John Wearing
PartnerSpecialist in health and social care.
My role involves providing company law and commercial advice including strategic planning advice at boardroom level to a wide range of health and social care organisations. My team also advises on joint ventures between public, private and voluntary-sector providers. I work with family business and professional partnerships to ensure efficient and appropriate structures, incorporations and disputes.
My experience includes strategic advice on governance, risk management, contracting, portfolio management and large-scale transfers of community care facilities. I have significant experience with advising on a variety of corporate structures and contractual arrangements between general practitioners and Primary Care Trusts.
The recent Competition and Markets Authority’s (CMA) final guidance on care home contracts clearly presents a challenge – it is almost certain that providers will need to revise their contracts.
A new National Framework for Continuing Health Care (CHC) and other NHS funding for health and social care services came into effect on 1 October 2018.
Background JF was, at the relevant time, 22 and he has complex needs arising from his learning disabilities and autism. He was at a further education college with his placement, due to terminate at the end of March 2016.
On page 68 of the report is a table which sets out which regulations were breached when enforcement action was taken. The table shows that failures in governance were the most common marker indicating the need for enforcement action.
Those providers who have sought to challenge Care Quality Commission (CQC) will have quickly come to realise that very little protection is given against such unfair judgements and whilst CQC are clearly not blind to their own potential failings, and will listen if a sensible approach is taken, there are few procedural safeguards in place should CQC appear to abandon fairness.
[media id=653]Well, we can all feel inadequate on a bad day and it may sound a bit of an old advertiser’s cliché, but in this case it can have disastrous long-term effects.
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