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Health Fees - Various: Approval of increases above 2.5% to support establishment of a Care Commission

A formal published “Ministerial Decision” is required as a record of the decision of a Minister (or an Assistant Minister where they have delegated authority) as they exercise their responsibilities and powers.

Ministers are elected by the States Assembly and have legal responsibilities and powers as “corporation sole” under the States of Jersey Law 2005 by virtue of their office and in their areas of responsibility, including entering into agreements, and under any legislation conferring on them powers.

An accurate record of “Ministerial Decisions” is vital to effective governance, including:

  • demonstrating that good governance, and clear lines of accountability and authority, are in place around decisions-making – including the reasons and basis on which a decision is made, and the action required to implement a decision

  • providing a record of decisions and actions that will be available for examination by States Members, and Panels and Committees of the States Assembly; the public, organisations, and the media; and as a historical record and point of reference for the conduct of public affairs

Ministers are individually accountable to the States Assembly, including for the actions of the departments and agencies which discharge their responsibilities.

The Freedom of Information Law (Jersey) Law 2011 is used as a guide when determining what information is be published. While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.

A decision made 16 November 2015:

Decision Reference:  MD-TR-2015-0121

Decision Summary Title:

Fee increases to support establishment of a Care Commission

Date of Decision Summary:

11th November 2015

Decision Summary Author:

Head of Decision Support

Decision Summary:

Public or Exempt?

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

 

Written Report

Title:

Fee increases to support establishment of a Care Commission

Date of Written Report:

11th November 2015

Written Report Author:

Head of Professional and Care Regulation

Written Report :

Public or Exempt?

Public

Subject: Fee increases above the 2.5% anti-inflationary target to support the establishment of a Care Commission.

Decision(s):

The Treasury & Resources Minister approved the fee increases above the 2.5% anti-inflationary target to support the establishment of a Care Commission.

 

These increases relate to fees prescribed under: Nursing and Mental Nursing Homes (General Provisions) (Jersey) Order 1995; Residential Homes (General Provisions) (Jersey) Order 1995; Nursing Agencies (General Provisions) (Jersey) Order 1978; Piercing and Tattooing (Jersey) Law 2002.

 

Reason(s) for Decision:  

The States, in adopting the Anti-Inflation Strategy (P.125/2000), agreed that increases in States charges should be limited to a maximum of 2.5% a year, with any exceptions, in extremely compelling cases only, to be subject to prior approval by the Minister for Treasury and Resources.

 

The Regulation of Care (Jersey) Law 2014 provides for the establishment of a Health and Social Care Commission to oversee the regulation of health and social care activities on the Island. The Commission must be appointed in shadow form before that Law can be fully implemented.

 

The costs associated with establishing a shadow Commission in 2016 are £27,770. These costs, like all additional costs associated with the new regulatory regime, must be met through fees paid by regulated services, providing that these fees are proportionate (in accordance with the States decision in relation to P94/2014).

 

The fees currently charged by the Health and Social Services Minister under the Nursing and Mental Nursing Homes (General Provisions) (Jersey) Order 1995; Residential Homes (General Provisions) (Jersey) Order 1995; Nursing Agencies (General Provisions) (Jersey) Order 1978 are therefore to be increased. In addition, registration and renewal fees will be levied for the first time under the Piercing and Tattooing (Jersey) Law 2002.

 

The fee increases as set out on the attached report are significantly more than 2.5% however they are still proportionate in that:

  • whilst they help meet the additional costs incurred by the shadow Commission they do not cover the full cost of regulatory services, the majority of which is still borne by the States of Jersey;
  • the fees for tattooing and piecing are comparable with the mid-range of fees charged by UK local authorities and the fees charged to other agencies and practitioners remain significantly below UK fees.

Resource Implications: There are no known resource implications for the States of Jersey.

 

Action required: Head of Decision Support to advise the Head of Professional and Care Regulation once the decision has been approved.  

Signature:

 

 

 

 

Position: Senator A J H Maclean, Minister for Treasury and Resources

 

                 

 

Date Signed:

Date of Decision:

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