The Government is making regulations under Section 75 of Health and Social Care Act 2012 (HSCA) in order to maintain key existing requirements falling on Primary Care Trusts (PCTs) which are to be abolished.
This includes establishing good procurement practice, protecting patient choice and addressing anti-competitive conduct where this acts against the interests of patients.
This is necessary: 1) To set an appropriate framework of rules for commissioners to ensure value for money and protect patients’ rights to choice without undermining their ability to secure services that meet patient need. 2) To ensure all relevant statutory/non-statutory requirements are mapped over to the new rules framework, giving Monitor an appropriate statutory enforcement role. 3) To establish a process for providers to seek redress, providing a credible alternative to seeking redress or damages through the courts.