The Amendments Relating to the Provision of Integrated Care Regulations 2019

Amendment of regulation 12

6.—(1) Regulation 12 (repayments) is amended as follows.

(2) Paragraph (1) is amended in accordance with paragraphs (3) and (4).

(3) In sub-paragraph (a)—

(a) in paragraph (i)—

(i) for “by an NHS trust or an NHS foundation trust,” substitute “by an NHS trust, an NHS foundation trust, an integrated care provider or an integrated care sub-contractor”;

(ii) for “in writing the NHS trust or the NHS foundation trust” substitute “in writing the body that made the charge”;

(b) in paragraph (ia), for “the health service body which arranged” substitute “the health service body or the arranger of ICP services which arranged”;

(4) After sub-paragraph (a) insert—

“(aa) in a case falling within regulation 3(1)(a) where the services are provided by an integrated care provider or an integrated care sub-contractor—

(i) where the provider of the services is an NHS trust or an NHS foundation trust, notify in writing that NHS trust or NHS foundation trust,

(ii) where the provider of the services or the arranger of ICP services is a local authority, notify in writing the relevant CCG, or

(iii) where the arranger of ICP services is the Board or a CCG, notify in writing the Board or that CCG.”.

(5) In sub-paragraph (b)—

(a) at the end of paragraph (i), omit “or”;

(b) at the end of paragraph (ii) insert “or”;

(c) after paragraph (ii) insert—

“(iii) where the arrangements referred to in regulation 3(1)(b) were made by an arranger of ICP services, an integrated care provider or an integrated care sub-contractor—

(aa) where the services were arranged by an NHS trust or an NHS foundation trust or by an integrated care sub-contractor providing services on behalf of an NHS trust or an NHS foundation trust, that NHS trust or NHS foundation trust,

(bb) where the services were arranged by a local authority or the arranger of ICP services is a local authority, the relevant CCG,

(cc) where the arranger of ICP services is the Board, the Board, or

(dd) where the arranger of ICP services is a CCG, that CCG.”.

(6) In paragraph (2), for “a relevant CCG or other health service body” substitute “a relevant CCG, other health service body, an integrated care provider, an integrated care sub-contractor or an arranger of ICP services”.

(7) In paragraph (3), after “as the health service body” insert “or the arranger of ICP services”.