The National Health Service Commissioning Board and Clinical Commissioning Groups (Responsibilities and Standing Rules) Regulations 2012

Matters to be included in commissioning contracts E+W

16.—(1) A commissioning contract entered into by a relevant body must contain terms and conditions that prescribe the circumstances in which the health service provider must provide to a relevant person—

(a) an appropriate apology; and

(b) the relevant information,

where there has been a patient safety incident.

[F1 (1A) A commissioning contract entered into by a relevant body must contain terms and conditions that ensure that the health service provider—

(a) co-operates with—

(i) the LETB for each area in which it provides such services; and

(ii) any LETB which represents that provider by virtue of arrangements made by HEE under paragraph 2(4)(c) of Schedule 6 to the Care Act 2014,

in such manner and to such extent as the LETB in question may request, in planning the provision of, and in providing, education and training for health care workers; and

(b) provides the LETB in question with such information as it may request.]

(2) In this regulation—

“appropriate apology” means a sincere expression of sorrow or regret, given in writing, for the harm that has resulted from a patient safety incident;

[F2 “LETB” means a local education and training board appointed by Health Education England under section 103 of the Care Act 2014;]

“patient safety incident” means an unintended or unexpected incident that occurs in respect of a patient, during and as a result of the provision of health care services, that could have led to, or did lead to, harm to that patient;

“relevant person” means the patient in respect of whom the patient safety incident occurred, or someone lawfully acting on that patient's behalf;

“relevant information”, in relation to a patient safety incident, means written details of—

(a)

the patient safety incident,

(b)

any investigation that has been carried out into that incident, and any causes of that incident, or other findings, that have been identified as a result of such an investigation, and

(c)

any steps that have been taken to prevent the recurrence of such an incident.

Textual Amendments

F1 Reg. 16(1A) inserted (1.4.2015) by The Health Education England Regulations 2014 (S.I. 2014/3215), regs. 1(1), 5(2)

F2 Words in reg. 16(2) inserted (1.4.2015) by The Health Education England Regulations 2014 (S.I. 2014/3215), regs. 1(1), 5(3)