On 17 November 2011 we produced an article entitled "Glimpses of the Future? Monitor Reveals Proposed Licensing Regime" which set out that Monitor had started to prepare for its new role, as regulator of NHS healthcare providers, in anticipation of the Health and Social Care Bill (the "Bill") becoming law.

As set out in our previous article, Monitor have stated that they are likely to need to develop and introduce a new regulatory regime relatively quickly on the back of the Bill becoming law and for that reason they have started thinking about the shape and content of the proposed licensing regime. This has been set out in "Developing the new NHS Provider Licence: A Framework Document"  (the "Framework").

Monitor wanted Stakeholders to start considering the future regime so they could contribute to Monitor's initial engagement process, which ended on 12 December 2011. Monitor has confirmed it is now collating the responses it received in order to issue a response for further engagement in 2012.

In the meantime…

On 16 December 2011, Monitor published six documents which make up the first tranche of licence conditions on which they are engaging. Monitor is seeking Stakeholder views on these proposed conditions by 5pm on Monday 23 January 2012. These six documents seek to explore the proposed licence conditions, which are set out in “chapters” as part of Monitor’s modular structure for  licences. The six documents can be found on Monitor's website and are:

  1. General licence conditions (Chapter 1)
  2. Pricing licence conditions (Chapter 2)
  3. An overview of our approach to the Competition Oversight and Integrated Care licence conditions (Chapter 3)
  4. Continuity of Services licence conditions  (Chapter 4)
  5. Foundation Trust Governance and Financial Oversight licence conditions (Chapter 5)
  6. Foundation Trust Enduring licence conditions  (Chapter 6)

The documents set out a series of questions for Stakeholders and how to contribute your views.

The next tranche…

Monitor have also revealed additional Stakeholder engagement documents relating to Monitor's second tranche of licence conditions will be published in early 2012 and will cover:

  • Competition Oversight and Integrated Care licence conditions
  • further Pricing licence conditions; and
  • further Continuity of Services licence conditions.

It is important to engage in the process now and as the consultation evolves because the new licensing regime will have major legal, commercial and practical implications for the majority of NHS providers. 

So remember…

…the next date for your diary is 23 January 2011.

How can we help?

Our commercial team would be happy to assist you with understanding the Bill, the initial engagement including the Framework and what this may mean for your organisation, how to make preparations for the future and what we consider to be the key issues which require consideration.

We can also provide training and development support for Boards of Directors and Councils of Governors to help prepare for the new healthcare and governance landscapes.