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15 March 2015Duty of candour expanding to all care providers

Duty of candour expanding to all care providers

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The statutory duty of candour is expanding beyond the NHS to all care providers from April 2015. Whilst a Contractual Duty of Candour (DoC) has existed for some time recent events – including implementation of the recommendations of the Francis Inquiry - have led to an amendment to legislation with a STATUTORY DUTY of candour being imposed.

The statutory duty of candour is expanding beyond the NHS to all care providers from April 2015.

Whilst a Contractual Duty of Candour (DoC) has existed for some time recent events – including implementation of the recommendations of the Francis Inquiry - have led to an amendment to legislation with a STATUTORY DUTY of candour being imposed.

The new legislation is called the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 – this legislation came into effect for all NHS Bodies on 27th November 2014 and will be introduced and applied to all other providers of health and social care services who are registered with the Care Quality Commission (CQC) in April 2015.

The statutory duty will be a requirement of CQC registration and CQC may refuse or withdraw registration for providers who are not able to evidence compliance with their duty. In addition to its existing enforcement powers CQC will be able to prosecute for breaches. The sanction is a criminal conviction and a fine of up to £2,500.

The CQC ultimately has the power to close a provider.

The big question for healthcare and care providers operating under the “remit” of the CQC is how to manage the incident and liability process without coming into conflict with insurance policy terms and conditions.

In this bulletin, Tony Tobin of Arthur J. Gallagher highlights what you need to know and how you can prepare for this change and maintain insurance compliance.

Download the Bulletin.pdf

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