/
Peter Peter

Peter - PowerPoint Presentation

trish-goza
trish-goza . @trish-goza
Follow
358 views
Uploaded On 2016-08-12

Peter - PPT Presentation

Grose Head of Healthcare 01202 786163 petergroselalawcom CQCs New Regulatory Approach The Turn of the Screw Is the sector one horror after another Over these last 30 years it feels to me that we have stumbled from crisis to crisis from one Panorama programme to the next fro ID: 443750

cqc care ratings provider care cqc provider ratings good treatment rating providers report ill duty 2015 directors reg safety

Share:

Link:

Embed:

Download Presentation from below link

Download Presentation The PPT/PDF document "Peter" is the property of its rightful owner. Permission is granted to download and print the materials on this web site for personal, non-commercial use only, and to display it on your personal computer provided you do not modify the materials and that you retain all copyright notices contained in the materials. By downloading content from our website, you accept the terms of this agreement.


Presentation Transcript

Slide1

Peter GroseHead of Healthcare01202 786163peter.grose@la-law.com

CQC’s New Regulatory Approach: The Turn of the ScrewSlide2

Is the sector one horror after another?

“Over these last 30 years, it feels to me that we have stumbled from crisis to crisis, from one Panorama programme to the next, from inquiry report to inquiry report.”

JRF – John Kennedy’s Care Home Inquiry October 2014Slide3

October 2014: CQC Begins to Turn the Screw

“There is much excellent care but the variation in the quality and safety of care in England is too wide and is unacceptableSafe services occur where effective leadership builds a culture of safety

By looking at CQC’s reports on outstanding and good care, other services can learn and improveCQC’s ratings provide transparent information that allow people to make choices”

CQC Fifth Annual Report October 2014Slide4

The Turn of the SCREWSafe?

Caring?Responsive?EffectiveWell led?

The ‘Five Questions’ now form the basis of CQC’s new operating modelSlide5

CQC’s New Operating ModelProvider Handbook: ‘

How CQC regulates Residential Adult Social Care Services’ March 2015Registration – more rigorousIntelligent Monitoring

Provider Information ReturnFeedback from service users and the publicInspection by experts

Ratings

Holding poor care providers to account,

eg

direct focus on directors; “Special Measures”Slide6

Inspections and KLOESProvider Handbook Appendix A

16 mandatory KLOES, each with “prompts” spread across the five questionsWill inspections be more professional?Slide7

RatingsOutstanding; Good; Requires Improvement; InadequateLegal requirement to display rating prominently: CQC Template

Characteristics: set out in Appendix B of Provider Handbook“We need to be as consistent as we possibly can so that our ratings are reliable and provide accurate information. This will also help reduce the number of requests for review.” CQC Provider HandbookSlide8

Ratings PrinciplesLevel 1 – rating for each key question; Level 2 – aggregate overall location rating

Outstanding – two Os and three GsGood – only one RIRequires Improvement – two RIs

Inadequate – two IsSlide9

Limiters on RatingsThere will always be a rating of “Requires Improvement” if:

No registered manager and no satisfactory steps to recruit within a reasonable timescaleOther conditions of registration not met “without good reason”Not returning PIRSlide10

Inspection Frequencies“Subject to available resources within the following periods”:

Outstanding – two yearsGood – 18 monthsRequires Improvement – 12 monthsInadequate – 6 monthsSlide11

Challenging Ratings

Factual accuracy check (and completeness of evidence)Warning Notice – representations that are upheld may improve ratingRequest for rating review:only ground is that inspector did not follow published process for making ratings decisionc

an only be made when report is publishedsingle opportunity for review

r

eview conducted by inspectors not involved in original inspection with access to independent reviewer

noted on CQC website entry

Parliamentary and Health Service Ombudsman

Judicial reviewSlide12

New Regulations and Fundamental StandardsCQC ‘

Guidance for providers on meeting the regulations’ March 2015HSCA 08 (Regulated Activities) Regulations 2014In force for private healthcare and social care providers from April 2015Contains 11

Fundamental Standards plus:Fit and Proper Requirement for Directors

Duty of

CandourSlide13

Criminal Offences – Part 1Prosecution

without warning notices for certain offences:Reg

11 - Consent to care and treatmentReg

16(3) - Receiving and Acting on Complaints

-

Summary to

CQC within 28

days

Reg

17(3) - Good governance - Report to CQC within 28

days

Reg

20(2)(a) - Duty of Candour - Duty to inform re notifiable safety

incidents

Reg

20(3) - Duty of Candour - Notifications must meet specific

requirements

R

eg

20(A) - Requirement to display Performance AssessmentSlide14

Criminal Offences – Part 2CQC

can prosecute for the following offences, but only if the breach of the regulation results in people who use services being exposed to avoidable harm, a significant risk of such harm occurring or suffering a loss of money or property as a result of theft, misuse or misappropriation:Regulation 12 Safe care and treatment

Regulation 13 (1) to (4) Safeguarding

service users from abuse and

improper

treatment

Regulation

14

Meeting

nutritional and hydration needs

For

breaches of the remaining regulations not listed on these slides, CQC can take regulatory action other than prosecution

.Slide15

Criminal Justice & Courts Act 2015

S.20….ill treatment or wilful neglect: care worker offenceS.21….ill treatment or wilful neglect: care provider offenceS.21 Ill-treatment or wilful neglect: care provider offence

(1) A care provider commits an offence if-

(

a) an individual who has the care of another individual by virtue of being part of the care provider’s arrangements ill-treats or wilfully neglects that

individual

(

b) the care provider’s activities are managed or organised in a way which amounts to a gross breach of a relevant duty of care owed by the care provider to the individual who is ill-treated or neglected, and

(

c) in the absence of the breach, the ill-treatment or wilful neglect would not have occurred or would have been less likely to

occur

Penalties:

Fine

Remedial order

Publicity orderSlide16

Good GovernanceRegulation 17

Systems and processes to assess, monitor and improve quality and safety of services provided inc assessing and reducing riskEvaluate and improve practice re processing information relating to the above

Produce a report to CQC on demand within 28 daysSlide17

Duty of CandourRegulation 20

CQC states “significant room for improvement in under-reporting incidents and failing to learn from things that go wrong” Breach

will be used “to encourage good practice through ratings” rather than prosecutionNotifiable Safety Incidents: death; physical or mental impairment 28 days; prolonged pain or psychological harm; shortening of life expectancy

Providers must:

Inform the person and provide reasonable support as soon as reasonably practicable

Provide a true account of the incident on the facts provider aware of

Advise on further enquiries

Offer an apology

Written notification including details of enquiries to be undertaken and an apology

Keep a secure written

record - produce to CQC on demand within 28 daysSlide18

Fit and Proper Requirement for Directors Regulation 5

Currently corporate “fitness” assessed by testing the fitness of the “nominated individual”From April 2015 all directors (inc non-execs and trustees) will be held accountable if care standards failCQC will be able to exclude from office those responsible for “

serious misconduct or mismanagement (whether unlawful or not) in discharging any office or employment with a registered provider”CQC will require Chairman to confirm fitness of all directors as above and sign a declaration

Enforcement through imposing conditionsSlide19

And finally…..The Five Questions demand greater professionalism from Providers and Inspectors

Cost: higher inspection feesRatings: commercial consequences of a lower rating; purchase a re-inspection?Time is limited for inadequate providersSurveillance?Slide20

Thank youPeter

Grose01202 786163peter.grose@LA-law.comwww.lester-aldridge.co.uk

Connect with me on LinkedInFollow us @

LACareTeam

Find us on Facebook