University Hospitals of Leicester and

Nottingham University Hospitals NHS Trusts

Empath

Programme Board

Friday 22 June 2012 -1:00pm – 4:00pm

Venue – B89 MedicalSchool, QMC, Nottingham

PRESENT
Mortimer Danny / Director of Workforce and Strategy NUH (Chair) / DM
Blainey Chris / Assistant Director of Finance NUH / CB
Bradley Kate / Director of Human Resources UHL / KB
Hughes Damian / General Manager Diagnostics & Clinical Support NUH / DH
Kalsheker Noor / Clinical Lead for Clinical Pathology NUH / NK
Kilner Richard / Non Executive Director UHL / RK
McKee Alec / Non Executive Director NUH / AM
Miller Keith / Staff Side Chair NUH / KMi
Morrell Ken / Project Manager NUH / KM
Scriven Tony / General Manager Pathology Services NUH / UHL / TS
Shaw Paul / Director of Pathology Services NUH / UHL / PAVS
Topham Nicky / Project Director / NT
Wozencroft Peter / Associate Director of Strategy NUH / PW
ALSO IN ATTENDANCE
Doverty Neil / Divisional Manager Clinical Support UHL / ND
Pritchard Oliver / Partner – Browne Jacobson LLP / OP
Baxter Ian / PwC Commercial Advisor / IB
Webster Rachel / Communications Consultant empath / RW
APOLOGIES
Campbell Shona / Divisional Director Clinical Support UHL / SC
Homa Peter / Chief Executive NUH / PH
Morgan David / Staff Side Chair UHL / DMo
Seddon Andrew / Director of Finance UHL / ASed
MINUTES TAKEN BY
Clark Lizzi / Pathology Management Assistant / empathProject Support / LC

Cumulative Record of Members Attendance 2011 / 12

Name / Possible / Actual
Blainey Chris / 12 / 9
Bradley Kate / 12 / 10
Campbell Shona / 12 / 3
Homa Peter / 12 / 5
Hughes Damian / 12 / 7
Kalsheker Noor / 12 / 9
Kilner Richard (16/12/11) / 7 / 5
McKee Alec (28/10/11) / 9 / 8
Miller Keith / 12 / 12
Morgan David / 12 / 9
Morrell Ken / 12 / 12
Mortimer Danny / 12 / 10
Scriven Tony / 12 / 12
Seddon Andrew / 12 / 7
Shaw Paul / 12 / 10
Topham Nicky / 12 / 11
Wozencroft Peter / 12 / 8
PB12/071 / WELCOME TO NEW MEMBERS
No new members.
PB12/072 / REGISTER OF INTERESTS
No interests were recorded.
PB12/073 / NOTES OF PREVIOUS MEETING / ACTIONS – 25 May 2012
These were accepted as a true and accurate record of the Meeting.
PB12/059 – Design for the Hub
The lab design tender has been advertised. 3 applications have been received who have the expertise to do the job.
PB12/065 – High level lab automation procurement
Progress is pending the outcome of the design work to provide a brief of the automation needed. For the major automation at NUH, temporary contracts have been placed with a cost saving. The major procurement strategy is to be decided.
PB12/066 – Communication Plan
This is being progressed as planned.
All other actions are items on the agenda for discussion.
PB12/074 / BID RESOURCES (SECTION 5.3 OF PAPER A ACHIEVING EMPATH) –PAVS / TS / NT / PW / KB – PAPER A
  • PAVS referred to the best assessment of resource requirements under section 5.3 of Paper A, ‘Achieving empath’. There have been some challenges regarding the projected PwC costs. Appendix 4 outlines the work programmes.
  • The additional £550k required during this financial year was supported and accepted as less than in the original business plan. DM and KB agreed to negotiate within respective organisations.
  • RK raised his concerns regarding the costs under the SHA Procurement Tender section on Appendix 3. The Board agreed that the next 3 months consultancy costs for PwC would be supported at £55k per month – relating to the £30k main fees and £25k bid fees. Further expenditure must be approved thereafter. TS clarified the tender is now likely to be Novemberand maybe longer. If this should slip to November 2012 we will want to update and retain the same price over the longer period.
  • All agreed the legal advice is good quality, value for money and reasonable. CB to highlight the recommendations for Trust resources. KB / DM to let ASed know.
ACTION:DM & KB to negotiate the additional funding -£275k form each trust.
  • The successful appointment of the Interim Director depends on what skills the applicantshave. It is anticipated that the Interim Director will offset some of the PwC advisor fees.
NK queried the value of progressing the hub when the outcome of the tender is not known. PAVS confirmed that a lot of work is around analysis of the acute sites too. The design resources were approved at the last Programme Board.
Paper A, ‘achieving empath’is an attempt to bring together the current issues and highlight the changes created by the announcement of the GP tender since the Business Plan was approved. All to look at and agree strategy. This was accepted as a paper that could go to the trust boards pending slight amendments:
  • All discussed the possible benefits for early customers coming on board but this should be thought through carefully. Work to be done regarding logistics and this may determine who could come on board.
  • Inclusion of the interim board structure.
RK confirmed the section explaining the potential of the Commercial Partner would be acceptable to the Trust Boards in light of the changed mindscape with the GP tender.
PB12/075 / OPEN TENDER PROCESS FOR THE PROVISION OF DIRECT ACCESS PATHOLOGY IN THE EAST & WEST MIDLANDS – PAVS / TS – PAPER B
Update
TS explained that a specification has been distributed to keyExecs and CCGs for approval, comments required by 11/7/12. It publishes the general specificsand includes resource requirements, redundant space,relating not justto the GP work, it is about the whole solution. The definition of the ‘lots’has apparently beenchanged so will be slightly different to those first consulted on, but are as yet unknown.
Commercial Relationships with other Trusts
  • Chesterfield and Kettering agreed to work with us, non disclosure agreement to be signed.
  • In discussions with Derby. TS highlighted the 2 options being tested with Derby: for Derbyto become a hub and if not the hub, what activity could be placed there to use their space – important to them since it is a PFI hospital. The modelling will need to prove the benefits. DM highlighted the sensitive history with Derby. TS said part of the discussions with Derby we need to agree the Terms of Engagement since we need some degree of assurance. OP said the current drafted agreement says they have agreed not to speak to anyone else for 3 months. RK said regarding exclusivity, it was important to form the view beneficial to both parties. It was agreed that exclusivity should exist whilst the parties were in consultation, but as soon as 1 party pulls out, they can speak to other providers. It was agreed that empath would not be exclusive since it was in discussions with a number of parties.
It was agreed that the 2 trust boards needed to be kept up to speed with the progress with the bid. DM said propose updates every 2 months.
  • PW had conversations with Sherwood Forest who wish to wait and see what happens.
Methodology for Delivery
PAVS said the pricing of our mechanism is still in discussion. Paper B finalised but to be amended in terms of benefits.
PB12/076 / 2012 / 13 ANNUAL OPERATING PLAN – TS / IB – PAPER C
  • The financial details are outstanding.
  • Appointments to the Board and operations ongoing.
  • Open budgets and what we do with CIPs etc.
The paper is mainly an overview of what we are going to deliver, almost a subset to the overall Business Plan. CB to arrange the Directors of Finance to approve the content. CB will be reporting back figures and numbers to the empath Board on a monthly basis.
ACTION: CB to agree sign off of the Annual Plan with the Finance Directors.
PB12/077 / JV AND SCHEME OF DELEGATION – PAVS / PW / OP – PAPERS D / E
DM asked if there were any questions.
  • RKaskedwould we want to sign the document if we do not win the bid. OP said this can be discussed at the last Programme Board meeting on 24/8/12, but from the commencement of empath, both trusts will be equally accountable so this is important. There is a small window when either party can walk away.
  • Rationalisation and centralisation of the services are to do with the existing services, apart from the SHA tender.
  • In terms of cost sharing, the plan for the rest of the year is to have separate cost centres for NUH / UHL, which will then be joint the following financial year. May have a small amount of cost trading.
  • RK asked about 2013/14 in relation to the partner Trust to be charged for the price test model. PAVS said we need to set up a commercial organisation for costs.
  • Termination arrangements need to be developed. The document explains if it one trust wishes to terminate,the non default Trust can take over the hub. If there is no agreementcan then sell off the hub.
  • CB referred to issues to be raised after commencement date as on page 2 items 9 and 10 of paper D2 in relation to the insurance position for the off site hub and support services to be provided by each parent Trust to empath.

PB12/078 / ACHIEVING EMPATH
Already discussed.
PB12/079 / FUTURE MANAGEMENT ARRANGEMENTS – PAPER F
Appointment of the empath Board – KB / IB
Governance arrangements from the commencement of empath are to be put in place and paper F outlines this proposal. PAVS confirmed there will be 1 Medical Director appointed. PW requested clarity in relation to future potential partnerships in terms of filling the Medical Director position, PAVS informed that it is his preference to keep this open and fill on an interim basis.
  • HR process has started.
  • There is to be a 2 stage process to appoint the management structure below the board, immediate management is likely to be Jan 2013 with appointments in April 2013
  • Rest of the workforce will be 6-9 months from 1st April 2013.
Empath Interim Management Board Arrangements – PAVS / KB / PW
RK felt there is no need for the Trust Boards to have sight of the interim structure as part of the sign off but since it was agreed that both organisations need to be happy with the interim arrangements, this should be included in the achieving empath paper.
PB12/080 / HIGHLIGHT REPORT - KM
Most of the report already covered within the meeting.
  • IT membership has been finalised and starts next week with the first IT Workstream meeting. It was confirmed that IT progress was going well in spite of the delay in commencement of this workstream. TS explained his conversations with John Clarke in relation to portal work which has gone well at UHL and about to start at NUH.
  • Empath now have ahome page with contact numbers, details and short descriptions.

PB12/081 / COMMUNICATION UPDATE – RW
RW updated:
  • Now have the website with a home page.
  • SHA set up a Communication Alliance and we are a member. There will be a period of stakeholders engagement. Most was regarding keeping staff informed. The suggestion was that the Allianceto meet once per month.
We need to ensure communication is strong and maintain credibility.
PB12/082 / FINANCE UPDATE
Already discussed within the meeting.
PB12/083 / AGREE THE KEY MESSAGES:
Suggested messages:
  • Empath is progressing well andthe papers are ‘good togo’, Trust Board to sign as planned.
  • Seriousness of winning the bid.
  • Timescales for answers to questions.
  • Highlight the good position we are in and what a great opportunity we have before us.

PB12/084 / ANY OTHER URGENT BUSINESS
East of England Bid - NK asked about the bid. PAVS confirmed they are at the preferred bidders stage with winners and losers. The full Business Case went to SHA last Thursday to approve their position. 2 hospitals in the region lost their GP work.
PB12/085 / DATE OF NEXT MEETING
2pm – 4pm Friday 24th August 2012 – Refectory, PGEC, QMC, Nottingham

PATHOLOGY PROGRAMME BOARD – 25 May 2012

ACTION NOTES

ACTION / RESPONSIBILITY / COMPLETED BY
PB12/074 / ACTION:DM & KB to negotiate the additional funding -£275k form each trust. / KB/DM / ASAP
PB12/076 / ACTION: CB to agree sign off of the Annual Plan with the Finance Directors. / CB / ASAP

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