Asked by: Sarah Edwards (Labour - Tamworth)
Question to the Department of Health and Social Care:
To ask the Secretary of State for Health and Social Care, what steps she is taking to return NHS Trusts to pre-pandemic procurement practices.
Answered by Andrew Stephenson - Minister of State (Department of Health and Social Care)
Guidance on how contracting authorities, including National Health Service trusts, should respond to the COVID-19 pandemic was published in March 2020 and February 2021, reminding them of the options available when undertaking procurements in an emergency. These two guidance documents are available, respectively, at the following links:
https://www.gov.uk/government/publications/procurement-policy-note-0120-responding-to-covid-19
https://www.gov.uk/government/publications/procurement-policy-note-0121-procurement-in-an-emergency
Authorities are allowed to procure goods, services, and works with extreme urgency in exceptional circumstances, using regulation 32(2)(c) under the Public Contract Regulations 2015. These include a direct award under which authorities may enter into contracts without competing or advertising the requirement.
Contracting authorities assess the market conditions for procuring supplies related to any procurement, in accordance with procurement guidance and regulations. Where any procurement meets the tests for the use of Regulation 32(2)(c) for the direct awarding of a contract, then that approach can be used. However, where it doesn’t, other approaches will be considered.
Asked by: Rachael Maskell (Labour (Co-op) - York Central)
Question to the Department of Health and Social Care:
To ask the Secretary of State for Health and Social Care, if she will make an assessment of the potential impact of the new minimum rate for units of dental activity on NHS dentists.
Answered by Andrea Leadsom - Parliamentary Under-Secretary (Department of Health and Social Care)
The Dentistry Recovery Plan will make dental services faster, simpler and fairer for patients and will fund around 2.5 million additional appointments, or more than 1.5 million additional courses of dental treatment. We will further support dentists by raising the minimum Units of Dental Activity (UDA) rate to £28 this year, making National Health Service work more attractive and sustainable. This has meant that almost 1,000 contracts will see an uplift to their UDA rate this year, supporting them and making treatment of NHS patients more sustainable.
We have also developed guidance to support local commissioning by ICBs, including how they can consider addressing UDA rates locally to support better delivery of dental care for patients. I will report to the House on impact shortly.
Asked by: Derek Thomas (Conservative - St Ives)
Question to the Department of Health and Social Care:
To ask the Secretary of State for Health and Social Care, if she will make an assessment of the adequacy of the General Ophthalmic Services sight test fee for opticians; and how many opticians stopped providing NHS services in the most recent 12 months for which data is available.
Answered by Andrea Leadsom - Parliamentary Under-Secretary (Department of Health and Social Care)
The level of the National Health Service sight test fee is considered annually, taking into account evidence provided by the optical fee negotiating committee, affordability for the NHS, alongside information regarding patient access to sight testing services, which continue to be widely available.
Although 254 contracts for providing NHS sight testing services were terminated between February 2023 and January 2024, 179 new contracts were awarded. There are various reasons why contractors choose to stop providing NHS sight testing services, including retirement, selling the practice to a new owner, and ceasing trading as a business.
Asked by: Thérèse Coffey (Conservative - Suffolk Coastal)
Question to the Department of Health and Social Care:
To ask the Secretary of State for Health and Social Care, if she will introduce a system of redress for NHS dentists that fulfil less than (a) 80%, (b) 50% and (c) 10% of their performance target.
Answered by Andrea Leadsom - Parliamentary Under-Secretary (Department of Health and Social Care)
National Health Service dental contract holders are awarded funding at the start of each financial year, based on the contracted number of Units of Dental Activity (UDA). Contractors are required to deliver at least 96% of their contracted activity on an annual basis. Where this does not occur, the NHS reclaims the difference between the monies paid to contractors and the value of work which has been delivered. NHS England will encourage commissioners and contractors to work together to resolve underperformance against the contract at the mid-year review point, or by voluntarily rebasing their contract in the first instance. Where this is not possible, and where there have been three consecutive years of persistent underperformance, commissioners will be able to rebase contracts to the highest level of UDAs delivered over the three-year period from the following year, and recommission unused activity to other providers.
Asked by: Yvonne Fovargue (Labour - Makerfield)
Question to the Department of Health and Social Care:
To ask the Secretary of State for Health and Social Care, what guidance her Department issues NHS trusts on establishing commissioning structures for Health Technology Assessments; and whether trusts have discretion to adopt different processes.
Answered by Andrew Stephenson - Minister of State (Department of Health and Social Care)
Ministers have not met with Greater Manchester NHS Board about the statutory commissioning of National Institute for Health and Care Excellence (NICE) recommended medicines. Similarly I am informed that NHS England is not aware of any such discussions.
The National Health Service in England is legally required to make funding available for treatments recommended in NICE technology appraisal and highly specialised technologies guidance, normally within three months of the publication of final guidance. This requirement is reflected in the NHS Constitution as a right to drugs and treatments that have been recommended by NICE for use in the NHS, if their doctor believes they are clinically appropriate.
The NHS Standard Contract is mandated by NHS England for use by commissioners for all contracts for healthcare services other than primary care. The 2024/25 standard contract states that, where any service involves or may involve the prescribing of medicines, the provider must ensure that its formulary reflects all relevant positive NICE technology appraisals. NICE’s guideline on developing and updating local formularies states that when a NICE technology appraisal recommends a medicine, it should be adopted into the local formulary automatically if clinically appropriate and relevant to the services provided by the organisation, and that this process should take place within three months.
Asked by: Yvonne Fovargue (Labour - Makerfield)
Question to the Department of Health and Social Care:
To ask the Secretary of State for Health and Social Care, what discussions NHS England have had with Greater Manchester NHS on their statutory responsibilities to commission NICE approved medicines.
Answered by Andrew Stephenson - Minister of State (Department of Health and Social Care)
Ministers have not met with Greater Manchester NHS Board about the statutory commissioning of National Institute for Health and Care Excellence (NICE) recommended medicines. Similarly I am informed that NHS England is not aware of any such discussions.
The National Health Service in England is legally required to make funding available for treatments recommended in NICE technology appraisal and highly specialised technologies guidance, normally within three months of the publication of final guidance. This requirement is reflected in the NHS Constitution as a right to drugs and treatments that have been recommended by NICE for use in the NHS, if their doctor believes they are clinically appropriate.
The NHS Standard Contract is mandated by NHS England for use by commissioners for all contracts for healthcare services other than primary care. The 2024/25 standard contract states that, where any service involves or may involve the prescribing of medicines, the provider must ensure that its formulary reflects all relevant positive NICE technology appraisals. NICE’s guideline on developing and updating local formularies states that when a NICE technology appraisal recommends a medicine, it should be adopted into the local formulary automatically if clinically appropriate and relevant to the services provided by the organisation, and that this process should take place within three months.
Asked by: Yvonne Fovargue (Labour - Makerfield)
Question to the Department of Health and Social Care:
To ask the Secretary of State for Health and Social Care, when she last met with Greater Manchester NHS Board to discuss the statutory commissioning of NICE approved medicines.
Answered by Andrew Stephenson - Minister of State (Department of Health and Social Care)
Ministers have not met with Greater Manchester NHS Board about the statutory commissioning of National Institute for Health and Care Excellence (NICE) recommended medicines. Similarly I am informed that NHS England is not aware of any such discussions.
The National Health Service in England is legally required to make funding available for treatments recommended in NICE technology appraisal and highly specialised technologies guidance, normally within three months of the publication of final guidance. This requirement is reflected in the NHS Constitution as a right to drugs and treatments that have been recommended by NICE for use in the NHS, if their doctor believes they are clinically appropriate.
The NHS Standard Contract is mandated by NHS England for use by commissioners for all contracts for healthcare services other than primary care. The 2024/25 standard contract states that, where any service involves or may involve the prescribing of medicines, the provider must ensure that its formulary reflects all relevant positive NICE technology appraisals. NICE’s guideline on developing and updating local formularies states that when a NICE technology appraisal recommends a medicine, it should be adopted into the local formulary automatically if clinically appropriate and relevant to the services provided by the organisation, and that this process should take place within three months.
Asked by: Andrew Bridgen (Independent - North West Leicestershire)
Question to the Department of Health and Social Care:
To ask the Secretary of State for Health and Social Care, whether there are contracts for the cremation of (a) stillborns, (b) miscarriages and (c) baby deaths at a (i) national and (ii) NHS trust level; and if she will publish (A) details and (B) the start dates of those contracts.
Answered by Maria Caulfield - Parliamentary Under Secretary of State (Department for Business and Trade) (Minister for Women)
Neither the Department nor NHS England holds information on contracts for the cremation of stillborns, miscarriages, and baby deaths.
Asked by: Barry Sheerman (Labour (Co-op) - Huddersfield)
Question to the Department of Health and Social Care:
To ask the Secretary of State for Health and Social Care, whether all NHS hospitals provide the right for patients to choose where they receive treatment; and whether this right is affected by where a patient lives.
Answered by Andrew Stephenson - Minister of State (Department of Health and Social Care)
In England, the NHS Constitution allows patients to be treated by any provider who holds a contract for the provision of National Health Services. This includes the independent sector, who already hold multiple contracts with integrated care boards (ICBs) across the country to provide additional capacity to the NHS.
Last year, the Government set out how it will make it easier for patients to exercise their choice by improving the NHS App, increasing choice for patients already on waiting lists, and raising awareness of patients’ right to choose.
At the point of referral, for example at a general practice appointment, patients will be actively offered a list of providers which are clinically appropriate for their condition. This will be a minimum of five providers where possible. Patients will also be informed of their right to choose, and encouraged to raise this at the time of the referral.
Patients can be referred to services outside of their local ICB geography when exercising their legal right of choice of provider and team, if the service meets the criteria to be an appropriate choice for patients. Where there is limited choice in the local vicinity or region of a patient, alternative national providers will be offered.
Asked by: Baroness Bennett of Manor Castle (Green Party - Life peer)
Question to the Department of Health and Social Care:
To ask His Majesty's Government what contracts NHS England and the Department of Health and Social Care have with The Phoenix Partnership and for what services; and what assessment they have made of the appropriateness of it providing such services.
Answered by Lord Markham - Parliamentary Under-Secretary (Department of Health and Social Care)
The Department is the contracting authority for two consecutive framework agreements on which The Phoenix Partnership (TPP) has been appointed as a supplier, and awarded call-off contracts. These frameworks are the GP Systems of Choice (GPSoC), from 2014, and the GP IT Futures framework agreement (GPITF FA), which succeeded the GPSoC in 2020. The GPITF FA is the main contractual framework to supply IT systems and services to general practices (GPs) and associated organisations in England. The GPITF FA is operationally managed by NHS England, and the relevant contracting authorities under the call-off contracts are the individual integrated care boards, who contract on behalf of GPs.
In addition to managing the GPITF FA on behalf of the Department, NHS England is the contracting authority on three active contracts with TPP for: GP IT development and compliance; provision of Point of Care services to the NHS England Vaccination Programme; and provision of IT services to residential places of detention under the Health and Justice Information Systems contract.
The UK Health Security Agency (UKHSA) has a statutory requirement to report on the performance of the national immunisation programmes, and in June 2022, TPP was awarded a contract to extract this data directly from GPs' systems for the UKHSA, with a successor contract being awarded for the same work in October 2023. All Government contracts are awarded fairly and transparently, in line with the Public Contracts Regulations 2015. All decisions on contracts are rigorously scrutinised to assess a company’s ability to perform and deliver the best value for money for the taxpayer.