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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Research output: Contribution to Journal/Magazine › Journal article › peer-review
Research output: Contribution to Journal/Magazine › Journal article › peer-review
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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 -