Health and Social Care Bill

223A: Clause 180, page 176, line 16, at end insert— ““( ) After Section 158 (Duty to consult Board in relation to regulations about patient information) insert the following new Section— ““Representation of Patients' Interests Healthwatch England (1) There shall be a body corporate known as Healthwatch England. (2) The primary duty of Healthwatch England shall be to represent the interests of patients and users of national health services and social care services (hereafter known as ““patients and users””) in relation to providers, regulators and the Secretary of State. (3) Healthwatch England shall be independent of any provider of national health or social care services or of any regulator of health or social care or of any other body established by this Act or otherwise. (4) Healthwatch England shall have the following functions— (a) to establish a local healthwatch organisation for each local authority area; (b) to provide each local healthwatch organisation with such resources as may be agreed by Healthwatch England; (c) to provide local healthwatch organisations with advice on, and assistance in relation to, their functions and on such other matters that Healthwatch England may determine; and (d) to provide relevant persons with information and advice on— (i) the views of people who use health and social care services and of other members of the public on their needs for, and experiences of, health and social care services; and (ii) the views of local healthwatch organisations and of other persons on the standard of provision of health and social care services and on whether or how the standard could or should be improved. (5) Relevant persons referred to in subsection (4)(d) are— (a) the Secretary of State; (b) the National Health Service Commissioning Board; (c) the Care Quality Commission; (d) Monitor; and (e) English local authorities. (6) A person provided with advice under subsection (4)(d) must inform Healthwatch England in writing of his or her response or proposed response to the advice. (7) Healthwatch England shall in addition have powers of investigation as prescribed in subsections (8) and (9) and powers to require disclosure of information as prescribed in subsection (6). (8) Healthwatch England may investigate— (a) a complaint made by or on behalf of a patient or user or a local healthwatch organisation which appears to the Board to raise one or more issues of general relevance; or (b) any matter which appears to the Board of Healthwatch UK to be or be related to a problem which affects or may affect patients or users generally or patients or users of a particular description. (9) For the purposes of subsection (8) a complaint raises an issue of general relevance if it raises— (a) a novel issue which affects or may affect patients or users in general or patients or users of a particular description, or (b) any other issue which has or may have an important effect on patients or users generally or patients or users of a particular description. (10) Healthwatch England may by notice require a person within subsection (11) to supply it with such information as is specified or described in the notice within a reasonable period as is so specified and the information so specified or described must be information that Healthwatch England requires for the purpose of exercising its function. (11) The persons referred to in subsection (6) are— (a) any provider of health or social care services licensed by the Care Quality Commission and Monitor under the provisions of this Act; (b) the National Health Service Commissioning Board; (c) Monitor; (d) Care Quality Commission; and (e) any other person specified or of a description specified by the Secretary of State. (12) If a person within subsection (11) fails to comply with a notice under subsection (10) the person must, if so required, give notice to Healthwatch England of the reason for the failure and if that reason for failure is not acceptable to the Board of Healthwatch England then the Board of Healthwatch England may take steps to publish the notice and the reasons for failure provided or to seek enforcement of the said notice through the courts. (13) Healthwatch England must publish details of arrangements it makes under this section, including details of payments of remuneration or other amounts. (14) In performing functions under this section, Healthwatch England must have regard to such aspects of Government policy as the Secretary of State may direct. (15) As soon as possible after the end of each financial year, Healthwatch England must publish a report on the way in which it has exercised its functions during the year. (16) Healthwatch England must— (a) lay before Parliament a copy of each report made under subsection (15); and (b) send a copy of each such report to the Secretary of State. (17) Healthwatch England may publish other reports at such times, and on such matters relating to health or social care, as it deems appropriate. (18) Before publishing a report under subsection (15) or (17), Healthwatch England must, so far as practicable, exclude any matter which relates to the private affairs of an individual, the publication of which, in its opinion, would or might seriously and prejudicially affect that individual's interests. (19) In this section ““financial year”” means— (a) the period beginning with the date on which Healthwatch England is appointed and ending with the following 31 March, and (b) each successive period of 12 months ending with 31 March.””.””