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My blogposts on section 75 NHS competition regulations and the current situation

By shibleyrahman in Competition and markets, Health and Social Care Act 2012, NHS on April 6, 2013.

Whatever the victories claimed by the political parties, it does not matter what the niceties are about how bids will be considered (integration, “best value”, etc.), it will virtually always be possible there should be a costly competition process. The regulations (made under Section 75 of the Health & Social Care Act [2012]) still require all NHS services to be put out to competition unless the commissioners can prove there is only one provider capable of delivering them. Far from putting competition ‘back in its box’ as some have suggested, these regulations open the floodgates to legal challenges outside of Monitor, and will lead to an extensive and expensive extension of privatisation in the NHS, causing a bitty disjointed service. Whenever you introduce transaction costs into anything, the bill goes massively up.

We are now in April, but since 7 January 2013, I have written a number of blogposts detailing the legal and policy implications of the Health and Social Care Act and the two statutory instruments pertaining to section 75. Soon Caroline Molloy (@carolinejmolloy) will be updating everyone on how you can get involved, such as writing to your MP or a Peer.

Here is a summary of what has been done and what remains to be done:

My main article from early January 2013:

Competition Regulations issued under Section 75 of the Health and Social Care Act (2012) will lock CCGs into arranging all purchasing through competitive markets

Posts on the first statutory instrument SI 2012/057 which was later discarded:

National Health Service (Procurement, patient choice and competition) Regulations 2013: what is “best value”?
The legal issues in the statutory instrument (2013, No. 257) on NHS procurement in England
Possible letter to send to the Clerk of the Committee
VERY IMPORTANT. Tomorrow is the last day to the write to the Clerk about SI 257

A post on Lord Owen’s Bill and supported by Prof Allyson Pollock:

Lord Owen’s NHS (amended duties and powers) Bill: an eight-clause Bill to restore a comprehensive NHS accountable to parliament

History:

Was “The Health of Nations” by Dr Madsen Pirie and Dr Eamonn Butler a blueprint for NHS privatisation?

Initial reaction to SI2013/057:

Rainbow coalition warns about section 75 NHS Regulations

Thank you very much for the positive feedback which I have kindly received for my work above.