Contracting

Posted on
At Blake Morgan, we advise on all aspects of primary and secondary care contracts. In particular we can:
  • support development of locally-agreed content within the NHS Standard Contract
  • advise on the effective use of contract levers (including development of contract levers for use within primary care contracts)
  • advise on contracting for service transformation within a health economy (including service integration)
  • advise on outcomes-based contracting and market engagement, and
  • advise on public procurement aspects of contracting and procurement-related risk management

Case Study:  NHS England 

Local Area Teams: we have advised a number of Local Area Teams around the commissioning of offender healthcare delivered in prisons. These projects are part of enabling a more joined up model under which commissioners move away from many varied and locally-negotiated contracts and service level agreements. We advised on key areas such as public procurement, contract development (especially the development of the APMS to provide the commissioner with effective contract levers) and employment. We also advised on a number of material commercial features of the transaction such as equipment repair and replacement, compensation on termination and performance management.

NHS England: We were instructed by NHS England to advise on the update of the 2014/15 and the 2015/16 NHS Standard Contract, and a number of related contracts and variations. The Standard Contract is used in England to commission all secondary and tertiary health services, and is updated annually to reflect health policy changes.

Case study: Mental Health Partnership

We acted for the independent sector partner in a mental health partnership in relation to their 5-year outcomes-focused contract. We advised on governance of the contractual joint venture arrangement and on contracting models, advising and drafting the service contracts.

Case study: Contract Disputes

We are acting for commissioners and providers assisting them with the resolution of disputes worth over £100m using the NHS Standard Contract process. Our work includes advising on process, merits of arguments, tactics, preparation for mediation, representation at mediation, preparation for expert determination including drafting statements of the case.