NHS NORTH STAFFORDSHIRE AND NHS STOKE-ON-TRENT CLINICAL COMMISSIONING GROUPS Meetings Held in Common Primary Care Commissioning Committee

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1 NHS NORTH STAFFORDSHIRE AND NHS STOKE-ON-TRENT CLINICAL COMMISSIONING GROUPS Meetings Held in Common Primary Care Commissioning Committee Terms of Reference 1. Introduction The individual Primary Care Commissioning Committee (the Committee) of North Staffordshire and Stoke-on-Trent CCGs are established in accordance with each CCG s Constitution, Prime Financial Policies and Scheme of Delegation. These Terms of Reference set out the membership, remit, responsibilities and reporting arrangements of each Committee and shall have effect as if incorporated into each Clinical Commissioning Group s Constitution and Prime Financial Policies enabling the Committees to meet in common. As per the CCGs Constitution, in the interest of partnership working, this Committee will operate as a committee in common with representatives from both CCGs to jointly plan for Northern Staffordshire as a whole. As per each CCGs Constitution, the accountability and decision making of the Committee shall remain the responsibility of the individual Clinical Commissioning Group and its Governing Body / Board. 2. Purpose The Joint Primary Care Commissioning Committee is a decision making committee, which is established to exercise the discharge of the Primary Medical Services function. Initially this will be a shadow committee, constituted as a sub-committee of the three CCG Governing Bodies. Its initial remit is to shadow the NHS England Joint Commissioning Board (JCB) and ensure that decisions made at Co-Commissioning level can be translated into effective delivery at a local level. The intention would be that this Committee provides the level of assurance to the Governing Bodies to ensure all matters related to Primary Care are well governed and well managed. The Committee is authorised by each Governing Body to investigate any activity within its terms of reference. It is authorised to seek any information it requires from any employee, or interim and temporary members of staff, who are directed to co-operate with any request made by the Committee. The Committee is authorised by the Governing Body 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. To support the collaborative working across Stoke-on-Trent and North Staffordshire CCGs, the Committee will hold meetings in common, where appropriate, with North Staffordshire CCG Primary Care Commissioning Committee to discuss items of common interest. This will be agreed in advance with the Chair of each Committee and a Chair s Report submitted to each CCG Governing Body in line with normal processes. 1

2 3. Membership The Committee shall be appointed by the Governing Bodies and shall consist of: Voting Members Joint CCG Posts Accountable Officer Chief Operating Officer Chief Finance Officer Director of Commissioning Director of Strategy, Planning and Performance Director of Nursing and Quality NSCCG Lay member x 3 (includes Chair*) Stoke-on-Trent CCG NSCCG Lay member x 3 (includes Chair*) *The role of Chair and Vice Chair must be undertaken by a Lay Member (who is not the Audit Chair and Conflicts of Interest Guardian) Non-Voting Members Medical Director Clinical representatives (to be sourced from Clinical Chairs, Clinical Directors or Non Executive GP Board Members) Secondary Care Consultant (x 2) Head of Governance (or deputy) Head of Primary Care A standing non-voting invitation will be open to: Healthwatch Stoke-on-Trent Healthwatch Staffordshire Health and Wellbeing Board Representative (Stoke-on-Trent City Council) Health and Wellbeing Board Representative (Staffordshire County Council) Representative from NHS England LMC This standing invitation will include, where appropriate, for items where the public is excluded for reasons of confidentiality. The Committee may also extend invitations to other personnel with relevant skills, experience or expertise as necessary to enable it to address matters before the Committee or as part of the Committee s cycle of business to support with the decision making process. These representatives will be noted in the minutes as in attendance. All other senior managers may be invited to attend by exception, particularly when the Committee is discussing areas of risk or operation within their area of responsibility. 2

3 Development sessions would need to be put in place for this Committee over the next twelve months so members fully understand its roles and functions. Membership will be reviewed regularly to adjust for changes as required by the purpose of the Committee. If at such time the two CCGs have any shared Lay Members, the representation from lay members may be reviewed accordingly. 4. Quoracy The meeting shall be deemed quorate when: A minimum of two of the three lay members from each CCG (including the Committee Chair) are present (noting that the Chair of the meeting cannot be the Lay Member for Governance); and A minimum of four executives are present Whilst clinical members cannot be voting members, they are actively encouraged to attend to participate and ensure sufficient clinical input, but must not be in the majority. 5. Frequency and Notice of Meetings Meetings shall be held on a monthly basis not less than nine times a year. As a general rule, meetings of the primary care commissioning committee, including the decisionmaking and deliberations leading up to the decision, should be held in public unless the CCGs have concluded it is appropriate to exclude the public where it would be prejudicial to the public interest to hold that part of the meeting in public. Examples of where it may be appropriate to exclude the public include: Information about individual patients or other individuals which includes sensitive personal data is to be discussed; Commercially confidential information is to be discussed, for example the detailed contents of a provider s tender submission; Information in respect of which a claim to legal professional privilege could be maintained in legal proceedings is to be discussed; To allow the meeting to proceed without interruption and disruption. 6. Duties The key duties of the Committee are as follows: a) Development, Risk Management and Commissioning of Primary Care Current key priorities of the Committee are as follows: Delivery of the Primary Care Strategy and Local Delivery Plans The implementation of the PMS Reviews The sign-off of all the infrastructure bids Oversight of preparation for level 3 fully delegated commissioning responsibility Oversight of practices who may be considered vulnerable Receives reports on local initiatives related to new models of care 3

4 b) Other assurance functions In addition, the Committee will review the work of other committees within the organisation, whose work can provide relevant assurance to the Committee s own scope of work. Conflict of Interest The Committee shall satisfy itself that the CCG has adequate arrangements in place for ensuring robust arrangements are in place for the management of conflicts of interest in relation to primary care commissioning, see item 7. Management The Committee shall request and review reports and positive assurances from directors and managers on the primary care strategy, commissioning arrangements. Financial reporting The Committee shall review any relevant annual report and financial statements before submission to the Governing Body and the CCG, focusing particularly on the wording in the governance statement and other disclosures relevant to the terms of reference of the Committee; 7. Management of Conflicts of Interest Interests and relevant influences should be declared on accepting the role and at the outset of each and every relevant meeting. If issues concern a matter that could be regarded to effect impartiality the individual should not receive papers for or be present for the agenda item. If there is a clear and direct conflict an individual should not be offered a place on the committee. The minutes of the committee shall detail the nature of any conflict, who had the conflict and how the conflict was managed to ensure full transparency in the decision-making process. Good practice requires evidence of proactive consideration of conflicts of interest ahead of the Committee meetings, so that the chair considers how known conflicts of interest would be managed in advance of the meeting. Co-commissioning arrangements should establish processes to ensure that any potential conflicts are identified and managed throughout the full decision making life cycle, including where tasks are carried out by sub-committees or working groups outside the Committee. They should ensure that records are maintained to demonstrate this to the Committee and presented as part of any options papers. 8. Other Matters The minutes of the Committee shall be formally recorded and submitted to the Governing Body. The Chair of the Committee shall provide a written report to the Governing Body following each meeting on Committee business, drawing to the attention of the Governing Body any issues that require disclosure, or require executive action. If there is commercially sensitive or sensitive information than a closed session of the Committee would need to be agreed with the Committee Chair. It is the Committee Chairs responsibility to highlight to the CCG Governance Manager areas of their report which may need to be considered in the closed section of the Governing Body. 4

5 The minutes should state whether the meeting is quorate or not. Where a meeting is not quorate, arrangements for dealing with this should be clearly set out in the minutes. The Committee shall be supported administratively by the Director of Commissioning, whose duties in this respect will include: Agreement of agendas with Chair of the Committee and attendees and collation of papers Advising the Committee on pertinent issues/areas Enabling the development and training of Committee members. 9. Review Data Whilst the committee is in shadow form, the terms of reference will be reviewed on an ongoing basis. These terms of reference shall be reviewed annually thereafter. Date Agreed by Committee: Date Approved at Governing Body: Review Date: 5