SCHEDULE 8 – TUPE SERVICE CONDITIONS (Service Conditions 7, 9, 14, 18-20, 22, 26-27, 31 intentionally omitted) 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 SC8 Making Every Contact Count and Self Care SC10 Personalised Care Planning and Shared Decision Making SC11 Transfer of and Discharge from Care SC12 Communicating With and Involving Service Users, Public and Staff SC13 Equity of Access, Equality and Non-Discrimination SC15 Urgent Access to Mental Health Care SC16 Complaints SC17 Services Environment and Equipment SC21 Antimicrobial Resistance and Healthcare Associated Infections SC23 Service User Health Records SC24 NHS Counter-Fraud and Security Management SC25 Procedures and Protocols SC28 Information Requirements SC29 Managing Activity and Referrals SC30 Emergency Preparedness, Resilience and Response SC32 Safeguarding and Mental Capacity SC33 Incidents Requiring Reporting SC34 Care of Dying People SC35 Duty of Candour SC36 Payment Terms SC37 Local Quality Requirements and Quality Incentive Schemes SC38 Commissioning for Quality and Innovation (CQUIN) GENERAL CONDITIONS (General Conditions 6-7, 34-35 intentionally omitted) GC1 Definitions and Interpretation GC2 Effective Date and Duration GC3 Service Commencement GC4 Transition Period GC5 Staff GC8 Review GC9 Contract Management
GC10 Co-ordinating Commissioner and Representatives GC11 Liability and Indemnity GC12 Assignment and Sub-Contracting GC13 Variations GC14 Dispute Resolution GC15 Governance, Transaction Records and Audit GC16 Suspension GC17 Termination GC18 Consequence of Expiry or Termination GC19 Provisions Surviving Termination GC20 Confidential Information of the Parties GC21 Patient Confidentiality, Data Protection, Freedom of Information and Transparency GC22 Intellectual Property GC23 NHS Identity, Marketing and Promotion GC24 Change in Control GC25 Warranties GC26 Prohibited Acts GC27 Conflicts of Interest and Transparency on Gifts and Hospitality GC28 Force Majeure GC29 Third Party Rights GC30 Entire Contract GC31 Severability GC32 Waiver GC33 Remedies GC36 Notices GC37 Costs and Expenses GC38 Counterparts GC39 Governing Law and Jurisdiction Definitions and Interpretation CONTRACT This Contract records the agreement between the Commissioners and the Provider and comprises the Particulars; the Service Conditions (Shorter Form); the General Conditions (Shorter Form), 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
SCHEDULE 4 – QUALITY REQUIREMENTS Operational Standards and National Quality Requirements Ref Operational Standards/National Quality Requirements Threshold Method of Measurement Consequence of breach Timing of application of consequence Applicable Service Category 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 Where the number of Service Users waiting for 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 CS D 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 Duty of candour Each failure to notify the Relevant Person of a suspected or actual Notifiable Safety Incident in accordance with 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
Regulation 20 of the 2014 Regulations Completion of a valid NHS Number field in mental health commissioning data sets submitted via SUS, as defined in Contract Technical Guidance 99% 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 Completion of Mental Health Services Data Set ethnicity coding for all detained and informal 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 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 E.H.4 Early Intervention in Psychosis programmes: the percentage of Service Users experiencing a first episode of psychosis or ARMS (at risk mental state) who wait less than two weeks to start a For the period 1 April 2017 to 31 March 2018, operating standard of 50%. From 1 April 2018, operating standard of 53% Review of Service Quality Performance Reports Issue of Contract Performance Notice and subsequent process in accordance with GC9 Quarterly MH
NICE-recommended package of care* E.H.1 Improving Access to Psychological Therapies (IAPT) programmes: the percentage of Service Users referred to an IAPT programme who wait six weeks or less from referral to entering a course of IAPT treatment* Operating standard of 75% Review of Service Quality Performance Reports Issue of Contract Performance Notice and subsequent process in accordance with GC9 Quarterly MH E.H.2 Improving Access to Psychological Therapies (IAPT) programmes: the percentage of Service Users referred to an IAPT programme who wait 18 weeks or less from referral to entering a course of IAPT treatment* Operating standard of 95% Review of Service Quality Performance Reports Issue of Contract Performance Notice and subsequent process in accordance with GC9 Quarterly MH In respect of the Operational Standards and National Quality Requirements shown in bold italics the provisions of SC36.27A apply. * as further described in Joint Technical Definitions for Performance and Activity 2017/18-2018/19, available at: SCHEDULE 4 – QUALITY REQUIREMENTS