The Department of Health and Social Care (DHSC) has announced a review of partnership arrangements made under section 75 of the NHS Act 2006 in line with its policy commitment to facilitate greater integration of health and social care services.
A review of the regulations underpinning section 75 has been mooted for some time, and the review focuses in particular on the existing legislation covering pooled budgets with a view to simplifying the position and facilitating NHS bodies and local authorities to pool funds.
The review also seeks to clarify the key differences between pooled budget arrangements under section 75 and pooled budget arrangements under section 65Z5 of the NHS Act 2006 (introduced by the Health & Care Act 2022). From our experience working on section 75 arrangements and wider Place-based Partnership governance arrangements, we know that the introduction of the new powers under section 65Z5 has provoked a number of queries, particularly as to the involvement of local authorities, so this clarity will be welcomed.
As part of the review the DHSC will consider whether the scope of section 75 should be widened, any perceived barriers to the pooling of budgets and how section 75 governance arrangements could be strengthened and/or simplified to support the commissioning of integrated health and care services.
DHSC has set out a number of questions in the review and is asking for views by 31 October 2023. The questions are split into 9 sections with questions ranging from the current section 75 arrangements, widening the scope of section 75 and how section 75 arrangements work in practice.
The online survey can be accessed here and closes on 31 October 2023.
We have advised on commissioner and provider section 75 arrangements across the country and continue to work with a number of Place-based Partnerships on wider governance arrangements and how these can operate alongside section 75 arrangements. If you would like to discuss any of these issues please do get in touch with us.
For further information, please contact:
Esther Venning, Partner, Hill Dickinson