28 March 2012English Institute of Sport, Sheffield
PROPERTY
Maximise your premises to boost          surgery income and enhance              patient experience…                    Ja...
GP Surveyors: UK’s leading Chartered Surveyors for GP Surgeries Our primary aim is to gain financial benefits for doctor...
… AND ensure                   essential standards                   of premises quality                        and safety...
Bowman Riley Healthcare team have over 16 years experience in the             healthcare sector providing specialist archi...
The Changing Environment  • CQC Essential Standards  • Health & Social Care Bill  • NHS:  Patient choice & experience    ...
Care Quality CommissionBackground   independent regulator of all health and social care services in England    set up in ...
Care Quality CommissionReality   Economy   The Health and Social Care Bill   Over 60% of premises will not meet the sta...
Care Quality CommissionOutcome 10 - Safety and Suitability of PremisesWhat do the regulations say?15.—(1) The registered p...
Care Quality CommissionOutcome 10 - Safety and Suitability of PremisesWhat should people experience?Safe, accessible surro...
How are Surgeries funded?• Premises Reimbursement     • NHS Premises Costs Directions 2004         Notional Rent        ...
Maximising Surgery Income    • Notional Rent         Premises Improvement         Patient Experience         Value / In...
Can your premises work harder?        Pharmacy “Implantation”        New Development        Internal Re-Development    ...
Pharmacies             [Cornwall]
[Blackwell]
[Leeds]
Development
NewDevelopment  [Sheffield]                [Sheffield]
[Sheffield]
Re-Development[Uttoxeter]
[Bath]
[Colchester]
[Kent]         [Before] [After]
Extension[Newcastle]
First StepsThe Journey!Step 1 - How to meet the CQC Requirements?Commission a 6 Facet SurveyAppraises with regard to fitne...
Example
Feasibility Study / Business Plan                         All development                          work requires          ...
First StepsThe Journey!Step 2 - How to meet the CQC Requirements?Business Case and Feasibility Study Develop a robust bus...
Letting out surplus space     Sports injury specialists     Opticians     Eye clinics            Always seek advice    ...
Asset Management• Proactive Management• Maintenance  – Program of Planned Maintenance (PPMs)  – Defect Diagnosis and Costi...
Maximising PremisesThe Journey!Refurbishing Existing Premises Why? Compliance with CQC and statutory regulations       ...
RefurbishmentExample
Maximising PremisesThe Journey!Extend Existing Premises Why? Site Constraints Like your existing location Potential Ad...
Extension Example
Maximising PremisesThe Journey!New Build Meets all the requirements of the CQC and future proofed Find a Site in the rig...
New Build ExampleImages courtesy of The Ridge Medical Practice
ProcurementThe Journey! Appoint a Professional Team       Architect       Quantity Surveyor        Mechanical Consulta...
SummaryIs doing nothing an option?Appoint experienced healthcare professional at an early stage
Remember!•   Notional Rent or Cost Rent?•   When was your last review?•   PREM1 Forms!•   PCT Approval•   Business Plan•  ...
For additional information and free advice contact:                   GP Surveyors    0845 143 0019 / info@gpsurveyors.co....
PEOPLE
People Management and CQC         Ruth Ingman      ruth@utilios.co.uk
In Context•   It will happen ...   February start planning•   July 2012            Registration opens•   September 2012   ...
CQC Compliance• This is not   – A box ticking exercise• This is   – Embedding processes within your practice   – Seeing or...
CQC Outcomes• Outcome 12 Regulation 21• Outcome 13 Regulation 22• Outcome 14 Regulation 23
What do you need?• Contracts and Staff Handbook• Documented Processes and Procedures  – Recruitment Procedure  – Induction...
People Management and CQC         Ruth Ingman      ruth@utilios.co.uk
PLACE
NCSEM - SheffieldTransforming Sheffield into The    City of Physical Activity
Vision To be recognised as the City that created a     Culture of Physical Activity within itscommunities, workplaces and ...
Mission     Through a unified and city wide approach we will          support evidence based initiatives that;•   seek to ...
Measures of success• To bring benefit socially & economically we are aiming  for:      • 1% stepped change in physical act...
Modest - Invest to save• If the average risk factors across Sheffield  were reduced by 2% - 3% over five years this  could...
Optimistic - Invest to save• If the average risk factors across Sheffield  were reduced by 5% - 6% over five years this  c...
Three Interconnected Themes    Physical              Workforce                Sporting    Activity              Wellness  ...
Physical Activity• Promotion of ‘physical activity’ at an individual,  group, community and population level in a wide  ra...
Physical Activity• Guided by current literature, there will be a particular  emphasis on;      • developing an environment...
Workforce Wellness•   Harnessing workplaces in the promotion of healthy living at    an individual, group, community and p...
Sporting Economy•   The development of a sporting economy in Sheffield    through the NCESEM and associated projects•   Un...
Sporting Economy         • How can the NCESEM help create a reputation for           Sheffield as an international City of...
What does NCSEM mean for you and for Joe?                     • A physical activity                       solution for She...
Thank you for Listening     Dr Robert Copeland C.Psychol     Principal Research Fellow       r.j.copeland@shu.ac.uk       ...
Paul HudsonEnglish Institute of Sport - Sheffield
Coffee Break
POUNDS
Lloyds TSB HealthCare “GP Led – Surgery Developments -How to Fund a Medical Development         – the right way!”Sheffield...
Lloyds TSB HealthCare•OPENFORBUSINESS
Lloyds Banking Group Healthcare                                                       Yorkshire Area                      ...
Completed and Work in Progress Projects in Last Two Years•   South Yorkshire – 3 New Surgery Developments•   South Yorkshi...
Healthcare Index Wave 2 - All Sectors       In the future would you like to be involved in premises       ownership?      ...
Surgery Developments – Why Ownership                   •   Do you own your own house?                   •   Do you have a ...
Surgery Developments – the starting point …What stage has been reached???                                 •   Do you own t...
Surgery Developments – the starting point …Gaining an understanding                           •   Has Notional Rent been a...
Surgery Developments – the next steps …Funding commitment   • Agreement in Principle – issue of                         In...
Surgery Developments – the next steps …Specialist Team                     • Architect / Project Manager                  ...
Surgery Developments – the next steps …Moving through the project                             •   Protecting your Risk:-  ...
Surgery Developments – summary checklist ………….                       •   Buy or Rent?                       •   Who is goi...
Surgery Developments – the next steps…Thanks for listening – any questions???????               Graham Scott ACIB         ...
POLICY
GP Hot TopicsLegal Issues in Primary Care Michelle Hayward and Mark Serby
Significant Change• Registration of Primary Care providers with CQC – 1 April 2013• Industrial action re pension changes• ...
Outline• The importance of Partnership Agreements• Retirement• Some CQC issues• New developments applicable to Primary Car...
The Importance of Partnership Agreements   CQC impact: A partnership is a practice that has “arrangements in place    for ...
The consequences of not having an express Partnership Agreement:   The Partnership Act 1890 applies   Dissolution• S26 - a...
Expulsion:• S25 - the partnership has no ability to expel under Partnership Act 1890• Must have express provision to expel...
Death and Bankruptcy• S33 – death and bankruptcy dissolve the entire partnership• PCT has the ability to terminate (for GM...
Legal/Practical Issues on Retirement• How many months’ notice?• That death/retirement of 1 partner does not dissolve the p...
CQC Issues - Timetable• Online registration – July 2012• Application submission – from September 2012• Practices pick 28 d...
Outcome 10 – safety and suitability at premises• Where will financial assistance come from if non-compliant?• Pulse forese...
Employment Law Reform• Increase the minimum qualification period for an unfair dismissal claim from one year to two• Intro...
Employment Law Reform• Oblige all Claimants to submit their claim to ACAS before it can be taken to tribunal,  in order to...
Legal/Case Update• RCN limit nurses indemnity cover in general practice;• Fixed share partners• Tiffin v Lester Aldridge –...
Legal Issues in Primary Care    Michelle Hayward & Mark Serby        Partners at Wake Smith LLP                          0...
Ask the Experts: Michelle Hayward – Wake Smith LLP     Graham Scott – Lloyds TSB         Ruth Ingman - UtiliosMark Dean – ...
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GP Hot Topics Presentation

  1. 1. 28 March 2012English Institute of Sport, Sheffield
  2. 2. PROPERTY
  3. 3. Maximise your premises to boost surgery income and enhance patient experience… James Williams BSc (Hons) MRICS Principal Surveyor RICS Registered ValuerRegulated by RICS T: 0845 143 0019 I E: info@gpsurveyors.co.uk I W: www.gpsurveyors.co.uk I
  4. 4. GP Surveyors: UK’s leading Chartered Surveyors for GP Surgeries Our primary aim is to gain financial benefits for doctors Worked with over 1,900 surgeries nationwide Notional rent reviews, market valuations, developments, pharmacies, sale & leaseback RICS registered "Before being contacted by GP Surveyors we were not aware of this service being available. The service was extremely efficient and you won us an upward valuation to boot!" Kathy Shipp, Maidstone Road Surgery, Chatham
  5. 5. … AND ensure essential standards of premises quality and safety Mark Dean - Director MCIAT mark.dean@bowmanriley.com| t 0113 3917570 | f 0113 3917571 | Leeds + Skipton + Delhi Toronto Square · Toronto Street · Leeds · LS1 2HJ
  6. 6. Bowman Riley Healthcare team have over 16 years experience in the healthcare sector providing specialist architectural design services . We deliver comprehensive packages of design, architectural and project management to the healthcare sector for GP Practices, NHS Trusts, Framework Partners, Contractors, Developers and Aged Care providers architectural design master-planning interior design listed building and conservation work ADB 3D Room Generation BIM Modeling project management health facility co-ordination 6 Facet Surveys| t 0113 3917570 | f 0113 3917571 | Leeds + Skipton + Delhi Toronto Square · Toronto Street · Leeds · LS1 2HJ
  7. 7. The Changing Environment • CQC Essential Standards • Health & Social Care Bill • NHS:  Patient choice & experience  Service enhancement & diversification  Greater space requirements  Quality of premises
  8. 8. Care Quality CommissionBackground  independent regulator of all health and social care services in England set up in 2009.  care provided meets government standards of quality and safety (GP’s April 2013) Standards  treating people with dignity and respect.  making sure food and drink meets people’s needs.  making sure that the environment is clean and safe.  managing and staffing services Enforcement  Issue fines, warning, stop admissions, suspend or cancel services  Insist on improvements and check they have been made
  9. 9. Care Quality CommissionReality  Economy  The Health and Social Care Bill  Over 60% of premises will not meet the standards  CQC Registration by April 2013  CQC to inspect 10% of practices from April 2013  Premises not fit for purpose
  10. 10. Care Quality CommissionOutcome 10 - Safety and Suitability of PremisesWhat do the regulations say?15.—(1) The registered person must ensure thatservice users and others having access to premiseswhere a regulated activity is carried onare protected against the risks associated with unsafeor unsuitable premises, suitable design and layout; appropriate measures in relation to the security of the premises; adequate maintenance and, where applicable, the proper— operation of the premises, and use of any surrounding grounds, which are owned or occupied by the service provider in connection with the carrying on of the regulated activity.
  11. 11. Care Quality CommissionOutcome 10 - Safety and Suitability of PremisesWhat should people experience?Safe, accessible surroundings that promote wellbeing the design and layout of the premises being suitable for carrying out the regulated activity appropriate measures being in place to ensure the security of the premises; the premises and any grounds being adequately maintained compliance with any legal requirements relating to the premisesTake account of any relevant design, technical and operational standards andmanage all risks in relation to the premises. Are premises fit for purpose!
  12. 12. How are Surgeries funded?• Premises Reimbursement • NHS Premises Costs Directions 2004  Notional Rent  Cost Rent
  13. 13. Maximising Surgery Income • Notional Rent  Premises Improvement  Patient Experience  Value / Income Stream Enhancement  Capital Value • PCT Funding – ‘NHS Capital’ (Abatements!)
  14. 14. Can your premises work harder?  Pharmacy “Implantation”  New Development  Internal Re-Development  Extension  Letting Out Surplus Space
  15. 15. Pharmacies [Cornwall]
  16. 16. [Blackwell]
  17. 17. [Leeds]
  18. 18. Development
  19. 19. NewDevelopment [Sheffield] [Sheffield]
  20. 20. [Sheffield]
  21. 21. Re-Development[Uttoxeter]
  22. 22. [Bath]
  23. 23. [Colchester]
  24. 24. [Kent] [Before] [After]
  25. 25. Extension[Newcastle]
  26. 26. First StepsThe Journey!Step 1 - How to meet the CQC Requirements?Commission a 6 Facet SurveyAppraises with regard to fitness for purpose for health care buildings in terms of use,condition and compliance. The six facets are assessed and ranked are: physical condition;  fire, health and safety requirements; Mechanical and electrical - Legionella Statutory legislation Structural Buildings internal and external fabric - DDA, Accessibility &HTM’s  environmental management; functional suitability; Energy performance i.e EPC ratings Internal space relationships Support facilities and location space utilisation; How well space is been used i.e empty, Infection Control generally used, overcrowded quality; Amenity i.e. facility, pleasantness etc. Accessibility Comfort Engineering Design – DDA and Accessibility, Infection Control
  27. 27. Example
  28. 28. Feasibility Study / Business Plan All development work requires PCT approval!
  29. 29. First StepsThe Journey!Step 2 - How to meet the CQC Requirements?Business Case and Feasibility Study Develop a robust business case Issues highlighted by the 6 facet survey Service led Look at the asset you hold What do your require? What are the benefits? How much will it cost? Additional services Feasibility Study Identify potential sites Initial Proposals: Plans Land Take Budget Cost Potential increased income
  30. 30. Letting out surplus space Sports injury specialists Opticians Eye clinics Always seek advice Chiropodists on usage and terms! Dentists Masseuse Physiotherapists Counselling services
  31. 31. Asset Management• Proactive Management• Maintenance – Program of Planned Maintenance (PPMs) – Defect Diagnosis and Costings• Budgetary planning – Prevent a small cost spiralling into a major financial liability!
  32. 32. Maximising PremisesThe Journey!Refurbishing Existing Premises Why? Compliance with CQC and statutory regulations  Infection Control  Accessibility  Comply with current HTM’s  Internal Environment  Functionality – Better use of Space  Potential Additional Services  Energy Efficiency and Savings  Improvement Grants/Rent Reimbursement?  Self-Funding?  Professional Team to Oversee Project  Phased Works
  33. 33. RefurbishmentExample
  34. 34. Maximising PremisesThe Journey!Extend Existing Premises Why? Site Constraints Like your existing location Potential Additional Services Pharmacy, Dentist Collaboration Improvement Grants/Rent Reimbursement? Self-Funding? Appoint a Professional Team
  35. 35. Extension Example
  36. 36. Maximising PremisesThe Journey!New Build Meets all the requirements of the CQC and future proofed Find a Site in the right location? Size of premises Additional Services can be incorporated Local Authority Dentists NHS Services Physiotherapy Collaboration/Mergers Efficiency Savings on space Funding Capital Cost – Bank, Investor 3PD Joint Ventures Appoint a Professional Team
  37. 37. New Build ExampleImages courtesy of The Ridge Medical Practice
  38. 38. ProcurementThe Journey! Appoint a Professional Team  Architect  Quantity Surveyor  Mechanical Consultant  Electrical Consultant  Structural Engineer  CDM-Coordinator  Other specialists  Statutory Approvals  Type of Contract  Appoint a Professional Team
  39. 39. SummaryIs doing nothing an option?Appoint experienced healthcare professional at an early stage
  40. 40. Remember!• Notional Rent or Cost Rent?• When was your last review?• PREM1 Forms!• PCT Approval• Business Plan• Patient Experience• Seek Advice!
  41. 41. For additional information and free advice contact: GP Surveyors 0845 143 0019 / info@gpsurveyors.co.uk www.gpsurveyors.co.uk & Bowman Riley Healthcare Architects 0113 391 7570 / mark.dean@bowmanriley.com www.bowmanriley.com
  42. 42. PEOPLE
  43. 43. People Management and CQC Ruth Ingman ruth@utilios.co.uk
  44. 44. In Context• It will happen ... February start planning• July 2012 Registration opens• September 2012 Assessment begins• April 2013 Registration complete• Time• Money• Responsibility
  45. 45. CQC Compliance• This is not – A box ticking exercise• This is – Embedding processes within your practice – Seeing organisational change – Demonstrating compliance – “Prove It”• This is not – As scary as you thought – probably!
  46. 46. CQC Outcomes• Outcome 12 Regulation 21• Outcome 13 Regulation 22• Outcome 14 Regulation 23
  47. 47. What do you need?• Contracts and Staff Handbook• Documented Processes and Procedures – Recruitment Procedure – Induction Process – Performance Management System – Discipline, Grievance and Appeal Processes• Archive Appropriate Documentation• Sound Communication Protocols
  48. 48. People Management and CQC Ruth Ingman ruth@utilios.co.uk
  49. 49. PLACE
  50. 50. NCSEM - SheffieldTransforming Sheffield into The City of Physical Activity
  51. 51. Vision To be recognised as the City that created a Culture of Physical Activity within itscommunities, workplaces and people through the Legacy of London 2012 Olympic and Paralympic Games.
  52. 52. Mission Through a unified and city wide approach we will support evidence based initiatives that;• seek to reduce the burden of disease across the City,• promote economic growth through a sports culture,• improve the health and productivity of the Citys workforce and• facilitate more active lifestyles for the population of Sheffield as a whole.
  53. 53. Measures of success• To bring benefit socially & economically we are aiming for: • 1% stepped change in physical activity at a population level year on year • 15% Reduction in back pain related absenteeism in 5 years • 15% reduction in back pain referrals in 5 years • 2-3% reduction in CVD risk factors at population level over 5 years• These changes are challenging but evidence based• Represent a significant attempt at a cross population implementation project.
  54. 54. Modest - Invest to save• If the average risk factors across Sheffield were reduced by 2% - 3% over five years this could: • reduce annual admissions by up to 1,235 per year, • prevent up to 426 premature deaths per year and • save up to £3.7 million per year on acute hospital costs alone • Non-recurrent cumulative savings over the five year period could be as high as £11.2 million. Based on Whitfield et al., 2008
  55. 55. Optimistic - Invest to save• If the average risk factors across Sheffield were reduced by 5% - 6% over five years this could: • reduce annual admissions by up to 1,984 per year, • prevent up to 640 premature deaths per year and • save up to £5.9 million per year on acute hospital costs alone • Non-recurrent cumulative savings over the five year period could be as high as £17.7 million. Based on Whitfield et al., 2008
  56. 56. Three Interconnected Themes Physical Workforce Sporting Activity Wellness Economy• Ecological model of physical activity• Provide targeted and universal support• Focus on Musculoskeletal (MSK) conditions & mental health• A whole city approach to establishing legacy• Connected through one brand, one message.
  57. 57. Physical Activity• Promotion of ‘physical activity’ at an individual, group, community and population level in a wide range of settings across the City• This bespoke physical activity comprises two forms: – ‘primary prevention’, increasing physical activity in people with no health restrictions to activity – ‘secondary prevention’, tailored physical activity for people with some health restrictions to activity.
  58. 58. Physical Activity• Guided by current literature, there will be a particular emphasis on; • developing an environmental infrastructure that facilitates physical activity • challenging and changing the culture around physical activity/inactivity • promoting physical activity among disadvantaged groups who may not have access to activity/sport or sport and activity-related facilities.• The process of delivering a physical activity legacy is not one of investing solely and immediately in interventions• Pilot programmes and allow the evaluation/research evidence to inform any potential roll out.
  59. 59. Workforce Wellness• Harnessing workplaces in the promotion of healthy living at an individual, group, community and population level in a range of settings across the City (i.e. workplaces, schools, homes)• Evidence based approach to interventions with a focus on musculo-skeletal conditions (MSK) & mental health and wellbeing• Embedded within organisational culture, business owning the bottom line benefits• Reduced absenteeism and increasingly more productive workforce (presenteeism).
  60. 60. Sporting Economy• The development of a sporting economy in Sheffield through the NCESEM and associated projects• Unlike the physical activity and workforce wellness themes, the evidence for leveraging a sporting economy through interventions is limited• Programme of in-depth stakeholder consultation and real-world research to inform interventions later in the programme (years 3-5).
  61. 61. Sporting Economy • How can the NCESEM help create a reputation for Sheffield as an international City of Sport?WP - 1 • How can the NCESEM be used to strengthen links between events, sporting participation and sportingWP - 2 economy? • Can we develop an economic model for Sport to demonstrate cost-effectiveness (cost to save)WP - 3 benefits for the NHS and health sector?
  62. 62. What does NCSEM mean for you and for Joe? • A physical activity solution for Sheffield • Clinical impact and evidence-driven • Embedded into communities • Support for you and for Joe
  63. 63. Thank you for Listening Dr Robert Copeland C.Psychol Principal Research Fellow r.j.copeland@shu.ac.uk 0114 225 5635
  64. 64. Paul HudsonEnglish Institute of Sport - Sheffield
  65. 65. Coffee Break
  66. 66. POUNDS
  67. 67. Lloyds TSB HealthCare “GP Led – Surgery Developments -How to Fund a Medical Development – the right way!”Sheffield 28th March 2012Graham Scott ACIB –Senior Healthcare Banking Consultant
  68. 68. Lloyds TSB HealthCare•OPENFORBUSINESS
  69. 69. Lloyds Banking Group Healthcare Yorkshire Area Your local specialists cover the following sectors: CARE HOMES OPTICIANS DENTISTS DENTISTS VETERINARY PRACTICES PHARMACIES GENERAL PRACTIONERS LEARNING DIFFICULTY CHILDRENS NURSERIES Craig Bennett Graham Scott Steve Midgley Senior Manager Key Markets Commercial Healthcare Banking Consultant Healthcare Relationship Manager 14 Church Street, Sheffield 5 St Helen’s Square, York 20 Market Place, Dewsbury Mob: 07595 124404 Mob: 07921 105405 Mob: 07725 426639 Craig.bennett@lloydstsb.co.uk graham.scott1@lloydstsb steve.midgley@bb.lloydstsb.co.uk Lee Rycraft Stephen Denham Healthcare Relationship Julian Blythe Wendy Ramshaw Healthcare Banking Consultant Manager Healthcare Relationship Manager Healthcare Relationship Manager 14 Church Street, Sheffield6/7 Park Row, 1st Floor, Leeds 14 Church Street, Sheffield 2 Pavement Branch, York Mob: 07738 311942 Mob: 07725 426655 Mob: 07825 111188 Mob: 07725 426604lee.rycraft@bb.lloydstsb.co.uk steve.denham@lloydstsb Jjulian.blythe@bb.lloydstsb.co.uk Wendy.ramshaw@lloydstsb.co.uk
  70. 70. Completed and Work in Progress Projects in Last Two Years• South Yorkshire – 3 New Surgery Developments• South Yorkshire – 2 New Projects• West Yorkshire – 1 New Development• West Yorkshire – 2 New Projects• North Yorkshire – 2 New Projects• Lancashire – 1 New Surgery Development• Lancashire – 2 New Projects• Yorkshire – 7 Projects at Early Stage DiscussionsThese are all active examples and we are actively looking for more business. Yours could be the next one!!!
  71. 71. Healthcare Index Wave 2 - All Sectors In the future would you like to be involved in premises ownership? GPs35 % 29 % 30 % Pharmacists30 % 27 % 28 % 26 % 25 % Dentists25 % 23 % 21 % 19 %20 % 17 % 16 % 16 %15 % 9% 10 %10 % 4% 5% 0% Definitely Probably Probably not Definitely not Don’t know Why are you likely to move to a new business/practice premises within the next 5 years? 47 % GPs50 % 44 %45 % 38 % Pharmacists40 % 31 % 33 %35 % 30 % Dentists30 % 24 % 25 % 23 %25 % 19 %17 %20 % 13 %15 % 9% 11 % 6% 7%10 % 3% 4% 5% 0% Expansion Required Relocating Merging Improve Other of business by to new with facilities regulation area another
  72. 72. Surgery Developments – Why Ownership • Do you own your own house? • Do you have a mortgage? • Who pays your mortgage? • Tax Relief • Pension?
  73. 73. Surgery Developments – the starting point …What stage has been reached??? • Do you own the building you are currently in and does the scheme refer to this building. • Is the PCT aware of scheme and support obtained. • Who will we be lending to? - Prop Co / Op co? Structure? • Has Business Case been produced • Has a Financial Case been produced
  74. 74. Surgery Developments – the starting point …Gaining an understanding • Has Notional Rent been agreed by DV / PCT. • Are there any key dates that need to be met besides a start and completion date • Has the scheme been submitted before to PCT, planners, professionals etc. If so what was outcome/decision. • Have any professionals already been appointed? Who are they? • Is there any information available on the scheme – drawings, plans etc.
  75. 75. Surgery Developments – the next steps …Funding commitment • Agreement in Principle – issue of Indicative Terms. • Professional Valuation appraisal. • Formal commitment – with full supporting information. • Appointment of Professionals:- – Monitoring Surveyor – Bank Solicitor • Funding for the land acquisition • Funding for the development • Agreement on the long term funding
  76. 76. Surgery Developments – the next steps …Specialist Team • Architect / Project Manager • Surveyor/ QS • Solicitor • Accountant • Bank • Capital Allowance Expert • VAT Expert
  77. 77. Surgery Developments – the next steps …Moving through the project • Protecting your Risk:- - Hedging options - Protecting the Partners • Monitoring and drawdown - The role / responsibilities of the HBC and Relationship Manager - Early discussion on variances • Drawdown on the Commercial Mortgage - Interest only option - The start of the hedging strategy
  78. 78. Surgery Developments – summary checklist …………. • Buy or Rent? • Who is going to own? • Who is going to be responsible within the practice? • Have we got our team together? • Who else do we need to speak to?
  79. 79. Surgery Developments – the next steps…Thanks for listening – any questions??????? Graham Scott ACIB Senior Healthcare Banking Consultant, Lloyds TSB Bank PLC Email graham.scott1@lloydstsb.co.uk Telephone - 07921 105405
  80. 80. POLICY
  81. 81. GP Hot TopicsLegal Issues in Primary Care Michelle Hayward and Mark Serby
  82. 82. Significant Change• Registration of Primary Care providers with CQC – 1 April 2013• Industrial action re pension changes• Health & Social Care Bill
  83. 83. Outline• The importance of Partnership Agreements• Retirement• Some CQC issues• New developments applicable to Primary Care• Employment Law
  84. 84. The Importance of Partnership Agreements CQC impact: A partnership is a practice that has “arrangements in place for joint and several liabilities which all members of the partnership agree to”.• But a written agreement is not a pre requisite to registration• Is there a Partnership Agreement? If so, is it up to date? New and retiring partners Unsigned Agreements - acting in accordance with the unsigned Agreement
  85. 85. The consequences of not having an express Partnership Agreement: The Partnership Act 1890 applies Dissolution• S26 - any partner can dissolve the entire partnership by notice with immediate effect.• PCT has ability to terminate S560.10.2 if “an event happens that makes it unlawful for the business of the partnership to continue or for members of the partnership to carry on in partnership together”.• Breach of CQC requirements and PCT requirements to give advance notice of changes
  86. 86. Expulsion:• S25 - the partnership has no ability to expel under Partnership Act 1890• Must have express provision to expel• Partners could be breaching CQC outcomes and/or GMS/PMS contract with no ability to oust defaulting partner• But PCT’s often require notices of partnership changes to be signed by all partners. How likely in the case of expulsion? Include Power of Attorney.• Dovetail expulsion events with breach of CQC outcomes and events whereby the PCT can terminate the contract.
  87. 87. Death and Bankruptcy• S33 – death and bankruptcy dissolve the entire partnership• PCT has the ability to terminate (for GMS S560.10.2) but contrast S540 which suggests that the contract can continue with the remaining partner, (if a general medical practitioner). Profits• S24 equal entitlement
  88. 88. Legal/Practical Issues on Retirement• How many months’ notice?• That death/retirement of 1 partner does not dissolve the partnership;• Property – key asset: provision for valuation. Who is it owned by? Any outstanding loans/mortgages?• Does incoming partner have funds to buy into the property?• Payment terms for outgoing partner• Indemnity• Default retirement age?• Restrictive covenants• Run off cover: e.g. MDU – claims made basis but discretionary cover only for claims once no longer a Member
  89. 89. CQC Issues - Timetable• Online registration – July 2012• Application submission – from September 2012• Practices pick 28 day window for submission, applications processed – September 2012 – March 2013;• Registered Manager – day to day control of regulated activities: CQC states a partner will be most appropriate.
  90. 90. Outcome 10 – safety and suitability at premises• Where will financial assistance come from if non-compliant?• Pulse foresee sale and leasebackOutcome 12 – requirements relating to workers:• Effective recruitment procedures to ensure: ~ Of good character; ~ Has the qualifications, skills and experience necessary for the work to be performed; ~ Is physically and mentally fit for the work; ~ Relationship with Equality Act 2010 – only allows you to ask candidates about health/disability after job offer and then make reasonable adjustments.
  91. 91. Employment Law Reform• Increase the minimum qualification period for an unfair dismissal claim from one year to two• Introduce fees to lodge a tribunal claim and to progress it to hearing• Introduce a compensated no-fault dismissal for micro firms (those employing ten or fewer employees)• Introduce a “rapid resolution” scheme for simple tribunal claims, which could involve an independent legal expert reaching a decision on written evidence.
  92. 92. Employment Law Reform• Oblige all Claimants to submit their claim to ACAS before it can be taken to tribunal, in order to give conciliation a chance.• Introduce a system of “protected conversations” to allow employers to raise issues with employees free from the worry that this will later be used in tribunal proceedings.• Extend the right to request flexible working and modernise maternity leave so it becomes shared and flexible parental leave.
  93. 93. Legal/Case Update• RCN limit nurses indemnity cover in general practice;• Fixed share partners• Tiffin v Lester Aldridge – recognised a fixed share partner as self employed• Flasz & others v Greenwich and Havering PCT
  94. 94. Legal Issues in Primary Care Michelle Hayward & Mark Serby Partners at Wake Smith LLP 0114 266 6660michelle.hayward@wake-smith.com | mark.serby@wake-smith.com
  95. 95. Ask the Experts: Michelle Hayward – Wake Smith LLP Graham Scott – Lloyds TSB Ruth Ingman - UtiliosMark Dean – Bowman Riley Healthcare James Williams - GP Surveyors
  96. 96. Thank you
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