The Health & Social Care Act – then and now

The new legislation represents a curate’s egg for independent advisers – good in parts, but disappointing in many others. Four key themes emerge from our analysis of the amendments. The new licensing regime remains a building block to the creation of a fair playing field, but many questions remain over its implementation. The original proposals with respect to the promotion of competition have been diluted, with more emphasis on the benefits of integration, but the impact of competition law on the NHS can no longer be ignored. Hopes of a single failure regime for all providers have been dashed, and proposed licence conditions around continuity of services will require close scrutiny. The proposed commissioning structure has emerged relatively unscathed, but the scope for the independent sector to support commissioning remains unclear.