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The Care Act and Social Care Markets

This comprehensive guide covers The Care Act of July 2014 reforms, focusing on adult social care market regulations and guidance. It discusses market shaping, commissioning standards, managing provider failure, and more. Learn about the dual focus on quality service growth and protection for service users.

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The Care Act and Social Care Markets

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  1. The Care Act and Social Care Markets July 2014

  2. Summary of regulations and guidance The Act introduces number of reforms concerned with the adult social care market. Dual focus on promoting and facilitating the growth of a market of quality services, and providing protections for people should their provider fail financially – including a new function for CQC. Provider failure Sections 48-52 Market shaping Section 5 Market oversight Sections 53-57 Definitions of business failure Entry criteria Group company info. The Care Act Market shaping and commissioning Managing provider failure Regulations Guidance The Care Act: reforming care and support

  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. 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

  5. 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

  6. 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

  7. 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

  8. 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

  9. Consultation Questions The Care Act: Market Oversight

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