10 May 2018
'NHS Law and Practice … is truly a ground-breaking book … there has until now been nothing remotely comparable to this book or focusing on the very important topics with which NHS Law and Practice is concerned… No-one, within or outside the NHS, who needs to understand the legal structures and frameworks within which the NHS operates can afford to be without it.' Sir James Munby, President of the Family Division, from his foreword.
'One of the reasons that Alex has been failing to review this properly is because it is never on his desk in Chambers, doing the rounds continuously amongst colleagues who need to get a quick and reliable answer to one of the inordinately complicated questions that always seem to arise in the context of the law of the NHS. It is a book that does LAG, and the authors, proud.’ Alex Ruck Keene, Mental Capacity Reports
Although the National Health Service is perhaps the most important public service provided by the British state, its complex structures can make it the most difficult public service to understand. There is no single public body called the ‘National Health Service’ and no single legal regime that governs how NHS bodies should operate. Instead, the NHS is made up of a complex network of public bodies which operate as commissioners of NHS services who contract with NHS trusts, NHS foundation trusts, private businesses and charities that all provide medical, dental and other services to NHS patients. The NHS ‘managed market’ is overseen by both economic and care quality regulators. The rules under which commissioners, providers and regulators operate are both inaccessible and of such complexity that they can be impenetrable for even the most specialist lawyers.
NHS Law and Practice is the first book to describe the large and complex legal structures of the modern NHS. It explains the legal relationships between NHS commissioners and primary care, community and acute providers of NHS services, as well as explaining the structure of NHS regulation. This book provides a detailed guide to enforcing patients’ legal rights around NHS Continuing Healthcare, patient choice and the rules around NHS personal budgets..
∙ Introduction to legal structures of the NHS ∙ The purpose and effect of the NHS Constitution ∙ The powers and duties of the secretary of state ∙ The powers and duties of NHS England ∙ The powers and duties of clinical commissioning groups ∙ Public health ∙ NHS provider trusts ∙ Regulation of the NHS ∙ Commissioning NHS services ∙ NHS acute care contracting ∙ Primary medical care contracting ∙ Patient choice ∙ The responsible commissioner ∙ Direct payments and personal health budgets ∙ Who can access NHS care: charges for overseas visitors ∙ NHS Continuing Healthcare and NHS-funded nursing care ∙ Reconfiguration of NHS services ∙ GP practice management ∙ Community dental services ∙ Complaints and the Health Service Commissioner ∙ The impact of procurement law within the NHS
Edited and written by a team of specialist lawyers whose involvement with NHS law and many of the leading cases over decades has given them unrivalled expertise in NHS and healthcare law. This book will be an essential text for anyone who needs to understand how the legal structures of the NHS currently operate and how they should operate.