We are now over seven months since the Provider Selection Regime came into force on 1 January 2024 setting out the new rules for procuring health care services in England.
In that time ‘relevant authorities’ (NHS England, Integrated Care Boards, NHS trusts and NHS foundation trusts and local or combined authorities) have been getting to grips with the new rules, applying the decision-making processes and publishing award notices to award contracts. We’ve also seen the Independent Patient Choice and Procurement Panel publish one case review. The review is the first from the Panel set up to oversee commissioners’ provider selection decisions.
To support NHS professionals involved in contracting of health care services, NHS England has recently updated its FAQs on the PSR. They describe several scenarios, alongside “NHS England’s view of the legal framework and the like steps required to discharge legal duties”.
They cover nine areas including:
- Scope of the Provider Selection Regime
- Transitional arrangements
- Making decisions about provider selection processes
- Key criteria
- Contract modifications (variations)
- Requirements for transparency
- Reviewing decisions during the standstill period
- Framework agreements
- Contracting
Our teams have had various queries from clients on some of the issues covered in the FAQs, so it is good to see them being addressed here together with examples. Hopefully NHS England will continue to add to the list as it sees necessary!
And don’t forget to start thinking about the Annual summary that you will need to publish in mid-2025 under Regulation 25. This is where relevant authorities need to publish a summary of their application of the PSR between 1 January 2024 to 31 March 2025. You must publish the summary no later than six months following the end of 2024/25 financial year according to the PSR statutory guidance.
Do contact us if you require support or training with the PSR, we have a friendly and expert team of health procurement specialists.
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