Consultation outcome

Further questions on establishing the Provider Selection Regime for decision-making bodies and providers

Updated 13 July 2023

This was published under the 2019 to 2022 Johnson Conservative government

Applies to England

Introduction

These further questions relating to the establishment of the Provider Selection Regime accompany the supplementary consultation on the detail of proposals for regulations for the Provider Selection Regime.

The Provider Selection Regime is a proposed new set of rules that would govern the arrangement of healthcare services in England. Our aim for the regime is to move away from the expectation of competition in all circumstances and towards collaboration across the health and care system. This is intended to remove unnecessary levels of competitive tendering, remove barriers to integrating care, and promote the development of stable collaborations. The powers to establish the Provider Selection Regime are set out in the Health and Care Bill. Subject to the successful passage of the Bill through Parliament, the Provider Selection Regime would be set out in regulations and statutory guidance.

The Department of Health and Social Care (DHSC) and NHS England aim to support implementation of the Provider Selection Regime through engagement and the development of learning materials. To this end, DHSC is seeking information to understand how commissioners and providers alike can best be supported to implement the Provider Selection Regime to realise its intended benefits. We are also seeking information on any costs and savings respondents may associate with the transition to and operation under the regime.

Relevant decision-makers should not inform any plans on the assumption that the Provider Selection Regime will be established by an assumed date – or will be established as per the proposals set out in this consultation or the accompanying literature until these are agreed by Parliament.

Due to timing constraints, the Provider Selection Regime will not be established at the same time as integrated care boards (ICBs), which we are working to implement from July 2022 subject to the Parliamentary passage of the Health and Care Bill. DHSC is continuing to work to ensure that the Provider Selection Regime is established as soon as possible after the establishment of ICBs, subject to Parliamentary approvals and scheduling.  

Establishing the Provider Selection Regime

We welcome respondents’ views on how we can effectively help prepare the system for change.

How many people in your organisation do you anticipate will need to be aware of the new Provider Selection Regime?

• less than 10
• 10 to 20
• 21 to 30
• 31 to 40
• 41 to 50
• more than 50

What functions do these people have (for example, procurement specialists, commissioners, senior leaders)? Where possible, we would be grateful if you could state the function and then the number of people who have that function.

To what extent do you agree or disagree with this statement: my organisation will be able to successfully transition from the current arrangements to the new Provider Selection Regime?

• strongly agree
• agree
• neither agree nor disagree
• disagree
• strongly disagree

Please explain your answer.

If applicable, please outline any main challenges you anticipate for implementing the Provider Selection Regime in your organisation.

NHS England is currently planning to provide certain tools to support the immediate implementation of the Provider Selection Regime. How useful would each of the following be to your organisation?

Webinars (including online Q&As):

• a great deal
• a fair amount
• just a little
• not at all

Template documents for decision-making bodies to use when making and recording decisions under the Provider Selection Regime:

• a great deal
• a fair amount
• just a little
• not at all

Process flow diagrams:

• a great deal
• a fair amount
• just a little
• not at all

If you think any other tools or forms of support would help your organisation implement the Provider Selection Regime, please provide details.

After the initial implementation phase of the Provider Selection Regime, if you think there are any other ways that DHSC and NHS England could support your organisation with the successful operation of the Provider Selection Regime in the medium/long-term future, please provide details.

If you know of any existing professional networks or communities of practice that you recommend we should engage with on the implementation of the Provider Selection Regime, please provide details.

Costs and savings

Short-term and familiarisation costs

Noting that DHSC and NHS England will support the system to help prepare for change, DHSC welcomes views on what other familiarisation costs may be associated with establishing the Provider Selection Regime.

Do you agree or disagree that your organisation would incur short-term costs (£) from the familiarisation of and transitioning to the Provider Selection Regime?

• agree, there would be costs
• disagree, there would not be costs
• don’t know

If answering ‘agree’:

• how do you anticipate these short-term costs would arise? If possible, please provide a breakdown and estimate of these costs (in £)
• to what extent could these costs be accommodated in your organisation’s budget?

Ongoing operational costs and savings

Do you anticipate that your organisation will incur any increased operational or running costs when arranging services under the Provider Selection Regime compared with the existing operational costs when arranging services under the current procurement rules?

• yes
• no
• don’t know

Please explain your answer and provide specific examples where possible.

Do you anticipate that your organisation will realise any operational savings when arranging services under the Provider Selection Regime compared with arranging services under the current procurement rules?

• yes
• no
• don’t know

Please explain your answer and provide specific examples where possible.