SERVICE CONDITIONS SC1 Compliance with the Law and the NHS Constitution SC2 Regulatory Requirements SC3 Service Standards SC4 Co-operation SC5 Commissioner Requested Services/Essential Services SC6 Choice, Referrals and Booking SC7 Withholding and/or Discontinuation of Service SC8 Unmet Needs SC9 Consent SC10 Personalised Care Planning and Shared Decision Making SC11 Transfer of and Discharge from Care SC12 Service User, Staff and Public Involvement SC13 Equity of Access, Equality and Non-Discrimination SC14 Pastoral, Spiritual and Cultural Care SC15 Places of Safety SC16 Complaints SC17 Services Environment and Equipment SC18 Sustainable Development SC19 Food Standards SC20 Service Development and Improvement Plan SC21 HCAI Reduction Plan SC22 Venous Thromboembolism
GC27 Conflicts of Interest GC28 Force Majeure GC29 Third Party Rights GC30 Entire Contract GC31 Severability GC32 Waiver GC33 Remedies GC34 Exclusion of Partnership GC35 Non-Solicitation GC36 Notices GC37 Costs and Expenses GC38 Counterparts GC39 Governing Law and Jurisdiction CONTRACT This Contract records the agreement between the Commissioners and the Provider and comprises the Particulars; the Service Conditions; the General Conditions, as completed and agreed by the Parties and as varied from time to time in accordance with GC13 (Variations). IN WITNESS OF WHICH the Parties have signed this Contract on the date(s) shown below SIGNED by ………………………………………………………. Signature Mark Atkinson for and on behalf of West Kent Clinical Commissioning Group Mr Mark Atkinson, Head of Urgent Care …………………………………………………. Title ………………………………………………………. Date SIGNED by ………………………………………………………. Signature Mike Keen for and on behalf of Kent Local Pharmaceutical Committee Mr Mike Keen, CEO, Kent LPC …………………………………………………. Title 06th August2015. Date
Services comprise or include Specialised Services commissioned by NHS England NO Service Requirements Indicative Activity Plan Not applicable Activity Planning Assumptions Not applicable Essential Services (NHS Trusts only) Not applicable Services to 18 Weeks applies Not applicable PAYMENT National Prices Not applicable Small Provider NO Expected Annual Contract Value Agreed YES SUS applies NO QUALITY Provider type Local Pharmaceutical Committee Clostridium Difficile Baseline Threshold (Acute Services only) Not applicable GOVERNANCE AND REGULATORY Nominated Mediation Body CEDR Provider’s Nominated Individual Mr Michael Keen Email: michael.keen@kentlpc.org.uk Tel: 873356 Provider’s Information Governance Lead Mr Michael Keen Email: michael.keen@kentlpc.org.uk Tel: 873356 Provider’s Caldicott Guardian Mr Michael Keen michael.keen@kentlpc.org.uk Tel: 01622 873356 Provider’s Senior Information Risk Mr Michael Keen michael.keen@kentlpc.org.uk Tel: 01622 873356 Provider’s Accountable Emergency Officer Mr Michael Keen Email: michael.keen@kentlpc.org.uk Tel: 873356 Provider’s Safeguarding Lead Mr Michael Keen Email: michael.keen@kentlpc.org.uk Tel: 01622 873356 Provider’s Mental Capacity and Deprivation of Liberty Lead Mr Michael Keen Email: michael.keen@kentlpc.org.uk Tel: 01622 873356
SCHEDULE 2 – THE SERVICES Safeguarding Policies and Mental Capacity Act Policies Insert text locally LPC should ensure that sub-contracted providers have safeguarding policies in place, consistent with the overarching Kent County Council multi-agency safe guarding for adults policy, and Kent and Medway Safeguarding Children Procedures. LPC should provide evidence to WKCCG of the safe guarding policies of sub-contracted community pharmacy providers. SCHEDULE 2 – THE SERVICES Provisions Applicable to Primary Care Services Insert text locally or Not Applicable SCHEDULE 3 – PAYMENT Local Prices
SCHEDULE 4 – QUALITY REQUIREMENTS Operational Standards Ref Operational Standards Threshold (2015/16) Method of Measurement (2015/16) Consequence of breach Timing of application of consequence Applicable Service Category RTT waiting for non-urgent treatment E.B.1 Percentage of admitted Service Users starting treatment within a maximum of 18 weeks from Referral Operating standard of 90% at specialty level (as reported on Unify) Review of monthly Service Quality Performance Report Where the number of breaches in the month exceeds the tolerance permitted by the threshold, £400 in respect of each excess breach above that threshold Monthly Services to which 18 Weeks applies E.B.2 Percentage of Service Users starting treatment within a maximum of 18 weeks from Referral Operating standard of 95% at specialty level (as reported on Unify) Review of monthly Service Quality Performance Report Where the number of breaches in the month exceeds the tolerance permitted by the threshold, £100 in respect of each excess breach above that threshold Monthly Services to which 18 Weeks applies 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 (as reported on Unify) Review of monthly Service Quality Performance Report Where the number of breaches at the end of the month exceeds the tolerance permitted by the threshold, £150 in respect of each excess breach above that threshold Monthly Services to which 18 Weeks applies non-
Diagnostic test waiting times E.B.4 Percentage of Service Users waiting less than 6 weeks from Referral for a diagnostic test Operating standard of >99% Review of monthly Service Quality Performance Report Where the number of breaches at the end of the month exceeds the tolerance permitted by the threshold, £200 in respect of each excess breach above that threshold Monthly A CS CR D S 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 monthly Service Quality Performance Report Where the number of breaches in the month exceeds the tolerance permitted by the threshold, £120 in respect of each excess breach above that threshold. To the extent that the number of breaches 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 Operating standard of 93% Review of monthly Service Quality Performance Report Where the number of breaches in the Quarter exceeds the tolerance permitted by the threshold, £200 in respect of each Quarterly A CR R
than two weeks for first outpatient appointment excess breach above that threshold E.B.7 Percentage of Service Users referred urgently with breast symptoms (where cancer was not initially suspected) waiting no more than two weeks for first outpatient appointment Operating standard of 93% Review of monthly Service Quality Performance Report Where the number of breaches in the Quarter exceeds the tolerance permitted by the threshold, £200 in respect of each excess breach above that threshold Quarterly A CR R Cancer – 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 monthly Service Quality Performance Report the number of breaches in the Quarter exceeds the tolerance permitted by the threshold, £1,000 in respect of each excess breach 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 monthly Service Quality Performance Report Where the number of breaches in the Quarter exceeds the tolerance permitted by the threshold, £1,000 in respect of each excess breach 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 monthly Service Quality Performance Report Where the number of breaches in the Quarter exceeds the tolerance permitted by the threshold, £1,000 in respect of each excess breach above that threshold Quarterly A CR R
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 monthly Service Quality Performance Report the number of breaches in the Quarter exceeds the tolerance permitted by the threshold, £1,000 in respect of each excess breach above that threshold Quarterly A CR R Cancer waits – 62 days E.B.12 Percentage of Service waiting no more than two months (62 days) from urgent GP referral to first definitive treatment for cancer Operating standard of 85% Review of monthly Service Quality Performance Report Where the number of breaches in the Quarter exceeds the tolerance permitted by the threshold, £1,000 in respect of each excess breach 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 monthly Service Quality Performance Report Where the number of breaches in the Quarter exceeds the tolerance permitted by the threshold, £1,000 in respect of each excess breach above that threshold Quarterly A CR R E.B.14 Percentage of Service Users waiting no more than 62 days for first definitive treatment following a consultant’s decision to upgrade the priority of the Service User (all cancers) [Insert as per local determination] Review of monthly Service Quality Performance Report [Insert as per local determination] Quarterly A CR R
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 monthly Service Quality Performance Report £1,000 per Service User waiting over 60 minutes (in total, 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 ready to accept new calls within 15 minutes and no longer than 30 minutes >0 Review of monthly Service Quality Performance Report £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 monthly Service Quality Performance Report £100 per event where > 60 minutes (in total, not aggregated with E.B.S.8a consequence) in the relevant month Monthly AM E.B.S.5 Trolley in A&E not longer than 12 hours >0 Review of monthly Service Quality Performance Report £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 monthly Service Quality Performance Report £5,000 per incidence in the relevant month Monthly A CR VTE risk assessment: all inpatient Service Users undergoing risk assessment for VTE, as 95% Review of monthly Service Quality Performance Report Where the number of breaches in the month exceeds the tolerance permitted by the threshold, £200 in respect Monthly A
defined in Contract Technical Guidance of each excess breach above that threshold Publication of Formulary Continuing failure to publish Publication on Provider’s website Withholding of up to 1% of the Actual Monthly Value per month until publication Monthly A MH MHSS CR R Duty of candour Each failure to notify the Relevant Person of a suspected or actual Reportable Patient Safety Incident in accordance with SC35 Review of monthly Service Quality Performance Report 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 monthly Service Quality Performance Report 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 MHHS Completion of a valid NHS Number field in A&E commissioning data sets submitted via SUS, as defined in Contract Technical Guidance 95% Review of monthly Service Quality Performance Report Where the number of breaches in the month exceeds the tolerance permitted by the threshold, £10 in respect Monthly A&E
of each excess breach above that threshold Completion of Mental Health Minimum Data Set ethnicity coding for all detained and informal Service Users, as defined in Contract Technical Guidance Operating standard of 90% Review of monthly 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 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 monthly 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 SCHEDULE 4 – QUALITY REQUIREMENTS Quality Requirements Quality Requirement Threshold Method of Measurement Consequence of breach Timing of application of consequence Applicable Service Specification Insert text and/or attach spreadsheet or documents locally
National Quality Requirements, Quality Requirements, Never Events and the duty of candour Providers CQUIN Performance Report and details of progress towards satisfying any Quality Incentive Scheme Indicators, including details of all Quality Incentive Scheme Indicators satisfied or not satisfied [For local agreement, not less than annually] [For agreement] [For agreement] Small Providers Complaints monitoring report, setting out numbers of complaints received and including analysis of key themes in content of complaints [For local agreement, not less than annually] [For local agreement] [For agreement] Small Providers Report against performance of Service Development and Improvement Plan (SDIP) In accordance with relevant SDIP In accordance with relevant SDIP In accordance with relevant SDIP Small Providers Summary report of all incidents requiring reporting [For local agreement, not less than annually] [For local agreement] [For local agreement] Small Providers Data Quality Improvement Plan: report of progress against milestones In accordance with relevant DQIP In accordance with relevant DQIP In accordance with relevant DQIP Small Providers Report on outcome of reviews and evaluations in relation to numbers and skill mix in accordance with GC5.2 (Staff) 6 monthly (or more frequently if and as required by the Co-ordinating Commissioner from time to time) [For local agreement] [For local agreement] Small Providers Requirements Reported Locally Insert as agreed locally
Type of Survey Frequency Method of Reporting Method of Publication Application Friends and Family Test (where required in accordance with FFT Guidance) As required by FFT Guidance As required by FFT Guidance As required by FFT Guidance All Service User Survey Annual Via Annual service evaluation All Survey (appropriate NHS staff surveys where required by Staff Survey Guidance) [Other] [insert further description locally] N/A All (not Small Providers) Carer Survey [Insert further description locally] N/A All [Other insert locally]