GC27 Conflicts of Interest and Transparency on and Hospitality 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 and Expenses GC38 Counterparts GC39 Governing Law and Jurisdiction CONTRACT This Contract records the agreement between the Commissioners and the Provider and comprises these Particulars; the Service Conditions (Full Length); the General Conditions (Full Length), 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 [INSERT AUTHORISED SIGNATORY’S NAME] for and on behalf of [INSERT COMMISSIONER NAME] ………………………………………………………. Title ………………………………………………………. Date [INSERT AS ABOVE FOR EACH COMMISSIONER] SIGNED by ………………………………………………………. Signature [INSERT AUTHORISED SIGNATORY’S NAME] for and on behalf of [INSERT PROVIDER NAME] ………………………………………………………. Title ………………………………………………………. Date
SCHEDULE 2 – THE SERVICES Activity Planning Assumptions Insert text locally in respect of one or more Contract Years, or state Not Applicable SCHEDULE 2 – THE SERVICES Essential Services (NHS Trusts only) Insert text locally or state Not Applicable SCHEDULE 2 – THE SERVICES Essential Services Continuity Plan (NHS Trusts only) Insert text locally or state Not Applicable SCHEDULE 2 – THE SERVICES
SCHEDULE 3 – PAYMENT Emergency Re-admissions Within 30 Days: Agreed Threshold In line with the requirements set out in the National Tariff, insert text and/or attach spreadsheets or documents locally – or state Not Applicable SCHEDULE 3 – PAYMENT Expected Annual Contract Values Commissioner Expected Annual Contract Value (include separate values for each of one or more Contract Years, as required) (Exclude any expected CQUIN payments. CQUIN on account payments are set out separately in Table 2 of Schedule 4D, as required under SC38.3.) Insert text and/or attach spreadsheets or documents locally Total SCHEDULE 3 – PAYMENT Timing and Amounts of Payments in and/or Final Contract Year
SCHEDULE 4 – QUALITY REQUIREMENTS Operational Standards Ref Operational Standards Threshold Method of Measurement Consequence of breach Timing of application of consequence Application RTT waiting 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 Where 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 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 - 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 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 Quarterly A CR R
initially suspected) waiting no more than two weeks for first outpatient appointment* exceeds 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 Users 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 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 Quarterly A CR R
an anti-cancer drug regimen* threshold, £1,000 in respect of each such 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 waits – 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 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 Quarterly A CR R
first definitive treatment for all cancers* the threshold, £1,000 in respect of each such Service User above that threshold Ambulance Service Response Times (With effect from 1 April 2018) Category 1 calls – percentage of calls resulting in a response arriving within 15 minutes ** Operating standard that 90th centile is no greater than 15 minutes Review of Service Quality Performance Reports Issue of a Contract Performance Notice and subsequent process in accordance with GC9 Quarterly AM (With effect from 1 April 2018) Category 1 calls – mean time taken for a response to arrive ** Mean is no greater than 7 minutes Review of Service Quality Performance Reports Issue of a Contract Performance Notice and subsequent process in accordance with GC9 Quarterly AM (With effect from 1 2018) Category 2 (emergency) calls – percentage of calls resulting in an appropriate response arriving within 40 minutes ** Operating standard that 90th centile is no greater than 40 minutes Review of Service Quality Performance Reports Issue of a Contract Performance Notice and subsequent process in accordance with GC9 Quarterly AM (With effect from 1 April 2018) Category 2 (emergency) calls – mean time taken for an appropriate response to arrive ** Mean is no greater than 18 minutes Review of Service Quality Performance Reports of a Contract Performance Notice and subsequent process in accordance with GC9 Quarterly AM
(With effect from 1 April 2018) Category 3 (urgent) calls – percentage of calls resulting in an appropriate response arriving within 120 minutes ** Operating standard that 90th centile is no greater than 120 minutes Review of Service Quality Performance Reports Issue of a Contract Performance Notice and subsequent process in accordance with GC9 Quarterly AM (With effect from 1 April 2018) Category 4 “assess, treat, transport” calls only) – percentage of calls resulting in an appropriate response arriving within 180 minutes ** Operating standard that 90th centile is no greater than 180 minutes Review of Service Quality Performance Reports Issue of a Contract Performance Notice and subsequent process in accordance with GC9 Quarterly 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 who have operations cancelled, on or after the day of admission (including the day of surgery), for reasons to be offered another binding Number of Service who are not offered another binding date Review of Service Quality Performance Reports Non-payment of associated with cancellation and non- payment or reimbursement (as applicable) of re-scheduled episode of care Monthly A CR clinical
date within 28 days, or the Service User’s treatment to be funded at the time and hospital of the Service User’s choice* within 28 days >0 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 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 In respect of those Operational Standards shown in bold italics, the provisions of SC36.37A apply. * as further described in Joint Technical Definitions for Performance and Activity 2017/18-2018/19, available at: ** as further described in Ambulance System Indicators, available at SCHEDULE 4 – QUALITY REQUIREMENTS National Quality Requirements National Quality Requirement Threshold Method of Measurement Consequence of breach Timing of application of consequence Application
E.A.S.4 Zero tolerance Staphylococcus aureus* >0 Review of Service Quality Performance Reports £10,000 in respect of each incidence in the relevant Monthly A E.A.S.5 Minimise rates of Clostridium difficile* [Insert baseline threshold identified for Provider: see Schedule 4F] Review of Service Quality Performance Reports As set out in Schedule 4F, in accordance with applicable Guidance Annual A E.B.S.4 Zero tolerance RTT waits over 52 weeks for incomplete pathways* >0 Review of Service Quality Performance Reports £5,000 per Service User with an incomplete RTT pathway waiting over 52 weeks at the end of the relevant month Monthly Services to 18 Weeks applies E.B.S.7a All handovers between ambulance and A&E must take place within 15 minutes with none waiting more than 30 minutes* >0 Review of Service Quality Performance Reports £200 per Service User waiting over 30 minutes in the relevant month Monthly A+E E.B.S.7b All handovers between ambulance and A&E must take 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 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 >0 Review of Service Quality Performance Reports £20 per event where > 30 minutes in the relevant month Monthly AM
15 minutes and no longer than 30 minutes* 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 undergoing risk assessment for VTE, as defined in Contract Technical Guidance 95% Review of Service Quality Performance Reports Issue of Contract Performance Notice and subsequent process in accordance with GC9 Quarterly A Duty of candour Each failure to notify the Relevant Person of a suspected or actual Notifiable Safety Incident in accordance with Regulation 20 of 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
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 NICE-recommended package of care* 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 MHSS 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 MHSS 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 Operating standard of 95% Review of Service Quality Performance Reports Issue of Contract Performance Notice and subsequent process in accordance with GC9 Quarterly MH MHSS
a course of IAPT treatment* Full implementation of an effective system for chemotherapy across all relevant teams within the Provider (other than those dealing with children, teenagers and young adults) across all tumour sites Failure 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 Value for the Services provided under Service Specification B15/S/a (Cancer: Chemotherapy (Adult) per month, until full implementation is achieved Monthly Where both Specialised Services and Cancer apply Full implementation of an effective system for chemotherapy across all relevant clinical teams within the Provider dealing with children, teenagers and young adults across all tumour sites Failure to achieve full implementation as described under Service Specification B15/S/b Cancer: Chemotherapy (Children, Teenagers and Young Adults) by 30 September 2017 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 full implementation is achieved Monthly Where both Specialised Services and Cancer apply In respect of the National Quality Requirements shown in bold italics the provisions of SC36.37A apply.
* as further described in Technical Definitions for Performance and Activity 2017/18-2018/19, available at: SCHEDULE 4 – QUALITY REQUIREMENTS Local 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 in respect of one or more Contract
SCHEDULE 6 – CONTRACT MANAGEMENT, REPORTING AND INFORMATION REQUIREMENTS Reporting Requirements Reporting Period Format of Report Timing and Method for delivery of Report Application National Requirements Reported Centrally As specified in the list of omnibus, secure electronic file transfer data collections and BAAS schedule of approved collections published on the NHS Digital website to be found at where mandated for and as applicable to the Provider and the Services As set out in relevant Guidance As set out in relevant Guidance As set out in relevant Guidance All Patient Reported Outcome Measures (PROMS) As set out in relevant Guidance As set out in relevant Guidance As set out in relevant Guidance All National Requirements Reported Locally Activity and Finance Report (note that, if appropriately designed, this report may also as the reconciliation account to be sent by the Provider by the First Reconciliation Date under SC36.28, or under SC36.31) Monthly [For local agreement] By no later than the First Reconciliation Date for the month to which it relates, consistent with data submitted to SUS, where applicable All Service Quality Performance Report, detailing performance against Operational Standards, National Quality Requirements, Local Quality Requirements, Never Events and the duty of candour, including, without limitation: details of any thresholds that have been breached and any Never Events and breaches in respect of the duty of candour that have occurred; details of all requirements satisfied; details of, and reasons for, any failure to meet requirements; the outcome of all Root Cause Analyses and audits performed pursuant to SC22 (Venous Thromboembolism); report on performance against the HCAI Reduction Plan Monthly [For local agreement] Within 15 Operational Days of the end of the to which it relates. All All All A A
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 agreement] [For agreement] [For local agreement] All NHS Safety Thermometer Report, detailing and analysing: data collected in relation to each relevant NHS Safety Thermometer; trends and progress; actions to be to improve performance. [Monthly, or as agreed locally] [For agreement], according to published NHS Safety Thermometer reporting routes [For agreement], according to published NHS Safety Thermometer reporting routes All (not AM, CS, D, 111, PT, U) Complaints monitoring report, setting out numbers of complaints received and including analysis of key themes in content of complaints [For local agreement] [For local agreement] [For local agreement] All 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 All Cancer Registration dataset reporting (ISN): report on staging data in accordance with Guidance As set out in relevant Guidance As set out in relevant Guidance As set out in relevant Guidance CR R Summary report of all incidents requiring reporting Monthly [For local agreement] [For agreement] All Data Quality Improvement Plan: report of progress against milestones In accordance with relevant DQIP In accordance with relevant DQIP In accordance with relevant DQIP All Report and provide monthly data and detailed information relating to violence-related injury resulting in treatment being sought from Staff in A&E departments, urgent care and walk-in centres to the local community safety partnership and the relevant police force, in accordance with applicable Guidance (Information Sharing to Tackle Violence (ISTV)) Initial Standard Specification Monthly As set out in relevant Guidance As set out in relevant Guidance A A+E U Report on outcome of reviews and evaluations in relation to numbers and skill mix in accordance with GC5.2 (Staff) Six monthly (or more frequently if and as required by the Commissioner from time to time) [For local agreement] [For local agreement] All Report on compliance with the National Annually [For agreement] [For local agreement] All