Service Agreement between the Minister for Health and Social Services, and Jersey Doctors on Call

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A decision made (11/04/2006) regarding Service Agreement between the Minister for Health and Social Services, and Jersey Doctors on Call.

Subject:	Service Agreement between the Minister for Health and Social Services and Jersey Doctors on Call
Decision Reference:	MD-HSS-2006-0024		Exempt clause(s):	n/a
Type of Report: (oral or written)	Written		Person Giving Report (if oral):	-
Telephone or e-mail Meeting?	-		Report File ref:	(To insert)
Written report – Title	Service Agreement between the Minister for Health and Social Services and Jersey Doctors on Call
Written report – Author (name and job title)	Andrew Bannister, Corporate Planning and Performance Management.
Decision(s): To authorise the Service Agreement between the Minister for Health and Social Services and Jersey Doctors on Call. To review the Agreement not later than 6 months from 3rd April 2006.
Reason(s) for decision: The Minister and the Contractor have agreed to enter into an Agreement for the provision of services (Out of Hours Services) to Patients on the terms and conditions specified in the Service Agreement.
Action required: Implement Service Agreement effective from 3 April 2006.
Signature: (Minister/ Assistant Minister)		Date of Decision: 11 April 2006

Service Agreement between the Minister for Health and Social Services, and Jersey Doctors on Call

SERVICE AGREEMENT

BETWEEN

THE MINISTER FOR HEALTH AND SOCIAL SERVICES

AND

JERSEY DOCTORS on CALL

30 March 2006

CONTENTS

1. Definitions and Interpretation	3
2. Commencement and Duration	4
3. Review	4
4. Services	4
5. Clinical Governance	5
6. Service improvement	6
7. Information requirements	6
8. Payment / Funding	7
9. Service Price	7
10. Service variation	7
11. Serious untoward incidents and adverse patient incidents	7
12. Financial information	7
13. Representatives	7
14. Default	8
15. Termination	8
16. Discrimination	8
17. Data protection and confidentiality	8
18. Indemnity and clinical negligence	8
19. Assignment	8
20. Entire agreement	9
21. Law	9
Schedule 1	10
Schedule 2	10
Appendix 1 – Licence of premises	11

THIS AGREEMENT is made the 30 March 2006 .

BETWEEN:

(1) The Minister for Health and Social Services (Minister)

(2) Jersey Doctors on Call (Contractor)

BACKGROUND

A) The Minister and the Contractor have agreed to enter into an Agreement for the provision of services to Patients on the terms and conditions specified below.

1. DEFINITIONS AND INTERPRETATION

1.1 In this Agreement unless the context otherwise requires, the following terms have the following meanings:

“Adverse Patient Incident” any event or circumstance that could have or did lead to unintended or unexpected injury (physical or psychological), disease, suffering, disability, death, loss or damage to a Patient;

“Agreement” this Contract together with any Schedules;

the headings in the Agreement are inserted for convenience only and do not affect the construction or interpretation of the Agreement;

“Clinical Governance” a framework through which the Contractor endeavours continuously to improve the quality of its services and safeguard high standards of care by creating an environment in which clinical excellence can flourish;

“Commencement Date” 03/04/2006;

“Patient” a person who receives treatment or care from the Contractor as part of the provision of the Out of Hours Services;

“Out of Hours Period” Out of Hours Period;

(a) beginning at 6.00pm on any day from Monday to Sunday inclusive and ending at 8.00am on the following day;

(b) between 10.00am and 12noon on Sunday

“Out of Hours Services” services required to be provided which would be deemed to be essential services if provided by a general practitioner in core hours;

“Serious Untoward Incident” an accident or incident where a patient, member of staff, or member of the public suffers serious injury, major permanent harm or unexpected death likely to cause significant public concern;

“Staff” includes those contracted (General Practitioners) by the Contractor in the provision of Out of Hours Services.

1.2 The headings in this Agreement are inserted for convenience only and shall not affect its interpretation or construction.

1.3 Reference to any statute or statutory provision includes a reference to that statute or statutory provision as from time to time amended, extended, re-enacted or consolidated (whether before or after the date of the Agreement), and all statutory instruments or orders made pursuant to it.

1.4 Any obligation relating to the completion and submission of any form that the Contractor is required to complete and submit to the Minister includes the obligation to complete and submit the form in such a format or formats (electronic, paper or otherwise) as the Minister may reasonably specify.

1.5 The Agreement is a contract for the provision of services. The Contractor is an independent provider of services and is not an employee, partner or agent of the Minister. The Contractor must not represent or conduct its activities so as to give the impression that it is the employee, partner or agent of the Minister.

2. COMMENCEMENT AND DURATION

2.1 This Agreement takes effect from the Commencement Date and shall expire on 02/04/2007 subject to earlier termination in accordance with clause 15.

3. REVIEW

3.1 The Minister and Contractor shall review the content of the Agreement annually or such other time as agreed to agree service requirements for each subsequent year of the Agreement following the first year, such reviews to also include reviews on service range, activity, resources and payment mechanisms.

4. SERVICES

4.1 The Minister and Contractor agree to provide the Out of Hours Services to the Patient during the Out of Hours Period upon the terms and conditions and in the manner set out in this Agreement.

4.2 The Contractor will provide an “Out of Hours” service to all patients who require such services.

4.3 The Minister will provide the following services -

4.3.1 Transport

(i) Driver, equipped vehicle Saturday 12noon - 6.00pm

Sunday 8.00am - 6.00pm

Bank Holiday 8.00am - 6.00pm

(ii) Equipped car only Monday to Sunday 6.30pm - 8.00am

Except – to be purchased by the Contractor at cost -

(iii) Driver Monday to Sunday 6.30pm - 8.00am

4.3.2 Premises -

(i) the address of the premises to be used by the Contractor for the provision of Out of Hours Services under the agreement shall be detailed in Schedule 1 .

(ii) the Minister shall ensure that premises used for the provision of services under the Agreement are in all ways suitable for the delivery of the Out of Hours Services; and sufficient to meet the reasonable needs of the Contractors and the patients.

4.3.3 Receptionist -

(i) a receptionist will be provided to take bookings, meet patients and maintain patient notes etc.

4.3.4 Accounts reconciliation clerk -

(i) an accounts reconciliation clerk will be provided to ensure that the income from patients is directed to the specific GP/GP practice as appropriate, and compile appropriate activity data.

4.3.4 ICT systems support will be -

(i) a computerised support system to collate activity and charging data.

(ii) a record voice mail system between GP and patient and vice versa.

5. CLINICAL GOVERNANCE

5.1 The Contractor shall -

5.1.1 ensure that it has in place a Clinical Governance Framework to endeavour to continuously improve the quality of its services and safeguard high standards of care.

5.1.2 nominate a person who will have responsibility for ensuring the effective operation of the system of Clinical Governance. The person nominated shall be a person who performs or manages Out of Hours Services under the Agreement.

5.2 The Contractor shall carry out the Out of Hours Services in accordance with best practice in health care and shall endeavour to comply with the standards and recommendations -

5.2.1 contained in” National Quality Requirements in the Delivery of Out of Hours Services”, published October 2004 by the DoH England (as amended by the Contractor in agreement with the Minister) from time to time and any subsequent revisions of the same or documents that supersede them.

5.2.2 issued by the National Institute of Clinical Excellence.

5.2.3 issued by any relevant professional body.

5.2.4 arising from any audit and any Patient Adverse Incident or any Serious Untoward Incident.

And such other quality standards and recommendations from time to time agreed in writing between the Parties hereto.

5.3 The Contractor shall ensure that -

5.3.1 Staff contracted (General Practitioners) by the Contractor are informed and aware of the standard of performance they are required to provide and are able to meet that standard.

5.3.2 the adherence of the Contractor Staff to such standards of performance is routinely monitored and that remedial action is promptly taken where such standards are not attained.

5.4 The Contractor shall upon reasonable request provide the Minister with the results of any audit, evaluation, inspection, investigation or research undertaken by or on behalf of the Contractor or any third party of the quality of any or all of the Out of Hours Services carried out by the Contractor.

5.5 Without prejudice to any other remedy available to the Minister under the terms of the Agreement, where in the Ministers reasonable opinion the Contractor has failed to meet any aspect of the quality standards required in the Agreement, the Minister may require an immediate meeting with the Contractor with a view to discussing the failure and agreeing reasonable appropriate corrective action to remedy such failure.

6. SERVICE IMPROVEMENT

6.1 The Minister and Contractor both wish to encourage the improvement of the Out of Hours Services, quality, information provision and service environment. Both parties shall agree a service review undertaken 10 months from the Commencement date to identify, timetable and set out resourcing and responsibilities for service improvement and the introduction of new procedures that will benefit patients and increase efficiency.

7. INFORMATION REQUIREMENTS

7.1 Both parties acknowledge that in order for the parties to achieve accurate forecasting, activity monitoring and prompt and accurate funding for the Out of Hours Services, there needs to be timely regular exchange of detailed and accurate information and accordingly the Contractor shall submit to the Minister all that information reasonably required by the Minister and in such form as required by the Minister. The information shall be sent to the nominated officer of the Minister.

8. PAYMENT/ FUNDING

8.1 Subject to the Contractor meeting the terms of the Agreement, the Minister will meet the costs of the services stipulated under paragraph 4.3.

9. SERVICE PRICE

9.1 The price for services shall be fixed by agreement between the Minister and the Contractor annually. Service prices are listed in schedule 2.

10. SERVICE VARIATIONS

10.1 This Agreement may not be varied except by an agreement in writing signed by duly authorised representatives of the parties.

11. SERIOUS UNTOWARD INCIDENTS & ADVERSE PATIENT INCIDENTS

11.1 The Contractor shall immediately report any Serious Untoward Incident and / or Adverse Patient Incident to the Minister and shall provide all reasonable assistance to the Minister in investigating and handling the incident.

12. FINANCIAL INFORMATION

12.1 The Contractor shall maintain accurate accounts and records of all payments, receipts and other financial information relevant to the provision of the Out of Hours Services (collectively referred to as "Financial Records").

12.2 The Minister shall have the right to appoint and pay for an independent third party auditor (“Auditor”) if the Minister shall be in possession of reasonable evidence giving reasonable cause for concern in relation to the Financial Records. The Auditor shall have the right to inspect the Financial Records for such period as reasonably required. The Contractor shall allow the auditor and his authorised agents the right of reasonable access to (and, the right to take copies of) the records, books of account and other sources of relevant information comprising the Financial Records.

12.3 This clause 12 shall survive the termination or expiry of this Agreement for a period of one year.

13. REPRESENTATIVES

13.1 For the life of this Agreement the Contractor shall appoint a representative (and shall promptly notify any change in the identity of such authorised officer to the Minister in writing) who shall be the key point of contact at the Contractor for the Minister to whom the Minister may refer all queries and day to day communications regarding the operation of this Agreement in the first instance.

13.2 For the life of this Agreement the Minister shall appoint a representative (and shall promptly notify any change in the identity of such representative to the Contractor in writing) who shall be the key point of contact at the Minister for the Contractor to whom the Contractor may refer all queries and day to day communications regarding the operation of this Agreement in the first instance.

14. DEFAULT

14.1 If the Contractor is unable to provide any part of the Out of Hours Services within this agreement contact should be made without delay with the signatories of the service Agreement.

15. TERMINATION

15.1 Either Party may terminate this Agreement upon giving 6 months written notice to the other. For the avoidance of doubt, the Minister shall not be liable in damages to the Contractor should it decide to exercise this right of termination.

15.2 In exercising its discretion to terminate the Agreement, the Minister shall take into account the best interests of the public (which may include consideration of criteria such as quality, efficiency, sustainability and value for money).

15.3 In the event of the termination of the Agreement by either party, the General Practitioners, Out of Hours Services would revert to the arrangement that existed immediately before the formal acceptance of the proposed Agreement.

16. DISCRIMINATION

16.1 Neither party shall discriminate unlawfully within the meaning and scope of any law, enactment, order, regulation or similar instrument relating to discrimination (whether in relation to race, gender, disability, religion or otherwise) in employment or performance of the Services and both parties shall take all reasonable steps to ensure the observance of this clause by all members of the parties personnel and by all contractors and subcontractors of the parties.

17. DATA PROTECTION AND CONFIDENTIALITY

17.1 Both parties acknowledge their respective duties under the Data Protection (Jersey) Law 2005 as applicable and hereby confirm they will comply fully with the said Laws and shall give all reasonable assistance to each other where appropriate or necessary to comply with any obligations arising under the said Laws. The Contractor is for the purposes of the said Laws, the data controller for all personal information processed as a result of this agreement. The Minister is responsible for the technical and organisational security of the data which will be held on the premises and must ensure the data is not used or disclosed for any purpose outside this agreement except on the written instructions from the Contractor.

18. INDEMNITY & CLINICAL NEGLIGENCE

18.1 The Contractor is responsible for meeting any claims arising from the provision of the Out of Hours Services and from accident or negligence.

18.2 The Minister expects the Contractor to have membership of a specialist association to ensure adequate cover in the event of a successful claim.

19. ASSIGNMENT

19.1 Neither party may assign, delegate, sub-contract, transfer, charge or otherwise dispose of all or any of its rights or obligations under this Agreement without the prior written consent of the other party.

20. ENTIRE AGREEMENT

20.1 This Agreement constitutes the entire agreement and understanding of the parties.

21. LAW

21.1 The Agreement shall be construed as a Contract made in Jersey and subject to Jersey Law.

IN WITNESS WHEREOF the parties have signed this Agreement on the date first shown above.

Signed by )

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For and on behalf of )

The Minister )

Signed by: )

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The Contractor )

Schedule 1

Old Dental Department, ground floor, Gwyneth Huelin Wing, General Hospital, Gloucester Street entrance.

Schedule 2

Service Price

1. Surgery visit £40

2. Home visit between 6pm to 11pm £80.16

3. Home visit between 11pm to 8am £100.72

4. Home visit Saturday between 12mid -day to 6pm £80.16

5. Home visit Sunday between 8am to 6pm £80.16

Appendix 1 – Licence to use premises

The Minister grants licence to use the premises detailed in Schedule 1 for the provision of Out of Hours Services under the terms of this agreement.

IN WITNESS WHEREOF the parties have signed this Agreement on the date first shown above.

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For and on behalf of )

The Minister )

Signed by: )

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The Contractor )