PRIMARY CARE JOINT COMMISSIONING COMMITTEE
TERMS OF REFERENCE
1. PURPOSE
1.1 NHS Hull Clinical Commissioning Group (CCG) Board and NHS England have established a Primary Care Joint Commissioning Committee in accordance with the CCG’s Constitution, Standing Orders and Scheme of Delegation. These Terms of Reference set out the membership, remit, responsibilities and reporting arrangements of the Committee and shall have effect as if incorporated into the CCG’s Constitution and Standing Orders.
1.2 The NHS England and NHS Hull Clinical Commissioning Group joint commissioning committee is a joint committee with the primary purpose of jointly commissioning primary medical services for the people of Hull.
Statutory Framework
1.3 The National Health Service Act 2006 (as amended) (“NHS Act”) provides, at section 13Z, that NHS England’s functions may be exercised jointly with a CCG, and that functions exercised jointly in accordance with that section may be exercised by a joint committee of NHS England and the CCG. Section 13Z of the NHS Act further provides that arrangements made under that section may be on such terms and conditions as may be agreed between NHS England and the CCG.
1.4 [Include reference to statutory provisions used to jointly exercise CCG functions, if any have been delegated by the CCG to the joint committee. This is permitted by section 14Z9 of the NHS Act 2006 (as amended). If such arrangements are made, the CCG will need to formally delegate the functions in question to the joint committee.
1.5 Section 14Z9 of the NHS Act was amended by Legislative Reform Order (2014/2436) (“LRO”) to enable the joint exercise by NHS England and a CCG of any of the CCGs commissioning functions and any other functions of the CCG which are related to the exercise of those functions. Where such arrangements are made, the LRO enabled them to be exercised by a joint committee established between the parties.
1.6 The role of the Joint Committee shall be to carry out the functions relating to the commissioning of primary medical services under section 83 of the NHS Act except those relating to individual GP performance management, which have been reserved to NHS England [and such CCG functions under sections 3 and 3A of the NHS Act as have been delegated to the joint committee].
These roles include the following activities:
· GMS, PMS and APMS contracts (including the design of PMS and APMS contracts, monitoring of contracts, taking contractual action such as issuing branch/remedial notices, and removing a contract);
· Newly designed enhanced services (“Local Enhanced Services” and “Directed Enhanced Services”);
· Design of local incentive schemes as an alternative to the Quality Outcomes Framework (QOF);
· Decision making on whether to establish new GP practices in an area;
· Approving practice mergers;
· Making decisions on ‘discretionary’ payment (e.g., returner/retainer schemes).
· Currently commissioned extended primary care medical services;
· Newly designed services to be commissioned from primary care.
In performing its role the Joint Committee will exercise its management of the functions in accordance with the agreement entered into between NHS England and NHS Hull Clinical Commissioning Group, which will sit alongside the delegation and terms of reference.
1.7 Geographical coverage
The Joint Committee will comprise NHS England Area Team – Yorkshire and Humber, and the NHS Hull CCG. It will undertake the function of jointly commissioning primary medical services for Hull.
1.8 Links and interdependencies
The Primary Care Commissioning Joint Committee will link to the following forums:
· Planning and Commissioning Committee
· NHS Hull Clinical Commissioning Group Board
· Integrated Audit and Governance Committee
· Primary Care Quality and Performance Sub-Committee (a sub-committee of
this committee)
· Estates Sub-Committee (a sub-committee of this committee)
1.9 The Primary Care Commissioning Joint Committee is chaired by a Lay Representative of the CCG Board. In which case the term “Chair” is to be read as a reference to the Chair of the Committee as the context permits, and the term “member” is to be read as a reference to a member of the Committee also as the context permits.
2. ACCOUNTABILITY
2.1 The Primary Care Commissioning Joint Committee is directly accountable to the CCG Board and NHS England for overseeing and providing assurance reports on the matters detailed under Section 11 (Remit).
3. AUTHORITY
3.1 The Primary Care Commissioning Joint Committee is authorised by the CCG Board and NHS England to investigate any activity within its Terms of Reference. It is authorised to seek any information it requires from any employee and all employees are directed to co-operate with any request made by the Primary Care Commissioning Joint Committee.
3.2 Subject to such directions as may be given by the Board and NHS England, it may establish sub-committees as appropriate and determine the membership and terms of reference of such. The Standing Orders and Prime Financial Policies of the CCG, as far as they are applicable, shall apply to the Primary Care Commissioning Joint Committee and its sub-committees.
3.3 The Primary Care Commissioning Joint Committee is authorised by the CCG Board and NHS England to obtain outside legal or other independent professional advice and to secure the attendance of outsiders with relevant experience and expertise if it considers this necessary.
4. REPORTING ARRANGEMENTS
4.1 All meetings shall be formally minuted and a record kept of all reports/documents considered.
4.2 The reporting arrangements to the CCG Board shall be through the submission of a written Chair’s Report on the progress made and opinion of confidence provided to the next CCG Board meeting. The report shall, where necessary, include details of any recommendations requiring ratification by the CCG Board.
4.3 Copies of the Minutes are a standing item on the CCG Board. The Committee will provide an Annual Workplan to the CCG Board for approval and an Annual Report.
4.4 Disclosure/Freedom of Information Act (FOI)
The senior officer with responsibility for corporate governance will be responsible for ensuring that FOI requirements in relation to the Committee minutes and reports are met. The chair of the committee will seek the advice of the senior officer with responsibility for corporate governance in relation to any matters where an exemption as defined within the Freedom of Information Act 2000 is believed to apply.
5. MEMBERSHIP
5.1 The Membership of the Primary Care Joint Commissioning Committee is listed at
Appendix 1.
5.2 Members are required to attend 6 out of 7 scheduled meetings. Attendance will be monitored throughout the year and any concerns raised by the Chair with the relevant Member.
5.3 Any changes to the membership of the Primary Care Commissioning Joint Committee must be approved by the CCG Board.
6. APPOINTMENT OF CHAIRS
6.1 The Chair and Vice Chair shall be appointed by the CCG Board and NHS England.
7. QUORACY
7.1 The quorum for meetings shall be six members including a minimum of two lay members inclusive of the Chair (or Vice Chair in the Chair’s absence) and representation from NHS England.
7.2 If a quorum has not been reached, then the meeting may proceed if those attending agree but any record of the meeting should be clearly indicated as notes rather than formal Minutes, and no decisions may be taken by the non-quorate meeting of the Committee.
8 ATTENDANCE
8.1 The Joint Committee may call additional experts to attend meetings on an ad hoc basis to inform discussions particularly when the Committee is discussing areas of risk or operations that are the responsibility of specifics experts.
9 MEETINGS
9.1 Meetings shall be administered in accordance with the CCG Constitution, Standing Orders and Prime Financial Policies.
9.2 The Joint Committee shall meet not less than bi-monthly and on other such occasions as agreed between the chair of the Joint Committee and the chair of the CCG Board. The frequency of meeting should be such as to ensure the Committee achieves its annual work-plan.
9.3 The Director of Commissioning and Partnerships will ensure the Group is supported administratively, and will oversee the following:
a) The Standing Orders of NHS Hull Clinical Commissioning Group insofar as they relate to the:
b) Notice of meetings;
c) Handling of meetings;
d) Agendas;
e) Circulation of papers; and
f) Conflicts of interest;
9.4 The Joint Committee:
a) Shall, subject to the application of 7(b), be held in public.
b) All parties will work collaboratively to reach decisions through discussion and agreement. In the exception where agreement cannot be reached, the following arrangements will apply.
c) Each member of the Joint Committee shall have one vote except in respect of NHS England’s functions, weighting voting arrangements will apply to both NHS England and the CCG to have equal votes.
d) The Joint Committee shall reach decisions by (a simple majority of members present, but with the Chair having a second and deciding vote, if necessary).
e) For decisions relating to any functions within NHS England’s statutory obligations, NHS England has a casting vote.
f) Subject to the reserved functions above, all joint committee voting members are able to vote on all activities included within these terms of reference. See paragraph 8.
g) The Joint Committee may resolve to exclude the public from a meeting that is open to the public (whether during the whole or part of the proceedings) whenever publicity would be prejudicial to the public interest by reason of the confidential nature of the business to be transacted or for other special reasons stated in the resolution and arising from the nature of that business or of the proceedings or for any other reason permitted by the Public Bodies (Admission to Meetings) Act 1960 as amended or succeeded from time to time.
h) Members of the Joint Committee have a collective responsibility for the operation of the Joint Committee. They will participate in discussion, review evidence and provide objective expert input to the best of their knowledge and ability, and endeavour to reach a collective view.
i) The Joint Committee may call additional experts to attend meetings on an ad hoc basis to inform discussions.
j) Members of the Joint Committee shall respect confidentiality requirements as set out in the Standing Orders referred to above unless separate confidentiality requirements are set out for the joint committee in which event these shall be observed.
9.5 NHS Hull Clinical Commissioning Group will provide secretariat. The secretariat to the Joint Committee will:
a) Circulate the minutes and action list of the committee within 5 working days of the meeting to all members.
b) Present the minutes and action notes to Area Team – Yorkshire and Humber of NHS England and the governing body of NHS Hull Clinical Commissioning Group.
10 CONFIDENTIALITY
10.1 All Members are expected to adhere to the CCG Constitution and Standards of Business Conduct and Conflicts of Interest Arrangements.
10.2 In circumstances where a potential conflict is identified the Chair of the Committee will determine the appropriate steps to take in accordance with the CCG’s Conflicts of Interest decision-making matrix. This action may include, but is not restricted to, withdrawal from the meeting for the conflicted item or remaining in the meeting but not voting on the conflicted item.
10.3 All members of the Joint Committee shall respect confidentiality requirements as set out in the standing orders unless separate confidentiality requirements are set out for the joint committee in which event these shall be observed.
11 REMIT
11.1 The remit of the joint committee will be to develop primary medical services in Hull which are consistent with the Hull 2020 vision. Specifically the joint committee will:
a) undertake needs assessments for primary medical services
b) plan the provision and commissioning of primary medical services
c) undertake reviews of primary medical services
d) co-ordinate a common approach to the commissioning of primary medical services
e) manage relevant primary medical services budgets
12. DECISIONS
12.1 The Joint Committee will make decisions within the bounds of its remit.
12.2 The decisions of the Joint Committee shall be binding on NHS England and NHS Hull Clinical Commissioning Group.
12.3 Decisions will be published by both NHS England and NHS Hull Clinical Commissioning Group.
12.4 The secretariat will produce an executive summary report which will presented to Area Team – Yorkshire and Humber of NHS England and the governing body of NHS Hull Clinical Commissioning Group bi-monthly for information.
13. REVIEW OF THE TERMS OF REFERENCE
13.1 These terms of reference will be formally reviewed by NHS England Area Team – Yorkshire and Humber and NHS Hull Clinical Commissioning Group in April of each year, following the year in which the joint committee is created, and may be amended by mutual agreement between NHS England Area Team – Yorkshire and Humber and NHS Hull Clinical Commissioning Group at any time to reflect changes in circumstances which may arise.
APPENDIX 1
MEMBERSHIP
The membership will meet the requirements of NHS Hull Clinical Commissioning Group’s constitution.
The Chair of the Joint Committee shall be a Lay Representative of the NHS Hull CCG Governing Body.
The Vice Chair of the Joint Committee shall be a Lay Representative of the NHS Hull CCG Governing Body.
There will be a standing invitation to Healthwatch, the Local Medical Committee and the Health and Wellbeing Board.
Membership of the Joint Committee is determined and approved by NHS Hull CCG Board and NHS England and will comprise off:
Member (Voting)
NHS Hull CCG
· NHS Hull CCG Governing Body, Lay Representative Strategic Change - Chair
· NHS Hull CCG Governing Body, Lay Representative Patient and Public Involvement - Vice Chair
· NHS Hull CCG Chief Officer
· NHS Hull CCG Chief Finance Officer (or immediate deputy)
· NHS Hull CCG Director of Integrated Commissioning (or immediate deputy)
· NHS Hull CCG Director of New Models of Care (or immediate deputy)
· NHS Hull CCG Director of Quality and Clinical Governance/Executive Nurse (or
immediate deputy)
· NHS Hull CCG Governing Body Lay Representative Audit and Governance
· NHS Hull CCG Governing Body GP Member without a pecuniary interest