Health and Social Care Bill — Report (3rd Day) — Relevant documents: 18th and 22nd Reports from the Constitution Committee — 27 Feb 2012 at 16:56

Clause 19 : Regulations as to the exercise of functions by the Board or clinical commissioning groups

Amendment 38A

Moved by Baroness Masham of Ilton

38A: Clause 19, page 14, line 9, at end insert-

"( ) The regulations must require the Board to include in terms and conditions prepared by virtue of subsection (5)(a) provision for a requirement to be placed upon any organisation that enters into a commissioning contract to provide healthcare with the Board or with a clinical commissioning group to take all reasonable steps to ensure that a patient or, in the event of death or incapacity, their next of kin, is fully informed about incidents which occur as a consequence of providing the contracted healthcare to that patient where the incident has resulted in-

(a) any injury to a patient which, in the reasonable opinion of a health care professional, has resulted in-

(i) an impairment of the sensory, motor or intellectual functions of the patient which is not likely to be temporary,

(ii) changes to the structure of a patient's body,

(iii) the patient experiencing prolonged pain or prolonged psychological harm, or

(iv) the significant shortening of the life expectancy of the patient; or

(b) any injury to a patient which, in the reasonable opinion of a health care professional, requires treatment by that, or another, health care professional in order to prevent-

(i) the death of the patient, or

(ii) an injury to the patient which, if left untreated, would lead to one or more of the outcomes mentioned in paragraph (a)."

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