For immediate release: Wednesday, 27 February 2019
Responding to the enabling regulations to implement the Government’s plans for a Clinical Negligence Scheme for General Practice in England, Chris Kenny, Chief Executive of MDDUS said:
“We welcome the long overdue appearance of these regulations to enable the operation of the new Scheme. We are also working with NHS Resolution to help in the preparation of more user friendly documentation for doctors.
“What the regulations show is how far the nationalised claims only product falls short of the integrated service currently offered by MDOs. In particular:
• Regulation 6 is permissive, not mandatory - the Secretary of State does not have to pay and could walk away from these commitments at any time. The Scheme therefore would not pass the regulatory tests which Government wants to impose on healthcare professionals in their consultation on regulation of indemnity
• Regulations 8 and 10 set out a range of exclusions and compliance rules on GPs which simply do not exist in MDDUS’ current Articles of Association. They add risk to GPs rather than provide certainty
• The text of the regulations also confirms that the Scheme will cover neither regulatory, disciplinary and medico-legal costs and support to GPs. That’s why we welcome the BMA’s support for the principle of continuing MDO membership. MDDUS will continue to be there offering these vital services to all our GP members.
“In short, the Government must keep rules and exclusions to a minimum and set out a clear process and timescale for evaluating the new Scheme given its unproven nature.”
Notes to Editors
The Regulations are contained in Statutory Instrument No 334, 2019 titled The National Health Service (Clinical Negligence Scheme for General Practice ) Regulations 2019, and the conditions referred to above are contained in paragraph 8. DHSC have published a consultation paper on Appropriate Clinical Negligence Cover which sets out proposal for regulation. MDDUS will comment shortly.
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