NHS Standard Contract 2017/18 Particulars (Shorter Form)
Ref: 11H.1718.
NHS STANDARD CONTRACT 2017/18 PARTICULARS (Shorter Form) 11H.1718.
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NHS Standard Contract 2017/18
Particulars (Shorter Form)
First published: November 2016
Prepared by: NHS Standard Contract Team
Publications Gateway Reference: 06039
Document Classification: Official
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DATE OF CONTRACT
1st April 2017
SERVICE COMMENCEMENT DATE
1st April 2017
CONTRACT TERM
12 Months commencing 1ST April 2017 - 31ST March 2018
COMMISSIONERS
CO-ORDINATING Commissioner
Not Used
PROVIDER
Contract Reference
11H.1718.
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CONTENTS
PARTICULARS
SCHEDULES SCHEDULE 1 – SERVICE COMMENCEMENT AND CONTRACT TERM (Schedule 1B Intentionally Omitted)
A. Conditions Precedent C. Extension of Contract Term
SCHEDULE 2 – THE SERVICES (Schedule 2C, 2E, 2F, 2H, 2I, 2L Intentionally Omitted)
A. Service Specifications B. Indicative Activity Plan D. Essential Services G. Other Local Agreements, Policies and Procedures J. Transfer of and Discharge from Care Protocols K. Safeguarding Policies and Mental Capacity Act Policies
SCHEDULE 3 – PAYMENT (Schedule 3D, 3E, 3G Intentionally Omitted) A. Local Prices B. Local Variations C. Local Modifications F. Expected Annual Contract Values
SCHEDULE 4 – QUALITY REQUIREMENTS (Schedules 4B, 4E – 4G Intentionally Omitted)
A. Operational Standards and National Quality Requirements C. Local Quality Requirements D. Commissioning for Quality and Innovation (CQUIN)
SCHEDULE 5 – INTENTIONALLY OMITTED
SCHEDULE 6 – CONTRACT MANAGEMENT, REPORTING AND INFORMATION REQUIREMENTS (Schedules 6B, 6D, 6E Intentionally Omitted)
A. Reporting Requirements C. Incidents Requiring Reporting Procedure
SCHEDULE 7 – PENSIONS SCHEDULE 8 – TUPE
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SERVICE CONDITIONS (Service Conditions 7, 9, 14, 18-20, 22, 26-27, 31 intentionally omitted)
SC1 Compliance with the Law and the NHS Constitution SC2 Regulatory Requirements SC3 Service Standards SC4 Co-operation SC5 Commissioner Requested Services/Essential Services
SC6 Choice, Referrals and Booking SC8 Making Every Contact Count and Self Care SC10 Personalised Care Planning and Shared Decision Making SC11 Transfer of and Discharge from Care SC12 Communicating With and Involving Service Users, Public and Staff SC13 Equity of Access, Equality and Non-Discrimination SC15 Places of Safety SC16 Complaints SC17 Services Environment and Equipment SC21 Antimicrobial Resistance and Healthcare Associated Infections SC23 Service User Health Records SC24 NHS Counter-Fraud and Security Management SC25 Procedures and Protocols SC28 Information Requirements SC29 Managing Activity and Referrals
SC30 Emergency Preparedness, Resilience and Response
SC32 Safeguarding and Mental Capacity SC33 Incidents Requiring Reporting SC34 Care of Dying People SC35 Duty of Candour SC36 Payment Terms SC37 Local Quality Requirements and Quality Incentive Schemes SC38 Commissioning for Quality and Innovation (CQUIN) GENERAL CONDITIONS (General Conditions 6-7, 34-35 intentionally omitted) GC1 Definitions and Interpretation GC2 Effective Date and Duration GC3 Service Commencement GC4 Transition Period GC5 Staff GC8 Review GC9 Contract Management GC10 Co-ordinating Commissioner and Representatives GC11 Liability and Indemnity GC12 Assignment and Sub-Contracting
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GC13 Variations GC14 Dispute Resolution GC15 Governance, Transaction Records and Audit GC16 Suspension GC17 Termination GC18 Consequence of Expiry or Termination GC19 Provisions Surviving Termination GC20 Confidential Information of the Parties GC21 Patient Confidentiality, Data Protection, Freedom of Information and
Transparency GC22 Intellectual Property GC23 NHS Identity, Marketing and Promotion GC24 Change in Control GC25 Warranties GC26 Prohibited Acts GC27 Conflicts of Interest and Transparency on Gifts and Hospitality GC28 Force Majeure GC29 Third Party Rights GC30 Entire Contract GC31 Severability GC32 Waiver GC33 Remedies GC36 Notices GC37 Costs and Expenses GC38 Counterparts GC39 Governing Law and Jurisdiction Definitions and Interpretation
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CONTRACT This Contract records the agreement between the Commissioners and the Provider and comprises
1. the Particulars; 2. the Service Conditions (Shorter Form);
3. the General Conditions (Shorter Form),
as completed and agreed by the Parties and as varied from time to time in accordance with GC13 (Variations). IN WITNESS OF WHICH the Parties have signed this Contract on the date(s) shown below SIGNED by
………………………………………………………. Signature
Chief finance Officer for and on behalf of CLINICAL COMMISSIONING GROUP
Chief Finance Officer ………………………………………………… Title ………………………………………………………. Date
SIGNED by CLINICAL COMMISSIONING GROUP
………………………………………………………. Signature
SIGNED by
………………………………………………………. Signature
I AM HEALTH for and on behalf of SOMEWHERE PHARMACY
………………………………………………………. Title ………………………………………………………. Date
Contract ref:
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SERVICE COMMENCEMENT AND CONTRACT TERM
Effective Date
Expected Service Commencement Date
1st
April 2017
Longstop Date
Not Used
Service Commencement Date
1st
April 2017
Contract Term 12 months commencing 1
st April 2017
Option to extend Contract Term
No
Notice Period (for termination under GC17.2)
28 days written notice but under exceptional circumstances, this contract can be immediately terminated by mutual consent between commissioner and provider
SERVICES
Service Categories Selected
Community Services (CS) Yes Continuing Healthcare Services (CHC) No
Diagnostic, Screening and/or Pathology Services (D) No
End of Life Care Services (ELC) No Mental Health and Learning Disability Services (MH) No Patient Transport Services (PT) No
Service Requirements
Essential Services (NHS Trusts only) No
PAYMENT
Expected Annual Contract Value Agreed No National Prices Apply to some or all Services (including where subject to Local Modification or Local Variation)
Yes
Local Prices Apply to Some or All Services Yes
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GOVERNANCE AND
REGULATORY
Provider’s Nominated Individual
Provider’s Information Governance Lead
Provider’s Caldicott Guardian
Provider’s Senior Information Risk Owner
Provider’s Accountable Emergency
Officer
Provider’s Safeguarding Lead
Provider’s Child Sexual Abuse and
Exploitation Lead
Provider’s Mental Capacity and
Deprivation of Liberty Lead
Provider’s Freedom To Speak Up
Guardian
CONTRACT MANAGEMENT
Addresses for service of Notices
Commissioner Representative(s)
Provider Representative
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SCHEDULE 1 – SERVICE COMMENCEMENT
AND CONTRACT TERM
A. Conditions Precedent
The Provider must provide the Co-ordinating Commissioner with the following documents and
complete the following actions:
1. Evidence of appropriate Indemnity Arrangements (Public Liability Insurance and Employers Liability Insurance) if requested
2. Evidence of General Pharmaceutical Council (GPHC) registration of
Provider Premises (available online).
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C. Extension of Contract Term
NOT USED
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SCHEDULE 2 – THE SERVICES
A. Service Specifications
ONE of TWO – Emergency Supply Service
1 Aims and Intended Service Outcomes
1.1 To improve patient experience when an emergency supply of a prescription-only medicine is required, ensuring prompt access and continuity of supply
1.2 To reduce pressure on urgent care services by delegating emergency
medication supplies to pharmacists where possible
2 This service should benefit patients when:
2.1 The patient meets all the legal criteria for an emergency supply
2.2 The patient is unwilling to pay for this supply, and intends to otherwise seek a
prescription
3 Scope of Service
3.1 This Service facilitates the appropriate emergency supply of medication by enabling the pharmacy contractor to charge Bristol CCG for the trade cost of the POM supplied, plus a consultation fee
3.2 All legal and ethical decisions on the part of the pharmacist remain as outlined in
current RPS and GPhC guidance, including current advice on quantity of medicine to be supplied
3.3 Note that only POMs may be supplied under this scheme. Other items such as appliances, borderline substances, and medicines classified as General Sales List (GSL) or Pharmacy-only (P) should be supplied privately
3.4 If a pharmacy contractor agrees to provide this service, they must ensure that all staff working in the pharmacy when GP practices are closed (evenings, weekends, and bank holidays) are aware that they will be participating, and how to participate
3.5 This is an open access scheme and will be made available to all patients presenting for emergency supply at those pharmacies commissioned to provide this service by Bristol CCG
3.6 Note that
3.6.1 Patients that present directly to the pharmacy should be offered a standard private emergency supply
3.6.2 If the patient presents directly to the pharmacy, and an emergency supply is lawful and clinically appropriate, but the patient is unable
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to pay a private charge pharmacy staff can offer an emergency supply as part of this service
3.7 Pharmacy staff may receive telephone calls from GP OOH staff or NHS 111
staff referring patients who are requesting an emergency supply; this call should be handled by the pharmacist who should either agree to accept the referral or explain to the caller why this is not lawful, or clinically appropriate (e.g. in the case of controlled drugs)
3.8 Any patient that is not exempt from prescription charges must be charged for
each medicine that is supplied in an emergency at the same rate as the NHS prescription charge (currently £8.40 per item)
3.9 Any patient that is exempt from NHS prescription charges must be asked for proof of their exemption, and sign the relevant form to state that they are exempt from charges. Proof of exemption is not mandatory, but it must be requested
3.10 Pharmacy staff will keep a record of all supplies in the POM register and Patient Medication Record as usual. They will additionally keep a record of the patient’s declaration of exemption from prescription charges in PharmOutcomes
3.11 Pharmacy staff will submit a claim to Bristol CCG via PharmOutcomes so that we can reimburse medication costs, and provide remuneration for the service
3.12 All patients using the scheme should be given advice about the benefits of the NHS repeat dispensing service
3.13 Quality Indicators
3.13.1 The pharmacy reviews its standard operating procedures for emergency supply of medicines and signposting information on an annual basis. Review up to date guidance from RPS at http://www.rpharms.com/support-tools/emergency-supply.asp
3.13.2 The pharmacy is happy to liaise with Bristol CCG to audit the
service so that informed decisions can be made about how to improve it.
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3.14 Clinical incident reporting
3.14.1 To ensure that the information contained in the agreements for this
service are sufficient we would encourage contractors to feedback any adverse incidents that occur to Bristol CCG. Contact Jon Hayhurst on 0117 9841575
3.14.2 Any serious incidents will be dealt with in accordance with the relevant CCG policy: https://www.bristolccg.nhs.uk/media/medialibrary/2016/02/Serious_Untoward_Incident_Policy.pdf
3.14.3 Any incidents involving controlled drugs are legally required to be reported to the CD Accountable Officer in the NHS England BNSSSG Area Team responsible for Bristol – [email protected]
3.15 Complaints procedure
3.15.1 Any complaints from patients should be dealt with via the pharmacy’s own standard complaints procedure in the first instance. If the complaint is not resolved, the patient should direct their complaint to the PALS team at Bristol CCG, who can be contacted on 0117 976 6600.
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TWO of TWO – Directly Observed Therapy Service for Tuberculosis Treatment in Community Pharmacy
Population needs If untreated, a person with infectious (active) pulmonary TB infects on average 10 - 15 people every year . Expert opinion suggests that the average number of contacts for each case of TB is seven , although this will be influenced by the level of perceived risk in the community from each case (for example in the management of Incidents or Outbreaks). TB prevalence in Bristol has been an area of significant concern because our rate of 22.4 per 100,000 population significantly exceeded the England figure (12.0 per 100,000) . The TB rate for the South West in 2014 is 5.9 per 100,000. There were 321 cases of TB notified in the South West in 2014, of which 31% (99) were among Bristol residents and 40% (129) among BNSSG residents. In Bristol, the number of notified TB cases as well as TB incidence rate has shown a year on year increase since 2011. Nationally TB rates are reducing. The BNSSG TB Health Needs Assessment provides key information for the BNSSG TB strategy group to consider why TB rates are increasing in Bristol and recommendations to address the prevalence rate Applicable standards Collaborative Tuberculosis Strategy for England 2015 to 2020, 2015 Jan TB NICE Guidance NG33
1 Aims and Intended Service Outcomes
1.1 To support services providing care for the growing numbers of Tuberculosis
cases in Bristol
1.2 To ensure that patients prescribed antimicrobial therapy for the treatment of
tuberculosis (TB) can have their treatment supervised by a healthcare professional when this is appropriate
1.3 To reduce pressure on the community TB service by delegating supervision of
consumption of antimicrobial treatment to community pharmacists where possible.
1.4 To improve patient experience by making it possible for supervision to take place at the patient's local designated community pharmacy
1.5 This service should benefit patients:
1.5.1 When the patient needs to have their TB treatment supervised
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1.5.2 It will be less intrusive compared to observations in the patients
home
2 Scope of Service
2.1 This Service facilitates the appropriate supervision of medication consumption
by enabling the pharmacy contractor to charge Bristol CCG a fee for the dispensing (including consumables) and the supervision of the antimicrobial therapy for the treatment of TB prescribed on FP10(HP) prescription forms by secondary care
2.2 This service does not amend in any way the essential pharmaceutical services
regulations that the pharmacy must comply with under their terms of service with NHS England. Note the section on instalment dispensing however.
2.3 All legal and ethical decisions on the part of the pharmacist remain as outlined in current RPS and GPhC guidance
2.4 Only antimicrobials prescribed on form FP10(HP) for specific named patients
will be eligible under this scheme
2.5 Pharmacy staff may receive communication from Bristol Community Health TB
Service staff requesting that they refer appropriate patients. If the pharmacy contractor does not wish to provide the service they should make this clear at this point
3 If a pharmacy contractor agrees to provide this service,
3.1 They will to undertake training about the TB medications, they will be providing
and the DOTS. This training will be provided by Bristol Community Health TB nurse service
3.2 The TB nurse service will provide support pharmacists and review the patients
progress with the pharmacy regularly and act as a point of contact for any concerns about the patient. The Community TB service is supported by UHB Avon TB consultant
3.3 They will ensure that all staff working in the pharmacy are aware that they will
be participating, and how the scheme will run.
4 Note that:
4.1 Only patients that are exempt from NHS prescription charges will be referred into this scheme using an FP10 (HP) prescription
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4.2 Any patient that is exempt from NHS prescription charges must be asked for proof of their exemption, and sign the relevant form to state that they are exempt from charges. Proof of exemption is not mandatory, but it must be requested.
4.3 Patients should be asked to consent that the pharmacy do not dispense their
medication in one instalment, but instead have it split into daily instalments, supervised six days per week. If consent is refused this service cannot be provided.
4.4 Any patient who would usually pay a prescription charge (i.e. not exempt) will be
managed by specialist services and not referred into this scheme
4.5 Pharmacy staff will submit a claim to Bristol CCG via PharmOutcomes so that
remuneration for the service can be provided
5 Quality Indicators
5.1 The pharmacy is happy to liaise with staff at BCH or Bristol CCG to audit the
service so that informed decisions can be made about how to improve it.
6 Clinical incident reporting
6.1 To ensure that the information contained in the agreements for this service are
sufficient we would encourage contractors to feedback any adverse incidents that occur to Bristol CCG. Contact [email protected] via 0117 900 3432
7 Complaints procedure
7.1 Any complaints from patients should be dealt with via the pharmacy's own
standard complaints procedure in the first instance. If the complaint is not resolved, the patient should direct their complaint to the PALS team at Bristol CCG, who can be contacted on 0117 976 6600.
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B. Indicative Activity Plan
Not Applicable
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D. Essential Services (NHS Trusts only)
Not Applicable
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G. Other Local Agreements, Policies and Procedures
Policy Weblink
Mental Capacity Act & Deprivation of Liberty Safeguards Policy 2015-2017
Bristol https://www.bristolccg.nhs.uk/media/medialibrary/2015/09/mental_capacity_act_deprivation_liberty_safeguards_policy.pdf https://www.bristol.gov.uk/social-care-health/deprivation-liberty-safeguards South Gloucestershire https://www.southgloucestershireccg.nhs.uk/your-health-local-services/help-support/safeguarding-children-and-vulnerable-adults/ http://www.southglos.gov.uk/health-and-social-care/care-for-adults/the-deprivation-of-liberty-safeguards/ North Somerset https://www.northsomersetccg.nhs.uk/your-health-local-services/help-support/safeguarding-and-child-protection/ http://www.n-somerset.gov.uk/my-services/socialcare/health/mental-health/deprivation-of liberty/
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J. Transfer of and Discharge from Care Policies
Not Applicable
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K. Safeguarding Policies and Mental Capacity Act Policies
The South West Safeguarding and Child Protection Procedures http://www.online-procedures.co.uk/swcpp/ must be followed when the concerns relate to a child and the Safeguarding Adults Multi-Agency Policy, agreed by Safeguarding Adults Boards in BNSSG http://sites.southglos.gov.uk/safeguarding/wp-content/uploads/sites/221/2015/05/Joint-Safeguarding-Adults-Policy-FINAL-June-2016.pdf must be followed when the concern related to an adult.
PREVENT.
Prevent-Provider-Pack_Building-Partnerships-Staying-Safe_(4).pdf
Prevent_trifold_leaflet_v1[1].pdf
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SCHEDULE 3 – PAYMENT
A. Local Prices
ONE of TWO – Emergency Supply Service
Charges
1. For patients that are normally exempt from prescription charges, NHS Bristol CCG will pay the pharmacy
1.1 £10 per consultation plus
1.2 £1 for dispensing each item over and above the first item plus
1.3 The cost of the medicines (using dm+d) + VAT (where applicable).
2. For patients who normally are not exempt from prescription charges, the pharmacist would normally make a private supply (not as part of this agreement) unless the patient is unable to pay, in which case pharmacy staff will take a fee equivalent to the NHS prescription charge (currently £8.40 per item) and Bristol CCG will pay the pharmacy
2.1 £10 per consultation plus
2.2 £1 for dispensing each item over and above the first item plus
2.3 The cost of the medicines (using the dm+d) + VAT (where applicable) less
2.4 Any charge(s) collected
Invoicing
Pharmacies must complete a PharmOutcomes Emergency Supply Service template for each supply. A monthly invoice will be generated automatically and sent to the relevant CCG each calendar month (in arrears), checked and then submitted for payment.
Claims for payment should only be made via PharmOutcomes unless otherwise advised. Invoices shall be marked with the text ‘XXJHAYHURST’
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TWO of TWO – Directly Observed Therapy Service for Tuberculosis
Charges
1. NHS Bristol CCG will pay participating community pharmacies the following payments for the service provided
1.1 The service provider will receive a one off payment of £100 as a pilot retainer to cover training, audit, signposting and data collection
1.2 Daily dispensing fee of the medications required:
1.2.1 Dispensing fee: 90p per medicine
1.2.2 Consumable fee: 1.24p per medicine
1.2.3 Container fee: 10p per medicine
1.2.4 Total: £1.0124 per medicine per day
1.3 Supervision of consumption will be paid at:
1.3.1 £5 per day in the initial phase (two months)
1.3.2 £2.50 per day in the continuation phase (four months)
1.4 Dispensing fees are payable 7 days per week
1.5 Supervision fees are payable 6 days per week
1.6 Where pharmacies are closed on a Sunday, the patient will receive their Sunday dose to take away on Saturday (as well as their observed Saturday dose)
Invoicing
Pharmacies must complete a PharmOutcomes Emergency Supply Service template for each supply. A monthly invoice will be generated automatically and sent to the relevant CCG each calendar month (in arrears), checked and then submitted for payment.
Claims for payment should only be made via PharmOutcomes unless otherwise advised. Invoices shall be marked with the text ‘XXJHAYHURST’
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B. Local Variations
Not Applicable
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C. Local Modifications
Not Applicable
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F. Expected Annual Contract Values
Not Applicable
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SCHEDULE 4 – QUALITY REQUIREMENTS
A. Operational Standards and National Quality Requirements
SCHEDULE 4 – QUALITY REQUIREMENTS
C. Local Quality Requirements
Quality Requirement
Threshold Method of Measurement Consequence of breach
Timing of application of consequence
Applicable Service Specification
All patients presenting to pharmacy staff who believe they urgently require a POM when it is impractical for them to obtain a prescription should be seen by the pharmacist
100%
Patient feedback Provider feedback
Discussion with pharmacy manager Escalated to area manager or other contractor representative if necessary Escalated to superintendent pharmacist if necessary Contract terminated if necessary (in the case of repeated breaches)
Within one week Within two weeks Within one month Within three months
Emergency Supply
All patients that in the opinion of the pharmacist do need a POM, and who satisfy the requirements for an emergency supply at the request of a patient should either:
Be provided with the service outlined in this contract
Be offered an alternative service that meets their needs, e.g.
o Emergency supply at the request of a prescriber
o Private emergency supply
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Quality Requirement
Threshold Method of Measurement Consequence of breach
Timing of application of consequence
Applicable Service Specification
Signposted to an alternative service, e.g.
o NHS 111
Additional Data will be captured via PharmOutcomes
Quality Requirement
Threshold Method of Measurement Consequence of breach
Timing of application of consequence
Applicable Service Specification
All patients referred to pharmacy staff are either accepted onto the scheme, or where this is not possible, a prompt response is given that the referral has been declined
100%
Patient feedback Provider feedback
Discussion with pharmacy manager Escalated to area manager or other contractor representative if necessary Escalated to superintendent pharmacist if necessary Contract terminated
Within one week Within two weeks Within one month Within three months
TB DOTS
All pharmacies that intend to provide this service ensure that they send a staff representative to attend the relevant training
Pharmacy staff ensure that supervised consumption takes place in the consultation room and that a supply of drinking water is provided
Pharmacy staff ensure they notify the
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Quality Requirement
Threshold Method of Measurement Consequence of breach
Timing of application of consequence
Applicable Service Specification
Bristol Community Health TB service if a patient does not attend for their supervised consumption
if necessary (in the case of repeated breaches)
Additional Data will be captured via PharmOutcomes
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SCHEDULE 4 – QUALITY REQUIREMENTS
D. Commissioning for Quality and Innovation (CQUIN)
CQUIN Table 1: CQUIN Indicators
Not Applicable
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SCHEDULE 6 – CONTRACT MANAGEMENT, REPORTING AND INFORMATION REQUIREMENTS
A. Reporting Requirements
Reporting Period
Format of Report
Timing and Method for delivery of Report
National Requirements Reported Centrally
National Requirements Reported Locally
Local Requirements Reported Locally
Audit data will provide to the commissioner
1
st April 2017 – 31
st March 2018
Via PharmOutcomes
Monthly
* In completing this section, the Parties should, where applicable, consider the change requirements for local commissioning patient-level data flows which will
need to be implemented when the new national Data Services for Commissioners technical solution becomes operational. These change requirements will be published within the Data Services for Commissioners Resources webpage: https://www.england.nhs.uk/ourwork/tsd/data-services/
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SCHEDULE 6 – CONTRACT MANAGEMENT, REPORTING AND INFORMATION REQUIREMENTS
C. Incidents Requiring Reporting Procedure
Procedure(s) for reporting, investigating, and implementing and sharing Lessons Learned
from: (1) Serious Incidents (2) Notifiable Safety Incidents (3) Other Patient Safety Incidents
NHS Commissioning Board Serious Incident Framework (March 2016)
http://www.england.nhs.uk/ourwork/patientsafety/serious-incident/
Bristol CCG Risk Management Strategy and Policy
https://www.bristolccg.nhs.uk/library/risk-
management-and-serious-incidents/
South Gloucestershire CCG Risk Management Strategy
https://www.southgloucestershireccg.nhs.uk/media/medialibrary/2015/03/Southglos_risk
_management_strategy_1.pdf
North Somerset CCG Risk Management Strategy
https://www.northsomersetccg.nhs.uk/media/medialibrary/2017/01/Risk_Management_S
trategy_and_Framework.pdf
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SCHEDULE 7 – PENSIONS
Not Applicable
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SCHEDULE 8 – TUPE*
Not Applicable
© Crown copyright 2016
First published: November 2016
Published in electronic format only