have been revised, we remain concerned about the implications of the SI 500 and Section 75 provisions for competition in the health service.

The new regulations are coming into force with inadequate consultation, confusion over legal impact, and in the absence of promised guidance from Monitor even though it and Clinical Commissioning Groups (CCGs) will have to implement the regulations from 1 April 2013. 

Since February 2012 FPH has expressed its concern that the imperatives of competition and choice that the Health Act 2012 introduces will:

-    Prevent sound planning of health and care services,
-    Lead to fragmented health services,
-    Damage integration with social care and public health and
-    Severely disrupt population based health programmes such as screening, immunisation and children’s and adult safeguarding. 

We believe the Regulations should focus on enabling CCGs to get the best care for patients, not require them to spend taxpayers’ money on interpreting the new law and dealing with challenges from private sector companies about how services are tendered.

Written: 28/03/2013 , last modified: 12/09/2013