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Published 28 September 2018
NHS Improvement ("NHSI") has issued a statement requesting that providers pause current plans to create new subsidiaries or make changes to existing subsidiaries.
What may constitute a "change" to an existing subsidiary is not clear, however, at this stage we would expect this to catch material changes, for example, extending the scope of services provided by a subsidiary to a Trust.
Any trusts who have advanced plans and who do not consider pausing plans to be a viable option due to the stage their project has reached should consider their next steps very carefully.
We are advising a number of clients in relation to the formation of wholly-owned subsidiaries and would be happy to discuss individual situations before a decision to pause or not pause is made and/or NHSI is contacted.
We are expecting NHSI to publish a consultation in October regarding a new regulatory approach in relation to the creation and management of subsidiaries, following which NHSI is expected to issue new guidance. We will be monitoring this position closely and will provide further information as it becomes available.
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