The Provider Selection Regime Statutory Guidance has been updated

The Health Care Services (Provider Selection Regime) Regulations 2023 (“PSR”) came into force on 1 January 2024, accompanied by associated statutory guidance published by NHS England.

NHS England has now published updated statutory guidance, which can be found here.

As you will see in the guidance itself, the changes made include the following:

• The guidance has been redrafted throughout to make it easier to navigate and understand.
• The guidance on the most suitable provider process has been enhanced to provide greater clarity on how the most suitable provider process differs from the competitive process.
• Provision of further illustrative examples for areas which have caused confusion in the past.
• Amendments have been made to the guidance to reflect changes to the PSR resulting from the Procurement Act 2023. This includes the replacement of references to the Public Contracts Regulations 2015 and an explanation of how the PSR will incorporate the provisions of the Procurement Act related to the exclusion and debarment of providers.
• Clarification to the application of Pharmacy Services (see the supplemental guidance).

It is important to note that none of these updates signify a major policy change, and none are expected to disrupt ongoing processes. However, all those involved with the PSR should familiarise themselves with the new guidance.

The FAQs have also been updated.

Consideration should also be given to the published decisions of the Independent Patient Choice and Procurement Panel, which provide insight into the Panel’s approach in applying the PSR when considering PSR representations.

Contact us

Our specialist procurement team is helping clients with complying with the PSR. If you have any questions or would like any assistance, please feel free to get in touch.