CQC's new regime: How to protect your
business
26 November 2014
Health and Social Care Specialists
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Challenging CQC inspections and enforcement
Negotiations with local authorities and CQC
Recovery of fees
Safeguarding
Mental capacity and Court of Protection
Contracts
Employment law
Business sales and acquisitions
Commercial property, leases and tenancies
CQC's new regime: How
to protect your business
Mei-Ling Huang, Partner
Overview
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Fit and Proper Person
Duty of Candour
Challenging inspection reports
Ratings and challenging ratings
Enforcement by CQC
New regulations – Health and Social Care Act 2008 (Regulated
Activities) Regulations 2014 (version dated 6 November 2014)
Fit and Proper Person (1)
• New regs only apply to NHS bodies BUT DOH will extend this to
care from April
• Requirements
− Good character
− Competence, skills, qualifications
− Health
• Reasons to bar
• CQC’s powers
Fit and Proper Person (2)
• What do you need?
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Role specifications
Service agreements
Review disciplinary procedures
Performance reviews
Recruitment checklists
Training
Duty of Candour (1)
• What must you do?
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Inform SU/RP of notifiable safety incident
Provide truthful written account
Apology
Provide reasonable support
Keep them informed
Keep records
Duty of Candour (2)
• CQC’s powers
• What do you need to do?
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Policy
Training for ALL staff
Organise records
Deal with insurance
Analyse and learn from incidents
Challenging Draft Inspection Reports
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10 working days
Know your deadline
Make sure you receive the draft
Don’t complain about the inspector
Challenge on appropriate grounds
Provide evidence
Pick your fights
Ratings
• CQC’s website
• Possible new legal requirement to display on the premises
Ratings
• Outstanding, good, requires improvement, inadequate
• How are ratings determined?
• Ratings limiters
Ratings reviews
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Grounds – procedural
Review by senior person
Ratings Review Panel
Chief Inspector
No appeal except to Ombudsman or judicial review
Enforcement action
• Purposes:
− Protect from harm;
− Hold to account
• No more escalation
• “Appropriate” enforcement
• Prosecution
Potential prosecutions
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Need for consent
Safe care and treatment
Safeguarding service users from abuse
Meeting nutritional needs
Cleanliness safety and suitability of premises and equipment
Duty of Candour
Failure to supply information
We can help…
• Duty of Candour Policy
• Fit and Proper Person (FPP)
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FPP Recruitment Checklist and Board member Questionnaire
Directors’ Service Agreements
Partnership Agreements
Recruitment Training
Absolute Employment Protection Service
Appeals against CQC decisions to remove a Board member
• Challenging CQC inspection reports and enforcement action
Conclusion
• Get to grips with new regimes now
• Deal with problems immediately
• We can help!
• Thank you
QUESTIONS
Thank you for listening!
For a free initial consultation please contact:
Mei-Ling Huang
Partner, Social Care Team
0117 930 8449
mei-ling.huang@qsbdlaw.com
What we do
Services for Businesses:
Business & Finance
Business Property
Business Start-ups
Charity Law
Debt Recovery
Litigation
Employment & Discrimination
Health & Social Care Law
Legal Costs
Pharmacy Law
Services for Individuals:
Conveyancing
Employment & Discrimination
Family & Relationships
Lasting Powers of Attorney
Litigation
Medical Negligence
Mental Capacity
Personal Injury
Probate
Wills and Tax Planning