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The majority of respondents welcomed the proposed approach of the FOMI offence through regulations. While concerns were raised about the policy, most respondents requested guidance on how the offence should operate. In view of these comments, we have worked with Crown Prosecution Service (CPS), the Health and Social Care Information Centre (HSCIC), the Association of Chief Police Officers (ACPO) and other stakeholders to produce guidance for providers on the FOMI offence.
The Care Bill 2014 will make it a criminal offence for a healthcare provider to supply or publish false or misleading information.
The offence included in the Care Bill is very wide in its application. It can be limited by secondary legislation so it will only apply to some providers and information. This consultation document explains the proposed regulations to limit the reach of the offence to:
- providers of NHS funded secondary care (such as hospitals)
- certain types of information that healthcare providers are required to publish or submit
This consultation seeks views on:
- whether the suggested types of information should fall within the reach of the offence?
- whether proposed list captures the information that is important to the public, commissioners and regulators?