Common use of Monitor Clause in Contracts

Monitor. Monitor is the independent sector regulator for health. Monitor’s main duty is to “protect and promote the interests of people who use health care services by promoting provision of services which is economic, efficient and effective, and maintains or improves the quality of services”. In carrying out the new role as sector regulator, Monitor will licence providers of NHS services in England and exercise functions in four areas: setting prices; enabling integrated care; preventing anti-competitive behaviour; and supporting commissioners to maintain service continuity. Monitor will also have a continuing role in assessing NHS trusts for foundation trust status, and for ensuring that foundation trusts are financially viable and well-led, in terms of both quality and finances. The reform of the system and the quality and financial challenges faced by the NHS, provide the important strategic context within which this partnership agreement has been developed and will be implemented over the coming years. The NHS faces many significant challenges, including rising demand for services as the population ages, the increasing prevalence of people with long-term conditions with multiple needs and huge variations in service quality and health outcomes. The NHS is faced with meeting these challenges in period of financial constraints in the wider economy and thus a squeeze on public spending for the foreseeable future. In response, the government reforms (The Health & Social Care Act 2012) aim to put patients at the heart of the system through empowering clinical leadership, supporting providers to innovate and thus allowing scope for local and devolved decision making to improve patient care, patient experience and the efficiency of the NHS. Xxxxxx Xxxxxxx QC’s report of the public inquiry into failings in the quality of care at Mid Staffordshire Hospital has further emphasised the need to re-focus the NHS on improving quality and putting patients first in all circumstances. Against this background, Monitor and NHS England share the vision of supporting and enabling the delivery of safe, sustainable and high quality care to improve patient outcomes. By working together we can achieve more in engaging with local commissioners and clinicians, with patients, their carers, the public and other stakeholders. Consistent with our respective roles, duties and powers, we will enable local health communities to meet the challenges ahead whilst holding the system to account for delivering maximum public value for patients, their families and the taxpayer. Working within the legal framework set by the Health and Social Care Act 2012, we will work together to achieve the following partnership objectives: • To improve the outcomes of patients and reduce health inequalities; • To protect and promote the rights of patients, supporting them to be empowered in making decisions with better information regarding their care treatment; • To support commissioning so it is efficient, effective and leads to the provision of high quality care for patients which is reflective of the fiscal climate • To identify and address the barriers to, and strengthening the enablers of, effective system change & reform. In delivering our partnership objectives and our joint priorities, we will work in consistent ways through an agreed set of values and associated behaviours at all levels of our organisations. Our values and behaviours should be adhered to but recognise the dual role of Monitor as NHS England’s partner and regulator. Actively engage with the system and patients to focus on improved services and outcomes for patients. conversations Actively seek solutions through consensus Collaborate on the ‘end state’ for what we are trying to achieve with respective roles made clear from the start through our respective business planning processes Recognise the need to work collaboratively as well as individually and ensure we deliver to a high-standard of work and communications with the system Share work and information in a timely manner and where appropriate share work in advance of publication to the

Monitor. Monitor is the independent sector regulator for health. Monitor’s main duty is to “protect and promote the interests of people who use health care services by promoting provision of services which is economic, efficient and effective, and maintains or improves the quality of services”. In carrying out the new role as sector regulator, Monitor will licence providers of NHS services in England and exercise functions in four areas: setting prices; enabling integrated care; preventing anti-competitive behaviour; and supporting commissioners our job is to maintain service continuity. Monitor will also have a continuing role in assessing NHS trusts for foundation trust status, and for ensuring that foundation trusts are financially viable and well-led, in terms of both quality and finances. The reform of make the system and the quality and financial challenges faced by the NHS, provide the important strategic context within which this partnership agreement has been developed and will be implemented over the coming years. The NHS faces many significant challenges, including rising demand for services as the population ages, the increasing prevalence of people with long-term conditions with multiple needs and huge variations in service quality and health outcomes. The NHS is faced with meeting these challenges in period of financial constraints in the wider economy and thus a squeeze on public spending for the foreseeable future. In response, the government reforms (The Health & Social Care Act 2012) aim to put patients at the heart of the system through empowering clinical leadership, supporting providers to innovate and thus allowing scope for local and devolved decision making to improve patient care, patient experience and the efficiency of the NHS. Xxxxxx Xxxxxxx QC’s report of the public inquiry into failings in the quality of care at Mid Staffordshire Hospital has further emphasised the need to re-focus the NHS on improving quality and putting patients first in all circumstances. Against this background, Monitor and NHS England share the vision of supporting and enabling the delivery of safe, sustainable and high quality care to improve patient outcomes. By working together we can achieve more in engaging with local commissioners and clinicians, with patients, their carers, the public and other stakeholders. Consistent with our respective roles, duties and powers, we will enable local health communities to meet the challenges ahead whilst holding the system to account for delivering maximum public value sector work better for patients. Before April 2013 Monitor’s main task was to authorise and regulate NHS foundation trusts, their families and the taxpayercurrently 60% of all public providers of NHS services. Working within the legal framework set by However, under the Health and Social Care Act 20122012 Monitor was given a wide range of additional responsibilities including expanding its role beyond foundation trusts to the licensing of non-exempt independent providers of NHS services. Monitor’s core responsibilities can be summarised under four main headings: • Making sure public providers are well led. Monitor makes sure public providers of NHS care are well led and delivering quality care on a sustainable basis. Firstly by setting a required standard that all NHS providers must meet (our foundation trust authorisation standard or ‘bar’) and by working, most recently with the NHS Trust Development Authority, to ensure that, in due course, all NHS providers meet this standard; secondly, we seek to control the risk that foundation trusts, once authorised, fall back below the required standard. If they do, we take remedial action. • Making sure essential NHS services are maintained. Monitor is responsible for making sure those services are maintained and protected for local patients. If a provider of essential NHS services gets into such serious difficulties so as to no longer be able to provide essential services, Monitor is responsible for making sure those services are maintained and protected for local patients. The services may continue to be provided by the failing provider while it restructures, or by alternative providers. • Making sure the NHS payment system promotes quality and efficiency. One of Monitor’s new duties is to work with NHS England to design and operate the payment system for all NHS services. Monitor sets the rules that govern the prices paid for services, while the grouping of services for payment purposes is done by NHS England. • Making sure procurement, choice and competition operate in the best interests of patients. Monitor’s role is to help commissioners and providers make sure patients do not lose out through poor commissioning, restrictions on their rights to make choices or inappropriate anti-competitive behaviour by commissioners or providers. Monitor has a duty to enable better integration of services, both in healthcare and between health and social care, where this is in patients’ interests. Monitor also seeks to encourage innovation and change through research and analysis to identify what works and what doesn’t, and to stimulate better ways of working. We will work together in a transparent and open way to achieve the following partnership objectives: • To improve the outcomes of patients and reduce health inequalities; • To protect support and promote the rights delivery of patientssafe, supporting them to be empowered well-led and sustainable care for the public. This memorandum does not override each organisation’s respective statutory duties and powers. However, both organisations will act in making decisions accordance with better information regarding their care treatment; • To support commissioning so it is efficient, effective the Regulator’s code5 and leads adhere to the provision of high quality care following principles for patients which is reflective of the fiscal climate collaborative working: • To identify and address the barriers to, and strengthening the enablers of, effective system change & reform. In delivering our partnership objectives and our joint priorities, we Patient focused: We will work in consistent ways through an agreed set of values and associated behaviours at all levels of our organisations. Our values and behaviours should be adhered listen to but recognise the dual role of Monitor as NHS England’s partner and regulator. Actively engage with the system and patients to focus on improved people who use services and outcomes act in their interests, influencing the overarching system to bring about the greatest benefits for patients. conversations Actively seek solutions through consensus Collaborate on the ‘end state’ for what we are trying to achieve with respective roles made clear from the start through our respective business planning processes Recognise the need to work collaboratively as well as individually and ensure we deliver to a high-standard of work and communications with the system Share work and information in a timely manner and where appropriate share work in advance of publication to the.

Monitor. Monitor is the independent sector regulator for health. Monitor’s main duty is to “protect and promote the interests of people who use health care services by promoting provision of services which is economic, efficient and effective, and maintains or improves the quality of services”. In carrying out the new role as sector regulator, Monitor will licence providers of NHS services in England and exercise functions in four areas: setting prices; enabling integrated care; preventing anti-competitive behaviour; and supporting commissioners our job is to maintain service continuity. Monitor will also have a continuing role in assessing NHS trusts for foundation trust status, and for ensuring that foundation trusts are financially viable and well-led, in terms of both quality and finances. The reform of make the system and the quality and financial challenges faced by the NHS, provide the important strategic context within which this partnership agreement has been developed and will be implemented over the coming years. The NHS faces many significant challenges, including rising demand for services as the population ages, the increasing prevalence of people with long-term conditions with multiple needs and huge variations in service quality and health outcomes. The NHS is faced with meeting these challenges in period of financial constraints in the wider economy and thus a squeeze on public spending for the foreseeable future. In response, the government reforms (The Health & Social Care Act 2012) aim to put patients at the heart of the system through empowering clinical leadership, supporting providers to innovate and thus allowing scope for local and devolved decision making to improve patient care, patient experience and the efficiency of the NHS. Xxxxxx Xxxxxxx QC’s report of the public inquiry into failings in the quality of care at Mid Staffordshire Hospital has further emphasised the need to re-focus the NHS on improving quality and putting patients first in all circumstances. Against this background, Monitor and NHS England share the vision of supporting and enabling the delivery of safe, sustainable and high quality care to improve patient outcomes. By working together we can achieve more in engaging with local commissioners and clinicians, with patients, their carers, the public and other stakeholders. Consistent with our respective roles, duties and powers, we will enable local health communities to meet the challenges ahead whilst holding the system to account for delivering maximum public value sector work better for patients. Before April 2013 Monitor’s main task was to authorise and regulate NHS foundation trusts, their families and the taxpayercurrently 60% of all public providers of NHS services. Working within the legal framework set by However, under the Health and Social Care Act 20122012 Monitor was given a wide range of additional responsibilities including expanding its role beyond foundation trusts to the licensing of non-exempt independent providers of NHS services. Monitor’s core responsibilities can be summarised under four main headings:  Making sure public providers are well led. Monitor makes sure public providers of NHS care are well led and delivering quality care on a sustainable basis. Firstly by setting a required standard that all NHS providers must meet (our foundation trust authorisation standard or ‘bar’) and by working, most recently with the NHS Trust Development Authority, to ensure that, in due course, all NHS providers meet this standard; secondly, we seek to control the risk that foundation trusts, once authorised, fall back below the required standard. If they do, we take remedial action.  Making sure essential NHS services are maintained. Monitor is responsible for making sure those services are maintained and protected for local patients. If a provider of essential NHS services gets into such serious difficulties so as to no longer be able to provide essential services, Monitor is responsible for making sure those services are maintained and protected for local patients. The services may continue to be provided by the failing provider while it restructures, or by alternative providers.  Making sure the NHS payment system promotes quality and efficiency. One of Monitor’s new duties is to work with NHS England to design and operate the payment system for all NHS services. Monitor sets the rules that govern the prices paid for services, while the grouping of services for payment purposes is done by NHS England.  Making sure procurement, choice and competition operate in the best interests of patients. Monitor’s role is to help commissioners and providers make sure patients do not lose out through poor commissioning, restrictions on their rights to make choices or inappropriate anti-competitive behaviour by commissioners or providers. Monitor has a duty to enable better integration of services, both in healthcare and between health and social care, where this is in patients’ interests. Monitor also seeks to encourage innovation and change through research and analysis to identify what works and what doesn’t, and to stimulate better ways of working. We will work together in a transparent and open way to support and promote the delivery of safe, well-led and sustainable care for the public. This memorandum does not override each organisation’s respective statutory duties and powers. However, both organisations will act in accordance with the Regulator’s code5 and adhere to the following principles for collaborative working:  Patient focused: We will listen to people who use services and act in their interests, influencing the overarching system to bring about the greatest benefits for patients.  Minimise duplication: When we work together we will be clear about our unique expertise and roles to avoid duplication and ensure the efficient and effective use of resources.  Transparent: We will be clear with providers about the requirements placed upon them. We will work together in dealing with failure and driving wider improvement in the safety and quality of care provided by organisations that require registration with CQC and a licence with Monitor.  Collaborative: We will work together to achieve the following partnership objectives: • To improve the outcomes of patients and reduce health inequalities; • To protect and promote the rights of patientscommunicate our aims, supporting them to be empowered in making decisions with better information regarding their care treatment; • To support commissioning so it is efficient, effective and leads to the provision of high quality care for patients which is reflective of the fiscal climate • To identify and address the barriers to, and strengthening the enablers of, effective system change & reform. In delivering our partnership objectives and our joint prioritiesrecommendations, we where appropriate. We will work in consistent ways through an agreed set of values and associated behaviours at all levels of our organisations. Our values and behaviours should be adhered to but recognise the dual role of Monitor as NHS England’s partner and regulator. Actively engage with the system and patients to focus on improved services and outcomes collaboratively develop methods (for patients. conversations Actively seek solutions through consensus Collaborate on the ‘end state’ example, when developing methods for what we are trying to achieve with respective roles made clear from the start through our respective business planning processes Recognise the need to work collaboratively as well as individually and ensure we deliver to a high-standard of work and communications with the system Share work and information in a timely manner and where appropriate share work in advance of publication to theregulating governance).