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The Care Act and Social Care Markets

The Care Act and Social Care Markets. June 2014. Summary of regulations and guidance. Market oversight & provider failure Sections 48 - 56. Market shaping Section 5. Act introduces number of reforms concerned with adult social care markets

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The Care Act and Social Care Markets

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  1. The Care Act and Social Care Markets June 2014

  2. Summary of regulations and guidance Market oversight & provider failure Sections 48 - 56 Market shaping Section 5 • Act introduces number of reforms concerned with adult social care markets • Consulting on three draft packages of regulations and two packages of statutory guidance in particular. Definitions of business failure Group companies Entry criteria The Care Act Market shaping and commissioning LA action on provider failure Regulations Guidance The Care Act: adult social care markets

  3. Market shaping and commissioning Local authority Market Duty on local authorities to promote a sustainable, diverse and vibrant market for care and support that delivers high quality services for all local people. • Focusing on outcomes and promoting wellbeing • Promoting choice to drive quality • Supporting sustainability • Working with partners and people who use care/carers • Approaches to market intelligence and facilitation • Importance of workforce development and pay • Securing quality and outcomes through contracting Market Market Market High Quality Services High Quality Services ALL LOCAL PEOPLE The Care Act: market shaping

  4. Continuity of care when a provider fails Local authorities manage small scale provider failure effectively, and that most exits from the market are handled responsibly by providers. Duty to step in to ensure that no vulnerable person is left without the care they need if their service closes because of business failure. • Emphasis on contingency planning. • Relationship with new CQC regime for certain providers. • Determining the most appropriate support for the person. The Care Act: provider failure

  5. CQC oversight of ‘ difficult to replace’ providers Southern Cross demonstrated potential effect of a large provider failing financially. CQC to begin monitoring the financial sustainability of those 50-60 providers local authoritieswould find difficult to replace were they to fail from April 2015. Aim is ensuring continuity of care and early warning, not propping up failing providers. CQC will engage with stakeholders to develop its operating procedures for the new regime. Consultation on CQC’s proposed approach in autumn 2014. • Regulations specify which “difficult to replace” providers are included – the entry criteria • Requirement for CQC to assess financial sustainability – regulations allow CQC to look at finances of organisations in providers group to assess sustainability • Powers for CQC to require contingency plans, or an independent business review • Requirement to inform local authorities when failure is imminent for a provider in CQC regime, and to support local planning. The Care Act: Market Oversight

  6. Consultation Questions The Care Act: Market Oversight

  7. Developing Care Markets for Quality and Choice DH has funded the Developing Care Markets for Quality and Choice (DCMQC) programme, delivered through the Institute for Public Care. More information available at: http://ipc.brookes.ac.uk/dcmqc.html Support available to local authorities to develop capacity to shape local markets through: Market intelligence Market structuring Market interventions The Care Act: reforming care and support

  8. Developing Care Markets for Quality and Choice – outcomes… • 126 local authorities have either published or are about to publish a Market Position Statement (MPS) • Facilitated provider engagement events • A better understanding of self-funder market through development of a toolkit for estimating self-funder use of home care services • Identification of potential future implementation support programmes The Care Act: reforming care and support

  9. Commissioning Standards • DH funded; ADASS/LGA led through Think Local Act Personal group • Delivery by Birmingham University Health Services Management Centre • Co-production with local government & sector • Set of standards to be used as part of sector-led improvement process led by LGA • Aim of understanding and spreading best practice for local government commissioning of social care • Standards will be tested with local authorities later in the year; final delivery by end of 2014. The Care Act: reforming care and support

  10. Further work on implementation • Beyond Developing Care Markets for Quality & Choice and Commissioning for better outcomes project… what support would be helpful? The Care Act: reforming care and support

  11. The Care Act and Social Care Markets Dean.Morgan@DH.GSI.GOV.UK Stephen.Airey@DH.GSI.GOV.UK June 2014

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