Guidance was sent to strategic health authorities and primary care trust chief executives in June 2012.
The letter provides instructions on how the clinical negligence risks associated with NHS commissioned elective activity undertaken by IS Providers can be covered by the CNST with respect to the NHS standard contracts for services (“NHS standard contracts”) let to independent sector (IS) providers that meet the relevant qualification criteria under “any qualified provider” for 2012-2013. These cover arrangements are to apply on “progression” independent sector treatment centres procurements that are planned or are underway, where clinical negligence risks are to be covered by the CNST.
This is an interim solution, and has been put in place because IS Providers are not yet able to become members of the CNST in their own right. This solution was informed by discussions with IS Providers, the NHS Litigation Authority and other stakeholders.