The Provider Selection Regime: statutory guidance

The draft statutory guidance was published on 19 October 2023 to accompany the draft Health Care Services (Provider Selection Regime) Regulations 2023 that were also introduced into Parliament on 19 October 2023. The following updates have since been made to the final version of the statutory guidance:

• Applying the regime (direct award process B) – updated references to the amended National Health Service Commissioning Board and Clinical Commissioning Groups (Responsibilities and Standing Rules) Regulations 2012 in relation to patient choice requirements.
• Transparency  – clarified that ‘details of the individual/individuals making the decision’ may mean the name of a committee or job titles of individuals making the decision, as appropriate.
  
• Reviewing decisions during the standstill period – The draft statutory guidance and implementation materials used between October and December 2023 stated that the standstill period for reviewing decisions made under the PSR would begin on the working day following the publication of the intention to award a contract notice.
       o The standstill period of eight working days would then be counted from that point.
       o This final version of the statutory guidance clarifies that the regulations, as made into law, in fact mean that relevant authorities must begin the count of working days from the day after the day                that the relevant notice is published.
       o This means that the standstill period is longer than initially set out in the draft statutory guidance and implementation materials.
       o The statutory guidance and implementation materials published on 2 January 2024 now reflect this process.
  
• Reviewing decisions during the standstill period – further information has now also been set out about the Independent Patient Choice and Procurement Panel.
  Modification of contracts and framework agreements during their term – clarification to transparency requirements for permitted modifications and clarification to modifications not permitted under the PSR.

The final version of the statutory guidance can be found here.