with the Provider, or following consultation with the Provider and having taken its views into account; and 21.16.6 to assist the Commissioners in responding to a request for information, by processing information or environmental information (as the same are defined in FOIA or EIR) in accordance with a records management system that complies with all applicable records management recommendations and codes of conduct issued under section 46 of FOIA, and providing copies of all information requested by that Commissioner within 5 Operational Days of that request and without charge. 21.17 The Parties acknowledge that, except for any information which is exempt from disclosure in accordance with the provisions of FOIA, or for which an exception applies under EIR, the content of this Contract is not Confidential Information. 21.18 Notwithstanding any other term of this Contract, the Provider consents to the publication of this Contract in its entirety (including variations), subject only to the redaction of information that is exempt from disclosure in accordance with the provisions of FOIA or for which an exception applies under EIR." GC22 (Intellectual Property) Delete the text of GC22 and replace with the text of GC22 of the 2016/17 Contract. All numbering and cross-references to be amended accordingly. GC23 (NHS Branding, Marketing and Promotion) Delete the text of GC23 and replace with the text of GC23 of the 2016/17 Contract, with the Condition heading amended to "NHS Identity, Marketing and Promotion". All numbering and cross-references to be amended accordingly. GC27 (Conflicts of Interest) Delete the text of GC27 and replace with the text of GC27 of the 2016/17 Contract, with the Condition heading amended to "Conflicts of Interest and Transparency on Gifts and Hospitality". All numbering and cross-references to be amended accordingly. General Conditions: Definitions and Interpretation Insert the new definitions set out in Part 1 of Appendix 1, and amend the definitions set out in Part 2 of Appendix 1 as described in that Part 2. PARTICULARS Delete the contents of the following Parts of Schedule 4: Part A: Operational Standards; and Part B: National Quality Requirements and replace with the equivalent Parts A and B set out in Appendix 2 completed with local content where applicable. Any references to “Applicable Service Category” to be interpreted as in the 2016/17 Contract. Delete the contents of the Schedule 4D (Never Events) and mark as "Not used".
NHS e-Referral Guidance Guidance in relation to best practice use of the NHS e-Referral Service, available at: NHS Identity the name and logo of the NHS and any names, logos and graphical presentations as held by the Secretary of State required to be used in connection with the provision of the Services NHS Identity Guidelines NHS Identity policy and guidelines, available at , and any other Guidance issued from time to time in relation to the NHS Identity Notifiable Safety Incident has the definition to it in the 2014 Regulations Patient Decision Aids tools to assist patients in making decisions about their own care, available here: PEPPOL Pan-European Public Procurement Online. See: and Place of Safety a safe where a mental health assessment can be carried out; this may be a hospital, care home, or any other suitable place where the occupier is willing to receive the person while the assessment is completed. Police stations should be only be used in exceptional circumstances Primary Care Referred Service a Service which accepts Referrals from GPs and/or other primary care Referrers (as set out in NHS e-Referral Service guidance) Provider Deliverables all documents, products and materials developed by the Provider or its agents, subcontractors, consultants and employees in relation to the Services in any form and required to be submitted to any Commissioner under this Contract, including data, reports, policies, plans and specifications Records Management Guidance Department of Health guidance on management and retention of records available at: Royal College of Psychiatrists Standards standards on the application of section 136 of the Mental Health Act 1983 (England and Wales), published by the Royal College of Psychiatrists () SCCI the Standardisation Committee for Care Information, the body with delegated responsibility for appropriate information standards for the health and social care system (or that body’s predecessor): Sustainability and Transformation Fund the arrangement described in through which NHS Trusts and Foundation Trusts can access non-recurrent funding during 2016/17 Very Senior Manager whether or not the relevant NHS Employer operates the Pay Framework for Very Senior Managers in Strategic and Special Health Authorities, Primary Care Trusts and Ambulance Trusts, an individual as described in paragraph 4 of that framework, whether that individual is engaged under a contract of employment or a contract for services Appendix 1 Part 2: Variations to Defined Terms Delete the definitions given to the following defined terms and replace with the amended definitions as follows (and, where the defined term itself is amended, any use in the Contract of the original term is to be read as the amended term):
Appendix 2: Operational Standards and National Quality Requirements Schedule 4 Part A: Operational Standards Ref Operational Standards Threshold (2016/17) Method of Measurement (2016/17) Consequence of breach Timing of application of consequence Application RTT waiting times for non-urgent treatment E.B.3 Percentage of Service Users on incomplete RTT pathways (yet to start treatment) waiting no more than 18 weeks from Referral* Operating standard of 92% at specialty level (as reported on Unify) Review of Service Quality Performance Reports Where the number of Service Users waiting more than 18 weeks at the end of the month exceeds the tolerance permitted by the threshold, £300 in respect of each such Service User above that threshold Monthly Services to 18 Weeks applies Diagnostic test waiting times E.B.4 Percentage of Service Users waiting 6 weeks or more from Referral for a diagnostic test* Operating standard of no more than 1% Review of Service Quality Performance Reports the number of Service Users waiting 6 weeks or more at the end of the month exceeds the tolerance permitted by the threshold, £200 in respect of each such Service User above that threshold Monthly A CS CR D A&E waits
E.B.5 Percentage of A & E attendances where the Service User was admitted, transferred or discharged within 4 hours of their arrival at an A&E department* Operating standard of 95% Review of Service Quality Performance Reports Where the number of Service Users in the month not admitted, transferred or discharged within 4 hours exceeds the tolerance permitted by the threshold, £120 in respect of each such Service User above that threshold. To the extent that the number of such Service Users exceeds 15% of A&E attendances in the relevant month, no further consequence will be applied in respect of the month Monthly A+E U Cancer waits - 2 week wait E.B.6 Percentage of Service Users referred urgently with suspected cancer by a GP waiting no more than two weeks for first outpatient appointment* Operating standard of 93% Review of Service Quality Performance Reports Where the number of Service Users who have waited more than two weeks during the Quarter exceeds the tolerance permitted by the threshold, £200 in respect of each such Service User above that threshold Quarterly A CR R E.B.7 Percentage of Service referred urgently with breast symptoms (where cancer was not initially Operating standard of 93% Review of Service Quality Performance Reports the number of Service Users who have waited more than two weeks during the Quarter exceeds Quarterly A CR R
suspected) waiting no more than two weeks for first outpatient appointment* the tolerance permitted by the threshold, £200 in respect of each such Service User above that threshold Cancer waits – 31 days E.B.8 Percentage of Service Users waiting no more than one month (31 days) from diagnosis to first definitive treatment for all cancers* Operating standard of 96% Review of Service Quality Performance Reports Where the number of Service Users who have waited more than 31 days during the Quarter exceeds the tolerance permitted by the threshold, £1,000 in respect of each such Service User above that threshold Quarterly A CR R E.B.9 Percentage of Service waiting no more than 31 days for subsequent treatment where that treatment is surgery* Operating standard of 94% Review of Service Quality Performance Reports Where the number of Service Users who have waited more than 31 days during the Quarter exceeds the tolerance permitted by the threshold, £1,000 in respect of each such Service User above that threshold Quarterly A CR R E.B.10 Percentage of Service Users waiting no more than 31 days for subsequent treatment where that treatment is an anti-cancer drug regimen* Operating standard of 98% Review of Service Quality Performance Reports Where the number of Service Users who have waited more than 31 days during the Quarter exceeds the tolerance permitted by the threshold, £1,000 in respect of each such Quarterly A CR R
Service User above that threshold E.B.11 Percentage of Service Users waiting no more than 31 days for subsequent treatment where the treatment is a course of radiotherapy* Operating standard of 94% Review of Service Quality Performance Reports Where the number of Service Users who have waited more than 31 days during the Quarter exceeds the tolerance permitted by the threshold, £1,000 in respect of each such Service User above that threshold Quarterly A CR R Cancer – 62 days E.B.12 Percentage of Service Users waiting no more than two months (62 days) from urgent GP referral to first definitive treatment for cancer* Operating standard of 85% Review of Service Quality Performance Reports the number of Service Users who have waited more than 62 days during the Quarter exceeds the tolerance permitted by the threshold, £1,000 in respect of each such Service User above that threshold Quarterly A CR R E.B.13 Percentage of Service Users waiting no more than 62 days from referral from an NHS screening service to first definitive treatment for all cancers* Operating standard of 90% Review of Service Quality Performance Reports Where the number of Service Users in the Quarter who have waited more than 62 days during the Quarter exceeds the tolerance permitted by the threshold, £1,000 in respect of each such Service User above that threshold Quarterly A CR R
Category A ambulance E.B.15.i Percentage of Category A Red 1 ambulance calls resulting in an emergency response arriving within 8 minutes* Operating standard of 75% Review of Service Quality Performance Reports Where, for the Contract Year as a whole, the number of Red 1 calls where the emergency response did not arrive within 8 minutes exceeds the tolerance permitted by the threshold, £300 in respect of each call above that threshold Annual AM E.B.15.ii Percentage of Category A Red 2 ambulance calls resulting in an emergency response arriving within 8 minutes* Operating standard of 75% Review of Service Quality Performance Reports Where, for the Contract Year as a whole, the number of Red 2 calls where the emergency response did not arrive within 8 minutes exceeds the tolerance permitted by the threshold, £100 in respect of each call above that threshold** Annual AM E.B.16 Percentage of Category A calls resulting in an ambulance arriving at the scene within 19 minutes* Operating standard of 95% Review of Service Quality Performance Reports Where, for the Contract Year as a whole, the number of calls where the response did not arrive within 19 minutes exceeds the tolerance permitted by the threshold, £100 in respect of each call above that threshold** Annual AM
Mixed sex accommodation breaches E.B.S.1 Mixed sex accommodation breach* >0 Review of Service Quality Performance Reports £250 per day per Service User affected Monthly A CR MH Cancelled operations E.B.S.2 All Service Users who have operations cancelled, on or after the day of admission (including the day of surgery), for non-clinical reasons to be offered another binding date within 28 days, or the Service User’s treatment to be funded at the time and hospital of the Service User’s choice* Number of Service Users who are not offered another binding date within 28 days >0 Review of Service Quality Performance Reports Non-payment of costs associated with cancellation and non- payment or reimbursement (as applicable) of re-scheduled episode of care Monthly A CR Mental health E.B.S.3 Care Programme Approach (CPA): The percentage of Service Users under adult mental illness specialties on CPA who were followed up within 7 days of discharge from psychiatric in-patient care* Operating standard of 95% Review of Service Quality Performance Reports Where the number of Service Users in the Quarter not followed up within 7 days exceeds the tolerance permitted by the threshold, £200 in respect of each such Service User above that threshold Quarterly MH MHSS
E.B.S.7b All handovers between ambulance and A & E must take place within 15 minutes with none waiting more than 60 minutes* >0 Review of Service Quality Performance Reports £1,000 per Service User waiting over 60 minutes (in not aggregated with E.B.S.7a consequence) in the relevant month Monthly A+E E.B.S.8a Following handover between ambulance and A & E, ambulance crew should be to accept new calls within 15 minutes and no longer than 30 minutes* >0 Review of Service Quality Performance Reports £20 per event where > 30 minutes in the relevant month Monthly AM E.B.S.8b Following handover between ambulance and A & E, ambulance crew should be ready to accept new calls within 15 minutes and no longer than 60 minutes* >0 Review of Service Quality Performance Reports £100 per where > 60 minutes (in total, not aggregated with E.B.S.8a consequence) in the relevant month Monthly AM E.B.S.5 Trolley waits in A&E not longer than 12 hours* >0 Review of Service Quality Performance Reports £1,000 per incidence in the relevant month Monthly A+E E.B.S.6 No urgent operation should be cancelled for a second time* >0 Review of Service Quality Performance Reports £5,000 per incidence in the relevant Monthly A CR VTE risk assessment: all inpatient Service Users undergoing risk assessment for VTE, as 95% Review of Service Quality Performance Reports Issue of Contract Performance Notice and subsequent process in accordance with GC9 Quarterly A
defined in Contract Technical Guidance Duty of candour Each failure to notify the Relevant Person of a suspected or actual Reportable Patient Safety Incident in accordance with Regulation 20 of the 2014 Regulations Review of Service Quality Performance Reports Recovery of the cost of the episode of care, or £10,000 if the cost of the episode of care is unknown or indeterminate Monthly All Completion of a valid NHS Number field in mental health and acute commissioning data sets submitted via SUS, as defined in Contract Technical Guidance 99% Review of Service Quality Performance Reports the number of breaches in the month exceeds the tolerance permitted by the threshold, £10 in respect of each excess breach above that threshold Monthly A MH MHSS Completion of a NHS Number field in A&E commissioning data sets submitted via SUS, as defined in Contract Technical Guidance 95% Review of Service Quality Performance Reports Where the number of breaches in the month exceeds the tolerance permitted by the threshold, £10 in respect of each excess breach above that threshold Monthly A&E Completion of Mental Health Services Data Set ethnicity coding for all Operating standard of 90% Review of Service Quality Performance Reports Where the number of breaches in the month exceeds the tolerance Monthly MH MHSS
Service Users, as defined in Contract Technical Guidance permitted by the threshold, £10 in respect of each excess breach above that threshold Completion of IAPT Minimum Data Set outcome data for all appropriate Service Users, as defined in Contract Technical Guidance Operating standard of 90% Review of Service Quality Performance Reports Where the number of breaches in the month exceeds the tolerance permitted by the threshold, £10 in respect of each excess breach above that threshold Monthly MH MHSS E.H.4 Early Intervention in Psychosis programmes: the percentage of Service Users experiencing a first episode of psychosis who commenced a package of care within two weeks of referral Operating standard of 50% Review of Service Quality Performance Reports Issue of Contract Performance Notice and subsequent process in accordance with GC9 Quarterly MH MHSS E.H.1 Improving Access to Psychological Therapies (IAPT) programmes: the percentage of Service Users referred to an IAPT programme who are treated within six weeks of referral Operating standard of 75% Review of Service Quality Performance Reports Issue of Contract Performance Notice and subsequent process in accordance with GC9 Quarterly MH MHSS E.H.2 Improving Access to Psychological Therapies (IAPT) programmes: the Operating standard of 95% Review of Service Quality Performance Reports Issue of Contract Performance Notice and Quarterly MH MHSS
percentage of Service Users referred to an IAPT programme who are treated within 18 weeks of referral subsequent process in accordance with GC9 Full implementation of an effective e-Prescribing system for chemotherapy across all relevant clinical teams within the Provider (other than those dealing with children, teenagers and and young adults) across all tumour sites Failure to produce a robust implementation plan, by 30 June 2016, to achieve full implementation as described under Service Specification B15/S/a Cancer: Chemotherapy (Adult) by 31 March 2017 Review of Service Quality Performance Reports 5% of the Actual Monthly for the Services provided under Service Specification B15/S/a (Cancer: Chemotherapy (Adult) per month, until a robust implementation plan is produced Monthly Where both Specialised Services and Cancer apply Full implementation of an effective e-Prescribing system for chemotherapy across all relevant clinical teams within the Provider dealing with children, teenagers and young adults across all tumour sites Failure to produce a robust implementation plan, by 30 September 2016 to achieve full implementation as described under Service Specification B15/S/b Cancer: Review of Service Quality Performance Reports 5% of the Actual Monthly Value for the Services provided under Service Specification B15/S/b Cancer: Chemotherapy (Children, Teenagers and Young Adults) per month, until a robust implementation plan is produced Monthly Where both Specialised Services and Cancer apply