Regulation of healthcare
Produced in partnership with Louise Fullwood of Pinsent Masons
Regulation of healthcare

The following Local Government practice note produced in partnership with Louise Fullwood of Pinsent Masons provides comprehensive and up to date legal information covering:

  • Regulation of healthcare
  • Key changes under HSCA 2012
  • Regulation
  • Professional Standards Authority (PSA)
  • Department of Health and Social Care (DHSC)
  • The Care Quality Commission (CQC)
  • NHS Improvement
  • Competition regulation and economic licensing under HSCA 2012
  • HSCA 2012
  • Private healthcare

Forthcoming Change: On 11 February 2021, the Department of Health and Social Care published its legislative proposals for a new Health and Care Bill, ‘Integration and Innovation: working together to improve health and social care for all’ (White Paper). The plan is to implement these proposals in 2022. See News Analyses: Top ten points to note from the NHS White Paper, Health and Social Care White Paper 2021—where next for patient safety and professional healthcare regulation?, and Do the DHSC’s plans for integration improve health and social care for all?

Regulation relating to public healthcare in England is primarily governed by the Health and Social Care Act 2012 (HSCA 2012), which made substantial amendments to the National Health Service Act 2006 (NHSA 2006) and other NHS legislation. HSCA 2012 is the product of a number of initiatives that seeks to put patients first, improve healthcare outcomes and change the structure of commissioning powers. Regulation of healthcare (both public and private) can be divided into two categories—the regulation of the quality of care, which is overseen by the Care Quality Commission (CQC), and the regulation of the healthcare services market which is currently undertaken by NHS Improvement.

Key changes under HSCA 2012

HSCA 2012 generally altered the structure of public healthcare in England, the most prominent change being the abolition of Primary Care Trusts (PCTs) and Strategic Health

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