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New regulation for health and adult social care providers

DEPARTMENT OF HEALTH News Release issued by COI News Distribution Service on 30 March 2009

A new framework to regulate the safety and quality of health and social care services was published today by the Department of Health, ahead of the new Care Quality Commission coming into effect on 1 April 2009.

From 2010/11, the Care Quality Commission will register all providers of health and adult social care services against a single set of registration requirements that are focused on the safety and quality of care. Without registering with the Care Quality Commission, it will be illegal for health and adult social care organisations to provide services that are in the scope of the new framework. To maintain their registration, providers will need to demonstrate an ongoing ability to meet all the requirements.

In addition, primary medical and primary dental care will also be brought into regulation by the Care Quality Commission. Given the increasing range of services offered in primary care, including minor operations and other services traditionally provided in hospitals, it is important that patients have the same degree of protection, regardless of where they receive their care. This means that, for the first time, all 8500 GP practices and 9000 high street dental practices will be required to register with the Care Quality Commission, regardless of whether they provide solely private, solely NHS services, or a mix of both.

Although GPs and other healthcare professionals are already individually registered by their professional governing bodies, this framework will give further reassurance to patients that they are protected. The Department of Health is working with relevant stakeholders to consider further how the new registration system will interact with existing regulation in this area.

Health Minister, Ben Bradshaw said:
"The way that health and adult social care services are being delivered is changing. The same person may well receive care from both health and social care providers in a range of settings including at their GP surgery, community or residential settings, hospital or from a range of public or independent providers.

"This is the first time that one single registration framework will ensure that the health and adult social care services people receive will be safe and of a high quality regardless of which organisation is providing it."

Cynthia Bower, Chief Executive, Care Quality Commission said:
"We are pleased that the response to the Department of Health's consultation is now published and we can take the draft regulations into our discussions with stakeholders to develop our methods for implementing the new registration system. The new system provides a historic opportunity and we are determined to ensure that we expand on the work done to date by the Department and build a robust framework of assurance of quality across all of health and social care."

This new system replaces the different sets of existing requirements and standards for each different provider - whether they are from the NHS, local authority, independent or voluntary sectors. The registration requirements provide flexibility for care providers, setting out what they must do, but not stipulating how they must do it.

The Department of Health has consulted widely to bring together the most appropriate regulations to enable the system to work effectively for health and adult social care, whilst also reflecting differences in the nature of services delivered by providers, for example, differences between how hospitals and residential care homes provide services.

Subject to Parliamentary approval, the registration system will be introduced from 2010/11. For the NHS, registration with the Care Quality Commission against requirements on healthcare associated infections (HCAI) will be implemented from April 2009.
Notes to Editors:

1. The new registration requirements will replace the core Standards for Better Health (which apply to the NHS), and the National Minimum Standards and Regulations (which apply to social care and independent sector health providers).

2. The Care Quality Commission will develop guidance that clearly sets out how it will judge compliance with the regulations and take appropriate action against those who fail to provide care that meets essential requirements on safety and quality.

3. The Department of Health has consulted widely on the overall regulatory framework. The November 2006 consultation document, The future regulation of health and adult social care in England, set out proposals for aligning the regulation of health and adult social care and making it consistent for providers from all sectors. The Government's formal response was published in October 2007: http://www.dh.gov.uk/en/consultations/closedconsultations/DH_063286

4. A consultation on the framework for the registration of health and adult social care providers, published 25 March 2008, sought views on which services should be within the scope of the new registration system, and what requirements providers need to meet to be registered. The response has been published today, together with a new consultation asking whether the proposed content of the draft regulations fulfils our stated policy aims: http://www.dh.gov.uk/en/consultations/closedconsultations/DH_083625

5. To ensure that the private and voluntary healthcare (PVH) sector continues to be regulated effectively under the Care Standards Act 2000, the Department of Health held a consultation from 18 March 2008 to 10 June 2008 on proposed changes to the Private and Voluntary Healthcare Regulations 2001. The response to the consultation on Proposed changes to the private and voluntary healthcare regulations is also being published today: http://www.dh.gov.uk/en/consultations/responsestoconsultations/DJ_096990

6. The Care Quality Commission will continue to operate the Care Standards Act and the associated Regulations for 2009/10. The new system for registration of NHS, independent and voluntary healthcare, and adult social care providers will be implemented from April 2010. Beginning in 2011/12, primary medical and dental care providers will start to be brought into registration. The proposed arrangements for managing the transition of providers to the new system will be set out by the Care Quality Commission in due course, and will be supported by secondary legislation where necessary.

7. The Health and Social Care Act 2008 established the Care Quality Commission, which came into being 1 October 2008. From 1 April 2009, the new Commission will take over the functions of the Healthcare Commission, the Commission for Social Care Inspection (CSCI) and the Mental Health Act Commission (MHAC).

8. In respect of healthcare and adult social care provided in England, the new Commission will have responsibilities for:

* registering care providers (including NHS, adult social care and independent sector healthcare providers);
* monitoring compliance with registration requirements;
* using enhanced enforcement powers (if necessary) to ensure service providers meet requirements;
* assess performance of providers and commissioners;
* keeping the Mental Health Act under review;
* a wider range of powers to help it manage the impact of regulation on service providers.

9. For more information and for press enquires please call the Department of Health Press Office on 0207 210 5221.