Summary of Amendments to NHS Chorley and South Ribble CCG Constitution

Transcription

1 Summary of Amendments to NHS Chorley and South Ribble CCG Constitution The CCG has made the following amendments to its Constitution to support the CCG in discharging its duties in respect of delegated authority from NHS England in respect of commissioning. The Constitution Previous Foreword Foreword Foreword 31 practices now part of the CCG as opposed to 32. Also Longton added as an area which the CCG now covers Foreword Mission, Values, Aims amended to Mission, Values and Objectives To ensure that the patch of the CCG is clearly defined. To ensure these are consistently referred to as the same title Area covered updated to include Longton To ensure that all geographical areas of the CCG are clearly defined To include that Corporate services must also be notified when a practice representative changes If a member representative is unable to attend a meeting then a nominated representative (GP) must be nominated by the member. Prior to attending any meetings the representative should ensure that he/she consults on all papers with the member to ensure that the representative acts and votes on behalf of the practice. To ensure that corporate processes can be followed with the new member such as declarations of interest. To ensure that member representatives are engaging with their practice and bringing the combined view of the GP practice to the membership council d d Updated to reflect that an operational plan and commissioning intentions will be published annually rather than a commissioning plan. To ensure the constitution refers to the correct documents which the CCG produce

2 4.3.2 b b Updated to reflect that a public consultation report describing any formal consultations it has undertaken and the findings and actions resulting will be published, rather than a public consultation report c Added that the CCG will also annually publish engagement activity delivered, through the Annual Report and Accounts and the Equality Annual Report. and publish To ensure the constitution refers to the correct documents which the CCG produce and publish To ensure the constitution refers to the correct documents which the CCG produce and publish d d Public reference group, amended to public advisory group To ensure the constitution refers to the correct titles for forums a a Updated to reflect that the Accountable Officer and the Vice Chair of the Governing Body are attendees at Membership Council d Governing Body Functions: Ratify and maintain Terms of Reference for all committees Job titles updated for: Head of Quality and Performance Head of Planning and Delivery 6.6.5b 6.6.5b The Remuneration Committee, which is accountable to the Group s Governing Body makes recommendations to the Governing Body on determinations about the remuneration, fees and other allowances for employees and for people who provide services to the Group and on determinations about allowances under any pension scheme that the Group may establish as an alternative to the NHS pension scheme. The To ensure that the constitution reflects correct meeting arrangements By Governing Body ratifying all of its subcommittee terms of reference, it can assure itself that these committees are acting within their delegated responsibility. To ensure that the constitution reflects correct job titles To reflect the updated terms of reference for Remuneration Committee.

3 Governing Body has approved and keeps under review the terms of reference for the remuneration committee, which includes information on the membership of the remuneration committee. Following guidance from the Secretary of State for Health, each remuneration committee is responsible for considering the appropriateness of pay awards, agreeing remuneration packages and redundancy packages for VSM staff. The Remuneration Committee has responsibility to assure itself and the Governing Body that the CCG is compliant with NHS England and Department of Health guidance in reference to Remuneration. CSR Remuneration committee will meet jointly with Greater Preston CCG Remuneration Committee to make these decisions on behalf of both CCGs Joint Committees Committee in common removed from this definition 6.7 a 6.7 a Title for Clinical Policy Committee updated to Clinical Effectiveness Committee 6.7 b 6.7 b Title for Quality Improvement Committee updated to Quality and Performance committee Roles and Responsibilities: All roles updated to reflect a responsibility for complying with the Managing Conflicts of Interest Policy n The Chair of the Governing Body: oversee the process for appraising Governing Body Members including GP Directors and Lay Members. To reflect national guidance regarding committees meeting jointly To ensure that the constitution reflects correct meeting titles To ensure that the constitution reflects correct meeting titles To ensure responsibilities for the Managing Conflicts of Interest Policy are made clear in the constitution To bring the constitution in line with the updated Conflicts of Interest Policy

4 Updated to reflect that all employees are seconded to Greater Preston CCG Standards of Business Conduct: Updated to include reference to the specific policies; Managing Conflict of Interest Policy, Hospitality Sponsorship and Gifts Policy, Local Anti-Fraud Bribery and Corruption Policy A conflict of interest will include: The word commissioning has been removed before the word decision to encompass all decisions rather than just commissioning decisions f a personal or professional relationships with others (for example where the role or interest of a family member, friend or acquaintance may influence an individual s judgment or actions, or could be perceived to do so Updated to add as outlined in the Managing Conflicts of Interest Policy to the end of this paragraph In making this decision the chair will consider whether the meeting is quorate, in accordance with the number and balance of membership set out in the Group s standing orders. Where the meeting is not quorate, owing to the absence of certain members, the discussion will be deferred until such time as a quorum can be convened. Where a quorum cannot be convened from the membership of the meeting, owing to the arrangements for managing conflicts of interest or potential conflicts of interests, the chair of the meeting shall: Consult with the chair of the Audit Committee if available, or allow a voting member from the other CCG to To ensure the joint arrangements for appointed staff are clear To list the specific policies this paragraph relates to To bring the constitution in line with the updated Conflicts of Interest Policy To bring the constitution in line with the updated Conflicts of Interest Policy To link the constitution to the policy To bring the constitution in line with the updated Conflicts of Interest Policy

5 take a vote. This may include: a) requiring another of the CCG s Committees, including the Membership Council, Governing Body or its sub-committees (as appropriate) to progress the item of business, or if this is not possible b) inviting on a temporary basis one or more of the following to make up the quorum so that the committee can progress the item of business: an employee of the CCG who would otherwise not be a member of the committee; an individual appointed by a member to act on its behalf in the dealings between it and the CCG; a member of a relevant Health and Wellbeing Board; a member of a Governing Body of another CCG Added that conflicts of interest for procurement will be managed on an individual contract basis App A App A a General Practitioner, who is a GP Partner or salaried GP working for or on behalf of a member practice, who may also be a member representative and is elected by the To reflect that a process is in place for managing conflicts of interests with regards to procurement decisions. Members voted that a GP Director should also be able to take on the role of a member

6 Membership Council to engage in the decision making representative and vice-versa processes of the Group and sit on the Governing Body. App B App B Member practices List updated to reflect current practices b b Primary Care Contract added to the remit of member practices To reflect that practices are involved in the development of the contract b b Nominations process amended to applications process To reflect that the process for election to the role of the Chair is via an application process, not a nomination process 2.2.2iv 2.2.2iv All applicants will be required to complete a statement which sets out their suitability for the role, and complete a competency assessment based on pre-set criteria. Each candidate will then be interviewed by an eligibility assessment panel to discuss their application in more detail and ensure that the candidate meets the core competencies for the role. The panel will then share the applications with the Membership which will outline the applicant s suitability for the role. The assessment panel should comprise of two Lay Members, and a member of the Governing Body from another CCG; To ensure that applicants for senior clinical roles meet eligibility and suitability criteria for the role v 2.2.2v To reflect that applicants will be asked to evidence the required competencies for the role of Chair c 2.2.2c Term of office - A term of office shall comprise four years, with a maximum of three consecutive terms of office To ensure that applicants for senior clinical roles meet eligibility and suitability criteria for the role. Members voted that the maximum number of terms of office should be extended from two to three

7 Updated to reflect that a GP Director may also hold the role of member representative 2.2.4ii 2.2.4ii Expressions of interest will be sought from eligible candidates. All candidates will be required to complete a statement which sets out their suitability for the role, and complete a competency assessment based on pre-set criteria; 2.2.4iii 2.2.4iii All expressions of interest, along with the statement and competency assessment will be reviewed by an eligibility assessment panel, the membership of which shall consist of two Lay Members, and a member of the Governing Body from another CCG. The role of the panel will be to ensure that the candidate meets the suitability and eligibility criteria for the role. The panel will then prepare a report for the Membership to outline the applicants suitability for the role; 2.2.4bi 2.2.4bi Be a registered Practitioner on the Performers List for the area described at clause 2.1, but not as a locum practitioner. The applicant must be working a minimum of 4 sessions per week on behalf of a Member Practice. A GP working in more than one GP Practice should declare this as a Conflict of Interest. Members voted that one GP should be permitted to take on both roles. To ensure that applicants for senior clinical roles meet eligibility and suitability criteria for the role. To ensure that applicants for senior clinical roles meet eligibility and suitability criteria for the role. Members voted that a locum practitioner should not be eligible for the role of GP Director. Members also voted that GPs must be working a minimum of 4 clinical sessions per week to be eligible.(this is based on a WTE.) 2.2.4bii All GP Directors will be required to provide an annual declaration of where they are working and in what capacity to remain eligible To ensure that GP Directors remain eligible for the role throughout their tenure, and that the CCG can manage any conflicts of interest biv 2.2.4biv Not be from the same practice as another GP Director of the To clarify that GP Directors must not work

8 Governing Body with the exception of the following; delivering services as part of joint working arrangements to deliver a contract awarded by the commissioners delivering services as part of a federation of practices and; in response to delivering the quality contract, Any such arrangements must be fully declared; and from the same practice, but also take into account that GPs do conduct joint working and may federate to deliver services d 2.2.4d Term of office the office holders will be appointed to the office for a period of 3 years, with a maximum three terms of office 2.2.4f iv 2.2.4f iv Failure to demonstrate will result in removal from office under section The mechanism for removal of office will be via a Membership Council majority vote. Removal from office will terminate the tenure without a notice period. A decision to remove form office can take place during a notice period and will take immediate effect ending any extension of the normal notice period e 2.2.5e Eligibility for reappointment - the criteria described at b) are still applicable, subject to serving a maximum term of office of 8 years and subject to a satisfactory annual personal development review iv be a person who meets the full person specification set out in the role job description Members voted that the number of terms of office should be extended from 2 to 3 To clarify what the mechanism would be if a GP Director was in breach of the constitution, or CCG polices and these breaches resulted in the need to consider removal from office. To ensure that candidates who remain in their role are effective. To clarify eligibility for the role of accountable officer

9 3.7.1 a a Eligibility Updated to include acting up arrangements b b The Remuneration Committee, which is accountable to the CCG s Governing Body, makes recommendations to the Governing Body on determinations about the remuneration, fees and other allowances for employees and for people who provide services to the Group. The Governing Body has approved and keeps under review the terms of reference for the Remuneration Committee, which includes information on the membership of the Remuneration Committee. Following guidance from the Secretary of State for Health, each Remuneration Committee is responsible for considering the appropriateness of pay awards, agreeing remuneration packages and redundancy packages for VSM staff. The Remuneration Committee has responsibility to assure itself and the Governing Body that the CCG is compliant with NHS England and Department of Health guidance in reference to Remuneration. Chorley and South Ribble CCG s Remuneration Committee shall meet jointly with Greater Preston CCG s Remuneration Committee to consider decisions relating both CCGs. To ensure that voting rights can be given to staff who are acting up To reflect the updated description of the Remuneration Committee in the terms of reference 5 Signing of contracts 5 Signing of contracts SCHEME OF DELEGATION AND RESERVATION OPERATIONAL ARRANGEMENTS Scheme of Delegation allows NHS England to approve payment for Primary Care Co-Commissioning To update in line with delegated commissioning

10 8 - The requirem ent to obtain Quotation s and Tenders 8 - The requirem ent to obtain Quotation s and Tenders SCHEME OF DELEGATION AND RESERVATION OPERATIONAL ARRANGEMENTS Updated limits from OJEC added from January 2016 To update in line with OJEC updates App 1 App 1 Removal of committee terms of reference To ensure that terms of reference can be updated without necessitating a full constitution review