Operation of 'any willing provider' for the provision of routine elective care under 'free choice'

Patients have had the right to choose their provider of acute elective care since 2008 (enshrined in the NHS Constitution 2008 and the Primary Care Trust (Choice of Secondary Care Provider) Directions 2009). As of June 2010, there were more than 250 NHS and independent sector providers of acute elective care to NHS patients worth approximately £400 million per annum and treating over 220,000 NHS patients a year. The ability of patients to choose between providers, and the Payment by Results tariff system that remunerates providers according to the number of patients treated, gives providers an incentive to offer high quality services to patients.

The CCP has been asked to review the commissioning and contracting practices adopted by PCTs in respect of patients who are entitled to be offered a choice of provider for their first outpatient appointment. The CCP has also been asked to assess the consistency of PCT contracting practices in relation to national choice policy and the relevant provisions of the Principles and Rules.

Concerns have been expressed about alleged behaviour which is inconsistent with national policy on Free Choice of elective care and the Principles and Rules. In the event that such concerns are justified the CCP has been asked to make recommendations to the Department of Health and Monitor that might be used to assist NHS organisations to improve commissioning and contracting practices.

To submit evidence, please reply to the email address: cases@ccpanel.gsi.gov.uk. Initial submissions should be received by 31 January 2011.