Primary Care Commissioning Committee Terms of Reference FINAL March 2015
1. Introduction 1.1. Simon Stevens, the Chief Executive of NHS England, announced on 1 May 2014 that NHS England was inviting Clinical Commissioning Groups (CCGs) to expand their role in primary care commissioning and to submit expressions of interest setting out the CCG s preference for how it would like to exercise expanded primary medical care commissioning functions. One option available was that NHS England and CCGs would jointly commission primary medical services. 1.2. The NHS England and North East Hampshire and Farnham CCG Primary Care Commissioning Committee is a Committee with the principal purpose of jointly commissioning primary medical services for the people of North East Hampshire and Farnham. 2. Statutory Framework 2.1 The National Health Service Act 2006 (as amended) ( NHS Act ) provides, at section 13Z, that NHS England s functions may be exercised jointly with a CCG, and that functions exercised jointly in accordance with that section may be exercised by a joint committee of NHS England and the CCG. Section 13Z of the NHS Act further provides that arrangements made under that section may be on such terms and conditions as may be agreed between NHS England and the CCG. 3. Role and responsibilities of the Primary Care Commissioning Committee 3.1. The role of the Primary Care Commissioning Committee shall be to carry out the functions relating to the commissioning of primary medical services under section 83 of the NHS Act except those relating to individual GP performance management, which have been reserved to NHS England. The Committee will also perform functions which have been delegated to it under sections 3 and 3A of the NHS Act. 3.2. This includes the following activities: GMS, PMS and APMS contracts (including the design of PMS and APMS contracts, monitoring of contracts, taking contractual action such as issuing branch/remedial notices, and removing a contract); The management of existing and implementation of newly designed enhanced services ( Directed Enhanced Services ); Design of local primary care incentive schemes, such as alternatives to the Quality Outcomes Framework (QOF); Decision making on whether to establish new GP practices in an area; Approving practice mergers; and Making decisions on discretionary payments, such as returner/retainer schemes. 3.3 The Committee will be responsible for: Planning and carrying out needs assessments relating to primary care; Commissioning primary medical care services for the population of North East Hampshire and Farnham; Assessing the effectiveness of primary care services in meeting the strategic objectives of the CCG and NHS England; Co-ordinating a common approach to primary care commissioning; and Overseeing relevant NHS England budgets in respect to primary care commissioning.
3.4 In performing its role, the Primary Care Commissioning Committee will exercise its management of the functions in accordance with the agreement entered into between NHS England and North East Hampshire and Farnham CCG, which will sit alongside the delegation and terms of reference. 4. Geographical coverage 4.1. The Primary Care Commissioning Committee will comprise members of the NHS England Wessex Area Team and of the NHS North East Hampshire and Farnham CCG. It will undertake the function of jointly commissioning primary medical services for the North East Hampshire and Farnham population. 5. Membership 5.1. The Primary Care Commissioning Committee shall comprise: Role Organisation Position Chair CCG Lay Member (voting) Voting Committee member NHS England Director of Commissioning or deputy Head of Primary Care or deputy Director of Nursing or Director of Finance or deputy Voting Committee member CCG 2 of the following: Chief Officer Director of Delivery Director of Finance Director of Quality & Nursing Director of Strategy & Partnerships Non-voting attendees CCG Clinical Lead Governing Body GP Practice Council Chair Lay Member County Council Public Health representation 5.2. The Chair of the Primary Care Commissioning Committee shall be a Lay Member of the North East Hampshire and Farnham CCG. 5.3. In the event that the Chair is unable to attend the Committee, a deputy Chair will be nominated to attend. The deputy Chair will be a Lay Member of the North East Hampshire and Farnham CCG. 5.4. In addition the Committee may invite individuals to attend in a non-voting capacity. 5.5. Standing invitations will also be made to representatives of Hampshire and Surrey HealthWatch and of the Hampshire and Surrey Health and Wellbeing Boards.
6. Meetings and Voting 6.1. The Primary Care Commissioning Committee shall adopt the Standing Orders of North East Hampshire and Farnham CCG for: Notice of meetings; Handling of meetings; Agendas; and Circulation of papers. 6.2 All members will be required to declare their interests or any conflicts at each meeting in keeping with the Standards of Business Conduct and Conflicts of Interest Policy of the CCG. 6.3 Each of the six voting members of the Primary Care Commissioning Committee shall have one vote. The Primary Care Commissioning Committee shall reach decisions by a simple majority of members present. 6.4 In decisions related to the enacting of NHS England s statutory responsibilities, NHS England will have a casting vote. 6.5 In decisions related to the enacting of the CCG s statutory responsibilities, the CCG will have a casting vote. 6.6 In order to be quorate the Primary Care Commissioning Committee must be attended by: 2 voting members each from NHS England and North East Hampshire & Farnham CCG 6.7 The Committee will meet every two months, or more frequently as determined by the Chair. 6.8 Meetings of the Primary Care Commissioning Committee shall be held in public. However, the Committee may resolve to exclude the public from all or part of a meeting that is open to the public for reasons of confidentiality and for other reasons stated in the resolution. 6.9 Members of the Primary Care Commissioning Committee have a collective responsibility for the operation of the Committee. They will participate in discussion, review evidence and provide objective expert input to the best of their knowledge and ability, and endeavour to reach a collective view. 6.10 The Primary Care Commissioning Committee may call additional experts to attend meetings on an ad hoc basis to inform discussions including additional CCG Executives. 7. Secretariat provisions 7.1 The secretary to the Primary Care Commissioning Committee will: Circulate the minutes and action notes of the committee with seven working days of the meeting to all members; and Present the minutes and action notes to the Wessex Area Team of NHS England and the Governing Body of North East Hampshire and Farnham CCG.
7.2 The Committee will produce a summary report for the Wessex Area Team of NHS England and the Governing Body of North East Hampshire and Farnham CCG, following each meeting, for information. 8. Information Governance 8.1 The Committee may utilise any relevant information in relation to its remit within the Information Governance Policy of the CCG, including conformity with Caldicott requirements. 9. Decisions 9.1 The decisions of the Primary Care Commissioning Committee shall be binding on NHS England and North East Hampshire and Farnham CCG. 9.2 Decisions will be published by both NHS England and North East Hampshire and Farnham CCG. 10. Review of Terms of Reference 10.1 The Terms of Reference may be modified at any time with agreement of both NHS England and the CCG. [Signature provisions] Schedule 2 - List of Members populate once membership agreed]