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Developments
Activity has continued apace over the summer to keep things moving
forward at Assura Hampshire Health. We are hopefully close to winning
our first contract to provide a service. This will be for flexible
sigmoidoscopies. This service is currently run by GPSIs Steve Colley and
David Knight., from Tadley Surgery or The Chase in Bordon. Local GPs are
familiar with the quality of service
that they provide and will be reassured to know that under the auspices
of Assura Hampshire Health the same clinicians will continue to provide
that service. The location may be different, and because we have the
opportunity to take a fresh look at how things are done, we can use the
the expertise and resources available to design a first-rate service for
patients. Current activity in this service is around
700 cases a year.
Premises
As everyone will know, Church Grange and Bramblys
Grange surgeries are finally escaping from their decrepit old premises
to sparkling new accommodation at Crown Heights. We wish them all the
best for their moves. One very important decision for the CMC at Assura
Hampshire Health concerns where our services will be provided from. A
sizeable clinical space is available at
Crown Heights which could be fitted out to our specification and which
would provide an identifying focal point for the organisation. The CMC
are looking very closely (and with professional advice) at the logistics
of taking the lease on this space. An alternative would be to rent space
as required. At least initially,
Health Service contracts would not fully occupy it so to rent may seem
attractive, but taking a lease would give us much more influence. The
possibility of doing this and perhaps subletting unused space is being
very carefully considered. Also the possibility of finding other
accommodation within the town is being investigated. If any LLP members
have views on this, do let us know.
Other work in progress
Assura Medical are continuing to help with important aspects of
commencing service provision such as policies and procedures which must
be formally stated and documented in order to ensure HCC compliance for
any new service. Also extensive modelling is being done for proposed
services to assess their viability. Assura are also providing some
training
for CMC members to help enhance the committee’s effectiveness.
The Assura Hampshire Health website is having the finishing touches
applied- this will be accessible by all LLP members and will provide up
to date information about our services.
A lot of discussion and negotiation is going on between the Foundation
Trust, the Practice Based Commissioners and ourselves over how to move
services forward. We are enthusiastic that in these changing and
challenging times for the Health Service, Assura Hampshire Health will
provide a mechanism that enables local clinicians to have a say in how
at least some aspects of Health Service care are delivered to their
patients.
Your feedback is important- do email a CMC member with any thoughts or
queries about |
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Assura Basingstoke and North Hampshire LLP Agreement
(Executive Summary)
Members and membership
Each practice is a member of the LLP. One partner in the practice signs the
agreement on behalf of all the others, and is registered at companies house as
the member. He or she is the nominated member but has the same rights and
obligations as everyone else in the practice.
Assura Medical Limited is also a member. Initially it has 50% of the LLP, and
the other 50% is shared between the practices. This may or may not change in the
future if other practices are admitted. The first practices to sign up will be
apportioned shares in ratio to their numbers of NHS patients.
It may be in the future that the CMC invites other bodies to become members of
the LLP – although clause 15 means that a new member can be vetoed if AM or 25%
of the members object.
Members’ duties are set out in clause 12 and are fairly self-explanatory.
Members meetings take place at least yearly and voting shall be in accordance
with shares. Assura has a blocking vote but cannot pass any motion without the
support of a majority of the other members.
Retirement and expulsion
Practices may retire from the LLP without financial penalty if they feel Assura
is injuring their reputation or if Assura becomes insolvent. If they retire for
any other reason, again they can do so without financial penalty as long as they
do not set up in competition with the LLP. If they do set up in competition they
would be liable for their share of any accrued losses. The LLP can also expel
members (again, without financial penalty to the member) if the member has acted
improperly (clause 21.1).
Assura’s membership of the LLP can be terminated if Assura is in fundamental
breach or goes insolvent. If this happens, the software and other licences
granted by AM to the LLP cease.
Financial
Assura will initially make a payment towards the LLP’s start up costs of £2 per
registered patient. If new practices join the LLP within 6 months of it
starting, Assura will make a payment in respect of their patients as well.
Assura will not expect this to be repaid unless there are sufficient funds in
the LLP if it were wound up.
In addition, Assura will provide further working capital to the LLP on the terms
of schedule 6 (it may well be that this facility is not actually needed).
Further, by clause 18.4, if the LLP becomes insolvent, Assura will cover the
losses. Practice members cannot be compelled to contribute capital unless 75% of
the practices agree to it.
At the end of each financial year, the LLP will be audited and any net profits
distributed in accordance with size of shares.
Provision of Services
Assura will provide an array of services which are set out in Schedule 7. The
levels to which these services will be provided are also listed. Payment for the
services will be made at the rate of 1% of the LLP’s turnover, unless the LLP
elects for the charge to be calculated differently. Certain additional services
are available on request, but the LLP is not obliged to take those services.
The management charge will be paid quarterly in arrears. Assura will calculate
the amount of the charge in each quarter, and the LLP will have an opportunity
to check the books and calculations and raise any objections before an invoice
is delivered.
One of the services provided by AM is the management of the LLP’s bank account.
However, practice members will be given all proper rights of scrutiny and all
transactions through the account will be agreed and authorised only by the CMC
Governance
The day to day running of the LLP will be conducted by a Clinical Management
Committee or CMC of 6 people. Assura will have one member on the CMC, and the
Business Manager (who is chosen by mutual consent) of the LLP will also sit on
it. The remaining 4 members are drawn from among the practice members and are
elected.
The CMC has authority to take various decisions about the day to day running of
the business on behalf of all the Members. The CMC is also responsible for the
clinical governance of work undertaken by providers on behalf of the LLP (advice
and guidance will be available from Assura on this).
IT and data protection
Assura will provide the necessary IT hardware and software to the LLP as part of
the services. Practices will be expected to install certain software on their
own IT systems to facilitate referrals to and from the LLP, and to enable
individual doctors to analyse patient data on a broader scale than is currently
possible. Installation of the software on practices’ systems is essential to the
successful running of the LLP. Software will be provided that is owned by Assura
and by third parties – Assura warrants that the software it owns itself will not
infringe anyone else’s rights, and if third parties’ software infringes anyone’s
rights Assura will look after any claims that may arise. The software is
confidential and is not to be used by practice members for anything other than
LLP business.
If Assura process personal data on behalf of the LLP or practices, they warrant
that they will do so in accordance with all the provisions of the data
protection act, the Caldicott protocol and all NHS standards. Likewise, the
practices warrant that they are complying with the Data Protection Act. The
practices indemnify the LLP and Assura if a breach by a practice in the handling
of patients’ personal data causes any loss to Assura.
Intellectual Property
The guiding principle is that (as clause 28.2 set out) the party who owns or
creates any IP keeps it. |