Moved by
Baroness Thornton
222: After Clause 80, insert the following new Clause—
“Cap on private charges
(1) Section 43 of the National Health Service Act 2006 is amended as follows.
(2) After subsection (2A) insert—
“(2B) An NHS foundation trust does not fulfil its principal purpose if in any financial year the proportion of the total income of the trust derived from private charges is greater than in the previous financial year unless—
(a) the appropriate integrated care boards and integrated care partnerships have been notified of the intention that this increase will occur;
(b) that intention has been published with a statement of the reasons why it is considered to benefit the NHS;
(c) the appropriate integrated care boards and integrated care partnerships have used reasonable endeavours to consider any responses to the publication mentioned in paragraph (b); and
(d) any integrated care board which has commissioned services from the trust, and the integrated care partnership for the board, have informed the NHS foundation trust that the proposed increase is justified.
(2C) For the purposes of subsection (2B) “private charges” means charges imposed in respect of goods and services provided to patients other than patients being provided with goods and services for the purposes of the health service.””
Member’s explanatory statement
The amendment prevents any Foundation Trust from increasing its income from private patients unless this is agreed by the relevant commissioning bodies and the appropriate integrated care partnerships.