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    Rights statement: The final, definitive version of this article has been published in the Journal, Legal Studies, 39 (3), pp 479-498 2019, © 2019 Cambridge University Press.

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Between 'Going Private' and 'NHS Privatisation': Patient choice, competition reforms and the relationship between the NHS and private healthcare in England

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Between 'Going Private' and 'NHS Privatisation' : Patient choice, competition reforms and the relationship between the NHS and private healthcare in England. / Guy, Mary.

In: Legal Studies, Vol. 39, No. 3, 01.09.2019, p. 479-498.

Research output: Contribution to Journal/MagazineJournal articlepeer-review

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@article{d130757a78d9478b901f4f7a932c1cbf,
title = "Between 'Going Private' and 'NHS Privatisation': Patient choice, competition reforms and the relationship between the NHS and private healthcare in England",
abstract = "Patient choice in the context of National Health Service (NHS) reforms in England can refer to the law and policy underpinning patient movement between the NHS and private healthcare sector (in existence since the introduction of the NHS in 1948), as well as recent competition reforms of the Health and Social Care Act 2012, the National Health Service (Procurement, Patient Choice and Competition) Regulations (No.2) 2013 and the 2014 Private Healthcare Market Investigation by the Competition and Markets Authority (CMA). This article highlights the existence of two discrete, yet related frameworks: the {\textquoteleft}NHS patient - private patient{\textquoteright} framework based on Department of Health, NHS England and latterly Clinical Commisiong Group policy, and the {\textquoteleft}NHS patient choice{\textquoteright} framework, derived from New Labour choice and competition policies and subsequently enshrined by the 2012 Act reforms. The juxtaposition of these frameworks underscores the symbiotic relationship between the NHS and private healthcare, which raises questions about the fitness for purpose of current policy. It also helps explain why the competition reforms are difficult to implement, and suggests that the knitting together of patient choice and competition may unravel following the 2012 Act reforms and CMA private healthcare market development.",
keywords = "Medical Law, NHS, Health and Social Care Act 2012, National Health Service (Procurement, Patient Choice and Competition) Regulations (No.2) 2013, Patient choice, competition",
author = "Mary Guy",
note = "The final, definitive version of this article has been published in the Journal, Legal Studies, 39 (3), pp 479-498 2019, {\textcopyright} 2019 Cambridge University Press.",
year = "2019",
month = sep,
day = "1",
doi = "10.1017/lst.2018.55",
language = "English",
volume = "39",
pages = "479--498",
journal = "Legal Studies",
issn = "0261-3875",
publisher = "Wiley-Blackwell",
number = "3",

}

RIS

TY - JOUR

T1 - Between 'Going Private' and 'NHS Privatisation'

T2 - Patient choice, competition reforms and the relationship between the NHS and private healthcare in England

AU - Guy, Mary

N1 - The final, definitive version of this article has been published in the Journal, Legal Studies, 39 (3), pp 479-498 2019, © 2019 Cambridge University Press.

PY - 2019/9/1

Y1 - 2019/9/1

N2 - Patient choice in the context of National Health Service (NHS) reforms in England can refer to the law and policy underpinning patient movement between the NHS and private healthcare sector (in existence since the introduction of the NHS in 1948), as well as recent competition reforms of the Health and Social Care Act 2012, the National Health Service (Procurement, Patient Choice and Competition) Regulations (No.2) 2013 and the 2014 Private Healthcare Market Investigation by the Competition and Markets Authority (CMA). This article highlights the existence of two discrete, yet related frameworks: the ‘NHS patient - private patient’ framework based on Department of Health, NHS England and latterly Clinical Commisiong Group policy, and the ‘NHS patient choice’ framework, derived from New Labour choice and competition policies and subsequently enshrined by the 2012 Act reforms. The juxtaposition of these frameworks underscores the symbiotic relationship between the NHS and private healthcare, which raises questions about the fitness for purpose of current policy. It also helps explain why the competition reforms are difficult to implement, and suggests that the knitting together of patient choice and competition may unravel following the 2012 Act reforms and CMA private healthcare market development.

AB - Patient choice in the context of National Health Service (NHS) reforms in England can refer to the law and policy underpinning patient movement between the NHS and private healthcare sector (in existence since the introduction of the NHS in 1948), as well as recent competition reforms of the Health and Social Care Act 2012, the National Health Service (Procurement, Patient Choice and Competition) Regulations (No.2) 2013 and the 2014 Private Healthcare Market Investigation by the Competition and Markets Authority (CMA). This article highlights the existence of two discrete, yet related frameworks: the ‘NHS patient - private patient’ framework based on Department of Health, NHS England and latterly Clinical Commisiong Group policy, and the ‘NHS patient choice’ framework, derived from New Labour choice and competition policies and subsequently enshrined by the 2012 Act reforms. The juxtaposition of these frameworks underscores the symbiotic relationship between the NHS and private healthcare, which raises questions about the fitness for purpose of current policy. It also helps explain why the competition reforms are difficult to implement, and suggests that the knitting together of patient choice and competition may unravel following the 2012 Act reforms and CMA private healthcare market development.

KW - Medical Law

KW - NHS

KW - Health and Social Care Act 2012

KW - National Health Service (Procurement, Patient Choice and Competition) Regulations (No.2) 2013

KW - Patient choice

KW - competition

U2 - 10.1017/lst.2018.55

DO - 10.1017/lst.2018.55

M3 - Journal article

VL - 39

SP - 479

EP - 498

JO - Legal Studies

JF - Legal Studies

SN - 0261-3875

IS - 3

ER -