Assura Hampshire Health
 LLP Agreement
Latest News

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

 

 

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.

© Assura Hampshire Health 2007