PART 1Health service in England: integration, collaboration and other changes
Patient choice and procurement
I1I278Regulations as to patient choice
1
The National Health Service Act 2006 is amended as follows.
2
In section 6E (standing rules)—
a
in subsection (1)—
i
for “may” substitute “must”
;
ii
for “or” substitute “and”
;
b
after subsection (1) insert—
1A
The regulations must make provision as to the arrangements that NHS England and integrated care boards must make, in exercising their commissioning functions, for enabling persons to whom specified treatments or other specified services are to be provided to make choices with respect to specified aspects of them.
1B
The regulations may make other provision for the purpose of securing that, in exercising their commissioning functions, NHS England and integrated care boards protect and promote the rights of persons to make choices in relation to treatments or other services, where those rights—
a
arise by virtue of regulations under subsection (1A), or
b
are described in the NHS Constitution.
c
omit subsection (2)(c).
3
After section 6E insert—
6FEnforcement of section 6E regulations relating to patient choice
1
2
NHS England may direct an integrated care board—
a
to put in place measures for the purpose of preventing failures to comply with patient choice requirements or mitigating the effect of such failures, or
b
where an investigation under subsection (1) has been carried out, to remedy a failure to comply with patient choice requirements.
3
4
Where NHS England accepts an undertaking under subsection (3), NHS England may not—
a
continue to carry out any ongoing investigation under subsection (1) so far as relating to matters to which the undertaking relates, or
b
give a direction under subsection (2) in relation to those matters,
unless the integrated care board fails to comply with the undertaking.
5
6
Schedule 1ZA makes further provision about undertakings.
6GGuidance relating to patient choice
1
NHS England must publish guidance about how it intends to exercise powers conferred on it by section 6F and Schedule 1ZA.
2
Before publishing guidance under this section, NHS England must obtain the approval of the Secretary of State.
4
5
Schedule 11 inserts into the National Health Service Act 2006 a new Schedule 1ZA (undertakings by integrated care boards).