Health and Care Connect: Health Check - September 2024
Bringing together the latest updates and events to help you keep your finger on the pulse of current health and care issues in the independent sector.
Welcome to Health and Care Connects Autumn edition of Health Check, a sector-specific roundup giving you a snapshot of our latest updates, key dates for your diary and noteworthy developments affecting the independent health and care sector. This edition covers topical issues such as what the new procurement regulations for the PSR means for HealthTech companies, the Court of Appeal’s recent decision on mental capacity and “belief”, and how better financial and data management can improve resilience and support growth for care providers.
#PositivePurpose: Making a difference across business and society
At Browne Jacobson, our work places us at the forefront of society’s biggest issues. We are proud to work with clients who share our values and are making a difference.
#PositivePurpose showcases the inspiring initiatives of these clients and puts the spotlight on their fantastic work. From HealthTech to regeneration, each story we share will be an opportunity to hear directly from our clients about the meaningful work they are doing.
Strolll: HealthTech for rehabilitation
In this #PositivePurpose video, we collaborated with one of our HealthTech clients, Strolll. Strolll has created ground-breaking augmented reality (AR) technology, which helps Parkinson's disease patients regain independence by improving their strength and mobility. With Strolll's vision, this AR technology will also positively impact healthcare service providers and support patients with a wider range of neurological disorders.
Legal updates
Regulation HealthTech: What the Provider Selection Regime means for healthcare procurement
Clare Auty and Viney Jhalley explore what the new procurement regulations under the Provider Selection Regime means for HealthTech companies.
Court of Appeal finds there is no requirement for “belief” in the Mental Capacity Act functional test
Ed Pollard and Mark Barnett explain the Court of Appeal’s decision that there is no requirement for “belief” in the Mental Capacity Act functional test.
Better financial and data management can improve resilience and support growth for care providers
Browne Jacobson collaborated with the Social Care Foundation and Kent Finance on a white paper considering how better financial and data management can improve resilience and support for growth for care providers. Charlotte Harpin spoke with The Cover about this issue.
What does the right to switch off mean for employers?
Sarah Linden explores the government proposals for employees’ right to switch off and what this means for employers.
Implementing green leases: Enhancing sustainability in NHS properties
Julie Innes and Victoria Thourgood consider the Green Leases Framework published by NHSE England and how that may impact non NHS healthcare providers.
Care Home Management publication
Carl May-Smith wrote an article for Care Home Management publication on how moving from a reactive to proactive stance can help managers feel ready for their CQC inspection.
Later living
We know later living and welcome discussions on how we can support. We have published a guide on our work in the Later Living sector.
Bids from overseas supplier under the Procurement Act 2024
Jan Cumming explores the position in respect of bids from overseas suppliers under the Procurement Act 2024.
Shared Insights round-up: Summer 2024
Read our quarterly update of Shared Insights.
Dates for your diary
September – October 2024, online, Mock Inquest training sessions
17 September 2024, Understanding artificial intelligence
8 October 2024, online, Shared Insights: Learning the lessons from national inquiries
10 October 2024, Health and Care Autumn Breakfast briefing hosted by Browne Jacobson, Hazlewoods and Knight Frank
Independent health and care sector news
The Dash review
The Dash review has published its interim findings into its review of the CQC’s effectiveness. Read the CQC’s initial response.
A new government
The Department for Health and Social Care blog welcomes a new government and sets out what this means for adult social care.
Dementia Community
Dementia Community continues with coverage of a report by the Community Network, hosted by NHS Providers and NHS Confederation, which explores the role of community providers in supporting people with frailty (including those living with dementia) throughout the care pathway.
The report includes examples of good practice from around the country where people have been treated at or near to home. Recommendations include tackling workforce shortages in social care, and lifting the barriers to further integration between community providers, primary care and social care.
Digital Markets, Competition and Consumers Act 2024
The Digital Markets, Competition and Consumers Act 2024 received Royal Assent on 24 May 2024. Part 4 of the Act contains consumer protections from unfair trading and section 225 DMCCA 2024 will prohibit unfair commercial practices.
A “commercial practice” is an act or omission by a “trader” relating to the promotion or supply of (a) the trader’s product to a consumer, (b) another trader’s product to a consumer, or (c) a consumer’s product to the trader or another person. Sellers and landlords who deal with the sale or letting of property for business purposes to private individuals will be traders. A commercial practice is unfair if it is likely to cause the average consumer to take a transactional decision that the consumer would not have taken otherwise as a result of a misleading action or a misleading omission.
Section 226 deals with misleading actions and section 227 deals with misleading omissions. Part 4 will come into force once a commencement order is made by the Secretary of State (the Consumer Protection from Unfair Trading Regulations 2008 will continue to apply until then).
Transparency for machine learning-enabled medical devices: guiding principles
Medicines & Healthcare products Regulatory Agency has published guidance on Transparency for machine learning-enabled medical devices: guiding principles.
#BeingBrowneJacobson
Updates about our specialist health and care team
We are delighted to have been selected as a finalist for the Legal Advisor of the Year at the HealthInvestor Seniors Housing Awards.
Health and Care Connect
Health and Care Connect is our forum for operators, suppliers, investors and advisers in the independent health and care sector. Have you signed up yet?
Key contacts
Daisy May Coster-Hollis
Senior Associate
daisymay.coster-hollis@brownejacobson.com
+44 (0)330 045 2370
Clare Auty
Partner
clare.auty@brownejacobson.com
+44 (0)121 237 3943