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Health and Social Care (Quality and Engagement) (Wales) Act

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Health and Social Care (Quality and Engagement) (Wales) Act HEALTH AND SOCIAL CARE (QUALITY AND ENGAGEMENT) (WALES) ACT Explanatory Memorandum incorporating the Regulatory Impact Assessment and Explanatory Notes June 2020 Health and Social Care (Quality and Engagement) (Wales) Act Explanatory Memorandum to Health and Social Care (Quality and Engagement) (Wales) Bill This Explanatory Memorandum has been updated by the Health and Social Services Department of the Welsh Government to reflect the Bill as amended by the National Assembly for Wales, at Stage 3 of proceedings, on 10 March 2020. It was originally prepared and laid in accordance with Standing Order 26.6 in June 2019. A revised Memorandum, updated after the Bill completed Stage 2, was laid in accordance with Standing Order 26.28 in March 2020. This version is not required to be laid, but is published on the Welsh Government website. As the Bill was passed by the National Assembly for Wales on 17 March 2020 and received Royal Assent on 1 June 2020, where appropriate, it is referred to in this version as ‘the Act’. Furthermore, between the passing of the Bill and Royal Assent, the National Assembly for Wales has been renamed as the Welsh Parliament or Senedd Cymru. Throughout this document “the Senedd” is referred to have the same meaning as Senedd Cymru and the National Assembly for Wales. The Act is an Act of Senedd Cymru by virtue of section 107 of the Government of Wales Act 2006 as amended. 1 Contents page List of abbreviations Part 1 – EXPLANATORY MEMORANDUM 1. Description 2. Legislative Competence 3. Purpose and intended effect of the legislation 4. Consultation 5. Power to make subordinate legislation PART 2 – REGULATORY IMPACT ASSESSMENT 6. Regulatory Impact Assessment summary 7. Options including costs and benefits 8. Impact Assessments 9. Post implementation review ANNEX 1 – Explanatory Notes ANNEX 2 – Index of Standing Orders ANNEX 3 – Schedule of Amendments 2 List of Abbreviations the Act - Health and Social Care (Quality and Engagement) (Wales) Act 2020 2000 Act - Care Standards Act 2000 2003 Act - Health and Social Care (Community Health and Standards) Act 2003 2006 Act - National Health Service (Wales) Act 2006 2010 Regulations - The Community Health Councils (Constitution, Membership and Procedures) (Wales) Regulations 2010 2011 Regulations - National Health Service (Concerns, Complaints and Redress Arrangements) (Wales) Regulations 2011 2014 Act - Social Services and Well-being (Wales) Act 2014 2015 Act - the Well-being of Future Generations (Wales) Act 2015 2016 Act - Regulation and Inspection of Social Care (Wales) Act 2016 2017 Regulations - The Regulated Services (Service Providers and Responsible Individuals) (Wales) Regulations 2017 ABMUHB - Abertawe Bro Morgannwg University Health Board AGW - Auditor General for Wales AQS - Annual Quality Statements the Bill – the Health and Social Care (Quality and Engagement) (Wales) Bill (prior to becoming the Act) CEO - Chief Executive Officer CHCs - Community Health Councils CIW - Care Inspectorate Wales CRIA - Children’s Rights Impact Assessment CRM - Customer Relationship Management the CVB - the Citizen Voice Body for Health and Social Care in Wales EB1 - Executive Band 1 EB2 - Executive Band 2 EIA - Equalities Impact Assessment 3 FTE - Full Time Equivalent GoWA 2006 - Government of Wales Act 2006 GP/s - General Practitioner/s GPC - General Practitioners Committee H&SS - Health and Social Services HEIW - Health Education Improvement Wales HIA - Health Impact Assessment HIW - Health Inspectorate Wales HR - Human Resources ICT - Information and Communications Technology IM - Independent Member IT - Information Technology JIA - Justice Impact Assessment LA - Local Authority LHB/s - University or Teaching Health Board/s MB1 - Management Band 1 MB2 - Management Band 2 MB3 - Management Band 3 MBE - Member of the British Empire NHS - National Health Service NHS bodies – in respect of the duty of quality and in relation to provisions concerning the Citizen Voice Body, this means Local Health Boards (LHBs), Welsh NHS Trusts, Special Health Authorities (not including cross-border special health authorities) NHS bodies (including primary care providers) – in respect of the duty of candour, this means LHBs, Welsh NHS Trusts, Special Health Authorities (including NHS Blood and Transplant in relation to its Welsh functions) and primary care providers in Wales in respect of the NHS services they provide NPV - Net Present Value 4 NRLS - National Reporting and Learning System OCPA - Office of the Commissioner for Public Appointments OECD - Organisation for Economic Co-operation and Development PAYE - Pay As You Earn PCC - Patient and Client Council PIA - Privacy Impact Assessment PTR - Putting Things Right PSBs - Public Services Boards PV - Present Value PwC - PriceWaterhouseCooper RIA - Regulatory Impact Assessment RPBs - Regional Partnership Boards RPIA - Rural Proofing Impact Assessment SCS - Senior Civil Service the Senedd – Senedd Cymru, previously named the National Assembly for Wales SHC - Scottish Health Council SHAs - Special Health Authorities tHB - Teaching Health Board VAT - Value Added Tax WG - Welsh Government WGSB - Welsh Government Sponsored Body WLIA - Welsh Language Impact Assessment WM/s – the Welsh Minister/s WTE - Whole Time Equivalent 5 PART 1 – EXPLANATORY MEMORANDUM 1. Description 1. The Health and Social Care (Quality and Engagement) (Wales) Act (‘the Act’) uses legislation as a mechanism for improving and protecting the health, care and well-being of the current and future population of Wales. It contains provisions in respect of health and social care policy. 2. The Act builds on the assets we have in Wales to strengthen and future proof our health and social care services for the future; facilitating a stronger citizen voice, improving the accountability of services to deliver improved experience and quality of care for people in Wales and contributing to a healthy and prosperous country. Taken together the provisions are intended to have a cumulative positive benefit for the population of Wales and to put in place conditions which are conducive to improving health and well-being. 3. In summary the Act will introduce changes that: place quality considerations at the heart of all that NHS bodies in Wales and the Welsh Ministers (in relation to their health functions) do through a specific duty, building upon the Well-being of Future Generations (Wales) Act 2015 (“the 2015 Act”)1 and the Social Services and Well- being (Wales) Act 2014 (“the 2014 Act”)2.In relation to the duty of quality NHS bodies are defined as Local Health Boards (LHBs), NHS Trusts, Special Health Authorities (not including cross-border special health authorities); place a duty of candour on all NHS bodies, requiring them to be open and honest when things go wrong. In relation to the duty of candour, NHS bodies means LHBs, Trusts, Special Health Authorities (including NHS Blood and Transplant in relation to its Welsh functions) and primary care providers in Wales in respect of the NHS services they provide; strengthen the voice of citizens across health and social services, further connecting people with the organisations that provide them with services; and strengthen the governance arrangements for NHS Trusts. 4. The Act provides the Welsh Ministers with regulation-making powers to: set out a procedure to be followed by an NHS body when the duty of candour has been triggered (section 4); make regulations containing supplementary, incidental or consequential provision, and/or transitory, transitional or saving provision, to bring into force or give full effect to the provisions of the Act if the Welsh Ministers consider it necessary or appropriate (section 28(1)); and make commencement orders specifying that provisions in the Act shall come into force on a specified date (section 29). 1 Well-being of Future Generations (Wales) Act 2015. London: HMSO. 2 Social Services and Well-being (Wales) Act 2014. London: HMSO 6 5. The Welsh Ministers will also need to: issue guidance to NHS bodies in relation to the duty of quality (section 2); issue guidance to local authorities and NHS bodies in relation to representations made to them by the Citizen Voice Body (section 15(4)); and prepare and publish a code of practice on access to premises where health services or social services are being provided, following a request by the Citizen Voice Body (section 19) 6. Finally, the Act also provides a power for the Welsh Ministers to issue guidance to NHS bodies (including primary care providers) in connection with the duty of candour (section 10). 7 2. Legislative Competence 7. Senedd Cymru has the legislative competence to make the provisions in the Health and Social Care (Quality and Engagement) (Wales) Act, pursuant to Part 4 of the Government of Wales Act 2006 ("GoWA 2006") as amended by the Wales Act 2017. 8 3. Purpose and intended effect of the legislation Policy background 8. Quality is at the heart of every aspect of the approach to health care in Wales. It is highlighted in the core values that underpin the NHS in Wales, originally set out in Together for Health in 20113. The values are: putting quality and safety above all else: providing high value evidence based care for our patients at all times; integrating improvement into everyday working and eliminating harm, variation and waste; focusing on prevention, health improvement and inequality as key to sustainable development, wellness and well-being for future generations of the people of Wales; working in true partnerships
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