Preparing for GP Commissioning: Legal & Commercial Issues

As GPs prepare to climb into the NHS commissioning driving seat some “rules of the road” have been flagged by specialist lawyers to help them negotiate the potential obstacles of contracts, competition, governance, quality standards and financial probity.

The Government spelt out plans in its White Paper – “Equity and Excellence: Liberating the NHS” in July to shift decision making closer to point-of-use handing the responsibility and ability to commission services to local consortia of GP practices.

TPP Law, a firm experienced in advising on the effective delivery of health services against the backcloth of a reforming agenda, has produced a special report looking in detail at the legal and commercial considerations GPs must address. The report draws on the lessons of the recent past to highlight critical issues that may stand in the way of success.

Mark Johnson, managing director of TPP Law, said:

"GPs are being handed a tremendous opportunity to shape the healthcare their patients receive so that services respond to local needs rather than national blueprints. GP consortia are being encouraged to take on these new responsibilities as rapidly as possible."

"With opportunity comes risk and challenge, though. If GPs fail to anticipate and address these at the outset, they risk saddling themselves with unwieldy structures incapable of effective delivery. They will be treading new ground but there is a wealth of experience to draw on from Primary Care Trusts and Practice Based Commissioning to help them on their way."

"Our Special Report provides a very practical insight into many of the issues to be addressed, where things have gone wrong or proved difficult in the past and how best to identify the operating model most likely to deliver success for all concerned."

Key issues addressed in TPP Law’s “Preparing for GP Commissioning – Legal and Commercial Issues” are:

  • Lessons learned from Practice Based Commissioning
  • Choosing the right governance structure
  • Managing conflicts of interest
  • Working with partners
  • The Business Plan and Managing Risk

Download the report