HC Deb 13 January 2003 vol 397 cc486-8W
Dr. Fox

To ask the Secretary of State for Health how the independent regulator for NHS foundation hospitals will be appointed. [87893]

Mr. Hutton

The position is explained in paragraph 3.28 of "A Guide to NHS Foundation Trusts". Details will be included in forthcoming legislation.

Mr. Kevin Hughes

To ask the Secretary of State for Health how he estimates foundation hospital status will improve acute services for NHS patients. [88288]

Mr. Hutton

National health service foundation trusts will have the freedom to develop new ways of working that reflect local needs and priorities, within a framework of NHS standards and inspection to guard against two tier health care and protect NHS patients. This new localism is the key to improving the responsiveness of services to local NHS patients.

Mr. Kevin Hughes

To ask the Secretary of State for Health if it will be possible for foundation hospitals to withdraw from provision of health services that they deem not to be profitable. [88289]

Mr. Hutton

The position is set out in paragraphs 3.10–3.12 of "A Guide to NHS Foundation Trusts". Details will be set out in forthcoming legislation.

Mr. Kevin Hughes

To ask the Secretary of State for Health whether there will be restrictions on foundation hospitals providing services other than health-related ones. [88290]

Mr. Hutton

National health service foundation trusts will be bound by legislation to have a primary purpose of providing health related services for the benefit of NHS patients and the community (paragraph 1.20 of "A Guide to NHS Foundation Trusts"). Activities undertaken by a NHS foundation trust will be limited to those that are conducive to and not detrimental to achievement of the primary purpose (paragraph 3.5 of "A Guide to NHS Foundation Trusts").

Mr. Kevin Hughes

To ask the Secretary of State for Health what estimate he has made of the potential change in transaction and legal costs resulting from the legally binding contracts proposed for foundation hospitals. [88291]

Mr. Hutton

The introduction of legally binding agreements for National Health Service foundation trusts takes place alongside a move to payment by results based on a national tariff across the NHS, which is designed to reduce transaction costs. The number of NHS foundation trusts will also affect the costs.

Mr. Kevin Hughes

To ask the Secretary of State for Health what protection he will put in place to ensure that legal and professional fees to support the new legal framework for foundation hospitals do not affect the provision of frontline health care. [88292]

Mr. Hutton

The Department of Health will provide support for primary care trusts and other commissioners and national health service foundation trust applicants to develop competency in negotiating and framing legally binding contracts. This will include the production of a template legally binding agreement (paragraph 4.12 of "A Guide to NHS Foundation Trusts").

Mr. Kevin Hughes

To ask the Secretary of State for Health whether foundation hospitals will be permitted to dispose of assets. [88293]

Mr. Hutton

The position is set out in paragraphs 3.18–3.19 of "A Guide to NHS Foundation Trusts".

Mr. Kevin Hughes

To ask the Secretary of State for Health if he will ensure that primary care trusts are involved in negotiations when foundation hospitals are seeking to raise capital independent of the NHS so that PCTs can be aware of the potential revenue implications. [88294]

Mr. Hutton

National Health Service foundation trusts will have freedom to borrow from the public or private sectors primarily on the strength of their cash flows. These will depend on the levels of activity that they agree to provide under longer term binding agreements with primary care trusts. The cost of NHS services provided in facilities funded by private borrowing will be governed by the national tariff for NHS services, not by the cost of associated debt.

Mr. Kevin Hughes

To ask the Secretary of State for Health what assessment he has made of how foundation hospital trust status will affect the way that primary care trusts deliver the modernisation programme within the NHS. [88295]

Mr. Hutton

National health service foundation trusts will be at the cutting edge of the programme of reform that supports modernisation of the NHS. Freed from detailed performance management and with the opportunity to concentrate on results that matter for local people, NHS foundation trusts will contribute to the delivery of primary care trust modernisation programmes.

Mr. Kevin Hughes

To ask the Secretary of State for Health what action he will take if foundation hospitals fail to work in partnership with primary care trusts and social services to deliver improvements in health and social well-being. [88296]

Mr. Hutton

It will be for the independent regulator to decide whether and how to intervene, using a range of powers to be set out in forthcoming legislation (see paragraphs 3.34–3.38 of "A Guide to NHS Foundation Trusts").

Mr. Kevin Hughes

To ask the Secretary of State for Health what action he will take if a foundation hospital fails(a) financially and (b) to meet targets for service provision. [88297]

Mr. Hutton

It will be for the independent regulator to decide whether and how to intervene, using a range of powers to be set out in forthcoming legislation (paragraphs 3.34–3.38 of "A Guide to NHS Foundation Trusts").