Clinical Outsourcing

With over 50% of Healthcare Providers now in deficit, and a £20bn Department of Health cost saving to achieve (against a deficit in 2014-15 H1 of £630m), it has never been more important to look at effective and cost-efficient ways of managing budgets.

Outsourcing clinical services to private healthcare providers is increasingly being seen by Clinical Commissioning Groups (CCGs) and NHS Trusts as a way to help balance high demand for services with a diminishing budget. However, Clinical Outsourcing is fraught with potential issues, which require careful navigation. 

What we do

In the first instance, we can offer strategic advice relating to your organisation’s drivers and objectives, including analysis of whether outsourcing is the best option for you.

If you do decide to go down the outsourcing route, we will consider how your organisation might best place itself to make the most of this opportunity and how we can help you navigate the legal issues involved.

In addition to ensuring that the contractual arrangements meet your specific needs and requirements, we can also provide advice concerning the governance and regulatory requirements that the organisation will need to assure itself are in place.

What we are known for

We are widely recognised as the leading strategic, commercial and regulatory legal advisors to the health and social care sector in the UK.

We have advised the NHS in England and Wales since 1948 and act for a wide range of NHS organisations and other public and independent sector healthcare providers and commissioners. We, therefore, know the landscape you work in and the political and financial pressures that you face.

Our clients cite our ability to provide creative solutions and practical advice as one of our major strengths. We also pride ourselves on that fact that our clients find us proactive, accessible and responsive to their needs.

Detailed elements of our services

We can then offer guidance on governance and regulatory issues you will need to assure yourself of when outsourcing clinical services, including:

• CQC registration;
• Creating and implementing robust governance arrangements;
• Confirming clear lines of liability in terms of legal claims and responsibility for dealing with complaints;
• Advice around Duty of Candour, including clarity on which definition of harm will apply to services provided by private companies;
• Developing an agreed set of reporting triggers to the Commissioner relating to patient safety and satisfaction;
• Review of the ability of your organisation to meet appropriate targets around the numbers of patients treated.