Newsflash: Provider Selection Regime: supplementary consultation on the detail of proposals for regulations

Newsflash: Provider Selection Regime: supplementary consultation on the detail of proposals for regulations

On 21 February 2022, DHSC launched a supplementary consultation on the detail of proposals for Provider Selection Regime regulations.

Click here to read the GOV.UK supplementary consultation

The consultation closes at 11:45pm on 28 March 2022. The consultation sets out that:

  • due to timing constraints, the Provider Selection Regime will not be established at the same time as integrated care boards (ICBs). The current intention is to implement ICBs from July 2022 subject to the Parliamentary passage of the Health and Care Bill.
  • DHSC is continuing to work to ensure that the Provider Selection Regime is established as soon as possible after the establishment of ICBs, subject to Parliamentary approvals and scheduling.
  • relevant decision-makers should not inform any plans on the assumption that the Provider Selection Regime will be established by an assumed date – or will be established as per the proposals set out in this consultation or the accompanying literature until these are agreed by Parliament.

Commissioners should therefore take this into account when making commissioning decisions. The current regime is set out in the Public Contracts Regulations 2015 and the National Health Service (Procurement, Patient Choice and Competition) (No. 2) Regulations 2013.

The consultation does, however, provide an overview of the proposed Provider Selection Regime. We will provide more details in due course, and if you have any questions in the meantime please do get in touch.