Monitor consults on guidance concerning NHS regulations

Monitor recently launched a public consultation on its proposed guidance in relation to the controversial NHS (Procurement, Patient Choice and Competition) (No.2) Regulations 2013.

The recently introduced regulations are intended to ensure good practice in the procuring of healthcare services by those responsible for commissioning NHS health services (i.e. clinical commissioning groups and NHS England — the adopted name of the NHS Commissioning Board). The regulations are also intended to protect patient choice and to prevent anti-competitive behaviour, except where it is in the interests of NHS patients.

Monitor will be dealing with complaints brought under the regulations and has a number of new enforcement powers. This new regime builds on an area previously overseen by the Cooperation and Competition Panel and provides an alternative to using the courts in order to challenge decisions relating to the commissioning of NHS healthcare…

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