NHS Standard Contract 2023/24

Particulars (Shorter Form)

Version 1, March 2023

Contract title / ref:

North Yorkshire Hospice Care

(Saint Michael's Hospice)

Ref: C206158

Prepared by:             NHS Standard Contract Team, NHS England

england.contractshelp@nhs.net

(please do not send contracts to this email address)

Contract Reference	C206158
DATE OF CONTRACT	1 April 2023
SERVICE COMMENCEMENT DATE	1 April 2023
CONTRACT TERM	12 months commencing 1 April 2023
COMMISSIONERS	NHS Humber and North Yorkshire ICB (ODS 42D)
CO-ORDINATING Commissioner See GC10	NHS Humber and North Yorkshire ICB (ODS Q0Q) Health House, Grange Park Lane, Willerby, Hull. HU10 6DT
PROVIDER	North Yorkshire Hospice Care Principal and/or registered office address: Crimple House Hornbeam Park Avenue Harrogate HG2 8NA Company number: 2121179 Registered Charity: 518905

CONTENTS

PARTICULARS

SCHEDULES

SCHEDULE 1 – SERVICE COMMENCEMENT AND CONTRACT TERM (Schedule 1B Intentionally Omitted)

A.        Conditions Precedent

C.        Extension of Contract Term

SCHEDULE 2 – THE SERVICES(Schedule 2C, 2E, 2F, 2H, 2I Intentionally Omitted)

A.        Service Specifications

Ai.       Service Specifications – Enhanced Health in Care Homes

B.        Indicative Activity Plan

D.        Essential Services (NHS Trusts only)

G.        Other Local Agreements, Policies and Procedures

J.         Transfer of and Discharge from Care Protocols

K.        Safeguarding Policies and Mental Capacity Act Policies

SCHEDULE 3 – PAYMENT (Schedule 3A Intentionally Omitted)

B.        Locally Agreed Adjustments to NHS Payment Scheme Unit Prices

C.        Local Prices

D.        Expected Annual Contract Values

SCHEDULE 4 – LOCAL QUALITY REQUIREMENTS

SCHEDULE 5 – INTENTIONALLY OMITTED

SCHEDULE 6 – CONTRACT MANAGEMENT, REPORTING AND INFORMATION REQUIREMENTS (Schedules 6B, 6C, 6D Intentionally Omitted)

A.        Reporting Requirements

E.        Provider Data Processing Agreement

SCHEDULE 7 – PENSIONS

SCHEDULE 8 – TUPE

SERVICE CONDITIONS

(Service Conditions 7, 9, 14, 19-20, 22, 26-27, 31 intentionally omitted)

SC1    Compliance with the Law and the NHS Constitution

SC2    Regulatory Requirements

SC3    Service Standards

SC4    Co-operation

SC5    Commissioner Requested Services/Essential Services

SC6    Choice and Referrals

SC8    Making Every Contact Count and Self Care

SC10  Personalised Care

SC11  Transfer of and Discharge from Care

SC12  Communicating With and Involving Service Users, Public and Staff

SC13  Equity of Access, Equality and Non-Discrimination

SC15  Urgent Access to Mental Health Care

SC16  Complaints

SC17  Services Environment and Equipment

SC18  Green NHS

SC21  Infection Prevention and Control

SC23  Service User Health Records

SC24  NHS Counter-Fraud Requirements

SC25  Other Local Agreements, Policies and Procedures

SC28  Information Requirements

SC29  Managing Activity and Referrals

SC30  Emergency Preparedness, Resilience and Response

SC32  Safeguarding Children and Adults

SC33  Patient Safety

SC34  End of Life Care

SC35  Duty of Candour

SC36  Payment Terms

SC37  Local Quality Requirements

ANNEX A      National Quality Requirements

GENERAL CONDITIONS

(General Conditions 6-7, 34-35 intentionally omitted)

GC1 Definitions and Interpretation

GC2    Effective Date and Duration

GC3 Service Commencement

GC4    Transition Period

GC5    Staff

GC8    Review

GC9    Contract Management

GC10  Co-ordinating Commissioner and Representatives

GC11  Liability and Indemnity

GC12  Assignment and Sub-Contracting

GC13  Variations

GC14  Dispute Resolution

GC15  Governance, Transaction Records and Audit

GC16  Suspension

GC17  Termination

GC18  Consequence of Expiry or Termination

GC19  Provisions Surviving Termination

GC20  Confidential Information of the Parties

GC21 Patient Confidentiality, Data Protection, Freedom of Information and     Transparency

GC22  Intellectual Property

GC23  NHS Identity, Marketing and Promotion

GC24  Change in Control

GC25  Warranties

GC26  Prohibited Acts

GC27  Conflicts of Interest and Transparency on Gifts and Hospitality

GC28  Force Majeure

GC29  Third Party Rights

GC30  Entire Contract

GC31  Severability

GC32  Waiver

GC33  Remedies

GC36  Notices

GC37  Costs and Expenses

GC38  Counterparts

GC39  Governing Law and Jurisdiction

Definitions and Interpretation

CONTRACT

Contract title:North Yorkshire Hospice Care (Saint Michael's Hospice)

Contract ref: C206158

This Contract records the agreement between the Commissioners and the Provider and comprises

1. these Particulars, as completed and agreed by the Parties and as varied from time to time in accordance with GC13 (Variations);

2. the Service Conditions (Shorter Form), as published by NHS England from time to time at: https://www.england.nhs.uk/nhs-standard-contract/;

3. the General Conditions (Shorter Form), as published by NHS England from time to time at: https://www.england.nhs.uk/nhs-standard-contract/.

Each Party acknowledges and agrees

(i)         that it accepts and will be bound by the Service Conditions and General Conditions as published by NHS England at the date of this Contract, and

(ii)       that it will accept and will be bound by the Service Conditions and General Conditions as from time to time updated, amended or replaced and published by, NHS England pursuant to its powers under regulation 17 of the National Health Service Commissioning Board and Clinical Commissioning Groups (Responsibilities and Standing Rules) Regulations 2012, with effect from the date of such publication. 

IN WITNESS OF WHICH the Parties have signed this Contract on the date(s) shown below

Signed by	Mark Bradley Director of Finance, North Yorkshire and York
for and on behalf of	NHS Humber and North Yorkshire Integrated Care Board (ICB) (sig)
Signature

Signed by	Tony Collins Chief Executive
for and on behalf of	North Yorkshire Hospice Care (sig)
Signature

SERVICE COMMENCEMENT AND CONTRACT TERM
Effective Date See GC2.1		1 April 2023
Expected Service Commencement Date See GC3.1		1 April 2023
Longstop Date See GC4.1		30 September 2023
Contract Term		12 months commencing 1 April 2023
Commissioner option to extend Contract Term See Schedule 1C, which applies only if YES is indicated here		NO
Notice Period (for termination under GC17.2)		3 months
SERVICES
Service Categories		Indicate all categories of service which the Provider is commissioned to provide under this Contract. Note that certain provisions of the Service Conditions and Annex A to the Service Conditions apply in respect of some service categories but not others.
Continuing Healthcare Services (including continuing care for children) (CHC)		No
Community Services (CS)		Yes
Diagnostic, Screening and/or Pathology Services (D)		No
End of Life Care Services (ELC)		Yes
Mental Health and Learning Disability Services (MH)		No
Patient Transport Services (non-emergency) (PT)		No
GOVERNANCE AND REGULATORY
Provider’s Nominated Individual	Tony Collins Email:  tcollins@saintmichaelshospice.org Tel: 01423 878184 (Ext: 1230)
Provider’s Information Governance Lead	Katie Freear Email:  kfreear@saintmichaelshospice.org Tel: 01423 876478
Provider’s Data Protection Officer (if required by Data Protection Legislation)	Emily Dobson Email: edobson@saintmichaelshospice.org Tel: 01423 876476 (Ext: 1103)
Provider’s Caldicott Guardian	Megan Itson Email: mitson@saintmichaelshospice.org Tel: 01423 878183 (Ext: 2090) Deputy: Dr Jenny Smith Email: jennysmith@saintmichaelshospice.org Tel: 01423 876089 (Ext: 1234)
Provider’s Senior Information Risk Owner	Emily Dobson Email: edobson@saintmichaelshospice.org Tel:  01423 876476 (Ext: 1103)
Provider’s Accountable Emergency Officer	Emily Dobson Email: edobson@saintmichaelshospice.org Tel:  01423 876476 (Ext: 1103)
Provider’s Safeguarding Lead (children) / named professional for safeguarding children	Megan Itson Email: mitson@saintmichaelshospice.org Tel: 01423 878183 (Ext: 2090)
Provider’s Safeguarding Lead (adults) / named professional for safeguarding adults	Megan Itson Email: mitson@saintmichaelshospice.org Tel: 01423 878183 (Ext: 2090)
Provider’s Child Sexual Abuse and Exploitation Lead	Jenna Collins Email: jcollins@justb.org.uk Tel: 07580 279857
Provider’s Mental Capacity and Liberty Protection Safeguards Lead	Dr Jenny Smith Email: jennysmith@saintmichaelshospice.org Tel: 01423 876089 (Ext: 1234)
Provider’s Freedom To Speak Up Guardian(s)	Megan Itson Email: mitson@saintmichaelshospice.org Tel: 01423 878183 (Ext: 2090)
CONTRACT MANAGEMENT
Addresses for service of Notices See GC36	Co-ordinating Commissioner:  NHS Humber and North Yorkshire Integrated Care Board (ICB) Name:  Mark Bradley, Place Based Finance Director (North Yorkshire and York) Address:  Health House, Grange Park Lane, Willerby, Hull. HU10 6DT Email: mark.bradley7@nhs.net Provider: North Yorkshire Hospice Care Address: Crimple House, Hornbeam Park Avenue, Harrogate, HG2 8NA Email: tcollins@saintmichaelshospice.org

Commissioner Representative(s) See GC10.2	Rachael Nice  Address: York Health and Care Partnership, West Offices, Station Rise, York, YO1 6GA Email: rachael.nice@nhs.net Tel: 07702 657459
Provider Representative See GC10.2	Tony Collins Address: Crimple House Hornbeam Park Avenue Harrogate HG2 8NA Email: tcollins@saintmichaelshospice.org Tel: 01423 878184

SCHEDULE 1 – SERVICE COMMENCEMENT

AND CONTRACT TERM

A. Conditions Precedent

The Provider must provide the Co-ordinating Commissioner with the following documents and complete the following actions:

1. Evidence of appropriate Indemnity Arrangements

2. Evidence of CQC registration (where required)

C. Extension of Contract Term

NOT APPLICABLE.

SCHEDULE 2 – THE SERVICES

A. Service Specifications

Lymphoedema
FastTrack	[Under review – Contract Variation to be actioned in-year to replace]
Pharmacy

SCHEDULE 2 – THE SERVICES

Ai. Service Specifications – Enhanced Health in Care Homes

NOT APPLICABLE

SCHEDULE 2 – THE SERVICES

B. Indicative Activity Plan

Based on an operational capacity of 28.5 hours per day and will be monitored / reviewed on a quarterly basis. The service will aim to deliver a 70:30 split between care and travel time which will be monitored monthly.

D. Essential Services (NHS Trusts only)

Not Applicable

G. Other Local Agreements, Policies and Procedures

Business Continuity Plan

J. Transfer of and Discharge from Care Protocols

K. Safeguarding Policies and Mental Capacity Act Policies

NHS HNY ICB Safeguarding Adults Policy
NHS HNY ICB Safeguarding Children Policy
Provider Policies
Safeguarding & Safety Policy
Safeguarding Policy - Children

SCHEDULE 3 – PAYMENT

B.        Locally Agreed Adjustments to NHS Payment Scheme Unit Prices

Not Applicable

C. Local Prices

Fast Track Services

£22.47 per hour for care provided and travel to, from and in between care provision.

This excludes up to the first twenty minutes* of each run** and up to the last twenty minutes* of each run** 

All mileage is charged at 45p per mile.

* If the journey to the first appointment is less than 20 minutes, we would not charge anything for that journey. If the first journey is more than 20 minutes, we would charge the time over and above 20 minutes. The same principle would apply for the final journey of the run.

**A run is defined as a set of visits given to an HCA in a day. This is designed to maximise effectiveness of time use and minimise travel costs.

D.   Expected Annual Contract Values

Activity Based/Cost per Case Contract.

Activity will be delivered in accordance with the local prices provided in Schedule 3C.

Chargeable activity for 2023/24 should not exceed:

Lymphoedema - £74,097

Fast Track - £285,821

Pharmacy is paid on a pass-through basis (indicative annual value £94,473 and reconciled quarterly).

Payment of Invoices

Invoicing will be on a quarterly basis.

Reference numbers for invoice:

North Yorkshire 'Place' – XXZIQMNY

Address for invoices:

NHS HUMBER & NORTH YORKSHIRE ICB

QOQ PAYABLES M835

PO BOX 312,

LEEDS,

WEST YORKSHIRE

LS11 1HP

SCHEDULE 4 – LOCAL QUALITY REQUIREMENTS

Quality Requirement	Threshold	Method of Measurement	Applicable Service Specification
Lymphoedema
All patients to have a care plan	100%	Quarterly Performance Report
Patient numbers to be collected at HaRD GP practice level.	100%	Quarterly Performance Report
Urgent patients to be seen within 2 weeks of referral	100%	Quarterly Performance Report
Non urgent patients to be seen within 8 - 12 weeks of receipt of referral.	95%	Quarterly Performance Report
FastTrack
Provider to be able to deliver up to 28.5 hours per day	80%	Quarterly Performance Report
The service will aim to deliver a 70:30 split between care and travel time.	Care time >70%	Monthly Report

SCHEDULE 6 – CONTRACT MANAGEMENT, REPORTING AND INFORMATION REQUIREMENTS

A. Reporting Requirements

	Reporting Period	Format of Report	Timing and Method for delivery of Report
National Requirements Reported Centrally
1. As specified in the Schedule of Approved Collections published at: https://digital.nhs.uk/isce/publication/nhs-standard-contract-approved-collections where mandated for and as applicable to the Provider and the Services	As set out in relevant Guidance	As set out in relevant Guidance	As set out in relevant Guidance
National Requirements Reported Locally
1. Activity and Finance Report (note that, if appropriately designed, this report may also serve as the reconciliation account to be sent by the Provider under SC36.11) · Number of patients rejected: o Reason (capacity / patient choice) o Provider of care · Number of patients accepted: o Secured within gold time frame (2hrs) o Secured within silver time frame 6hrs) · Number of care hours and cost per patient · Number of travel hours and cost per visit · Mileage and cost per visit · Total number of visits · Number of packages ended	Monthly	Monthly Report Format to be agreed with Commissioner	All reports to be sent via email to: hnyicb-voy.contracting@nhs.net By 15^th of the month
2. Service Quality Performance Report, detailing performance against National Quality Requirements, Local Quality Requirements and the duty of candour	Quarterly	Quarterly Report Example:	All reports to be sent via email to: hnyicb-voy.contracting@nhs.net
3. Complaints monitoring report, setting out numbers of complaints received and including analysis of key themes in content of complaints	Quarterly	Quarterly Report	All reports to be sent via email to: hnyicb-voy.contracting@nhs.net
4. Summary report of all incidents requiring reporting	Quarterly	Quarterly Report	All reports to be sent via email to: hnyicb-voy.contracting@nhs.net
Local Requirements Reported Locally
n/a			The Provider must submit any patient-identifiable data required in relation to Local Requirements Reported Locally via the Data Landing Portal in accordance with the Data Landing Portal Acceptable Use Statement. [Otherwise, for local agreement]

SCHEDULE 6 – CONTRACT MANAGEMENT, REPORTING AND INFORMATION REQUIREMENTS

E.        Provider Data Processing Agreement

Not Applicable

SCHEDULE 7 – PENSIONS

Not Applicable

SCHEDULE 8 – TUPE*

1. The Provider must comply and must ensure that any Sub-Contractor will comply with their respective obligations under TUPE and COSOP in relation to any persons who transfer to the employment of the Provider or that Sub-Contractor by operation of TUPE and/or COSOP as a result of this Contract or any Sub-Contract, and that the Provider or the relevant Sub-Contractor (as appropriate) will ensure a smooth transfer of those persons to its employment.  The Provider must indemnify and keep indemnified the Commissioners and any previous provider of services equivalent to the Services or any of them before the Service Commencement Date against any Losses in respect of:

1.1 any failure by the Provider and/or any Sub-Contractor to comply with its obligations under TUPE and/or COSOP in connection with any relevant transfer under TUPE and/or COSOP;

1.2 any claim by any person that any proposed or actual substantial change by the Provider and/or any Sub-Contractor to that person’s working conditions or any proposed measures on the part of the Provider and/or any Sub-Contractor are to that person’s detriment, whether that claim arises before or after the date of any relevant transfer under TUPE and/or COSOP to the Provider and/or Sub-Contractor; and/or

1.3 any claim by any person in relation to any breach of contract arising from any proposed measures on the part of the Provider and/or any Sub-Contractor, whether that claim arises before or after the date of any relevant transfer under TUPE and/or COSOP to the Provider and/or Sub-Contractor.

2. If the Co-ordinating Commissioner notifies the Provider that any Commissioner intends to conduct a process to select a provider of any Services, the Provider must within 20 Operational Days following written request (unless otherwise agreed in writing) provide the Co-ordinating Commissioner with anonymised details (as set out in Regulation 11(2) of TUPE but excluding the requirement to provide details of employee identity as set out in Regulation 11(2)(a)) of Staff engaged in the provision of the relevant Services who may be subject to TUPE.  The Provider must indemnify and keep indemnified the relevant Commissioner and, at the Co-ordinating Commissioner’s request, any new provider who provides any services equivalent to the Services or any of them after expiry or termination of this Contract or termination of a Service, against any Losses in respect any inaccuracy in or omission from the information provided under this Schedule.

3. During the 3 months immediately preceding the expiry of this Contract or at any time following a notice of termination of this Contract or of any Service being given, the Provider must not and must procure that its Sub-Contractors do not, without the prior written consent of the Co-ordinating Commissioner (that consent not to be unreasonably withheld or delayed), in relation to any persons engaged in the provision of the Services or the relevant Service:

3.1 terminate or give notice to terminate the employment of any person engaged in the provision of the Services or the relevant Service (other than for gross misconduct);

3.2 increase or reduce the total number of people employed or engaged in the provision of the Services or the relevant Service by the Provider and any Sub-Contractor by more than 5% (except in the ordinary course of business);

3.3 propose, make or promise to make any material change to the remuneration or other terms and conditions of employment of the individuals engaged in the provision of the Services or the relevant Service;

3.4 replace or relocate any persons engaged in the provision of the Services or the relevant Service or reassign any of them to duties unconnected with the Services or the relevant Service; and/or

3.5 assign or redeploy to the Services or the relevant Service any person who was not previously a member of Staff engaged in the provision of the Services or the relevant Service.

4. On termination or expiry of this Contract or of any Service for any reason, the Provider must indemnify and keep indemnified the relevant Commissioners and any new provider who provides any services equivalent to the Services or any of them after that expiry or termination against any Losses in respect of:

4.1 the employment or termination of employment of any person employed or engaged in the delivery of the relevant Services by the Provider and/or any Sub-Contractor before the expiry or termination of this Contract or of any Service which arise from the acts or omissions of the Provider and/or any Sub-Contractor;

4.2 claims brought by any other person employed or engaged by the Provider and/or any Sub-Contractor who is found to or is alleged to transfer to any Commissioner or new provider under TUPE and/or COSOP; and/or

4.3 any failure by the Provider and/or any Sub-Contractor to comply with its obligations under TUPE and/or COSOP in connection with any transfer to any Commissioner or new provider.

5. In this Schedule:

COSOP means the Cabinet Office Statement of Practice Staff Transfers in the Public Sector January 2000, available at https://www.gov.uk/government/publications/staff-transfers-in-the-public-sector

TUPE means the Transfer of Undertakings (Protection of Employment) Regulations 2006

*Note: it may in certain circumstances be appropriate to omit the text set out in paragraphs 1-5 above or to amend it to suit the circumstances - in particular, if the prospect of employees transferring either at the outset or on termination/expiry is extremely remote because their work in connection with the subject matter of the Contract will represent only a minor proportion of their workload. However, it is recommended that legal advice is taken before deleting or amending these provisions.

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