§ Chris GraylingTo ask the Secretary of State for Health with regard to clause 62 of the Health and Social Care (Community Health and Standards) Bill, what he intends by a reasonable time. [121174]
§ Ms Rosie WintertonWe would expect the Commission for Healthcare Audit and Inspection (CHAI) normally to enter and inspect premises at a time agreed with the owner.
However, where an unannounced visit takes place, it will be for CHAI to decide what is a reasonable time under the right of entry in Clause 60 (formerly Clause 62) of the Health and Social Care (Community Health and Standards) Bill, and given any particular circumstances in the case in question.
§ Chris GraylingTo ask the Secretary of State for Health if personal records inspected under the right of entry will be covered by the Data Protection Act 1998 under clause 63 of the Health and Social Care (Community Health and Standards) Bill; and if the person for whom the records are held will have the right to be informed that their records have been inspected and that copies have been taken which will be removed from the premises. [121177]
§ Ms Rosie WintertonThe Commission for Healthcare Audit and Inspection (CHAI) will be subject to the provisions of the Data Protection Act 1998 (DPA 1998) as is currently the case for the Commission for Health 775W Improvement, National Care Standards Commission and Audit Commission, the bodies from which CHAI is composed.
CHAI will be required to provide "fair processing information" to persons whose records are inspected under clause 61, unless:
there is disproportionate effort in doing so;they are satisfied that the subjects have already been adequately informed; orin the case of an investigation of an individual, to do so would prejudice the investigation.Under the DPA 1998, organisations that will be subject to CHAI or other inspections must also ensure that patients are made aware that their records may be accessed by CHAI and the reasons why this may be necessary.
§ Chris GraylingTo ask the Secretary of State for Health if he will put in place safeguards to ensure(a) that only records relevant to an inspection are inspected and (b) that an individual's right to privacy is protected under clause 63 of the Health and Social Care (Community Health and Standards) Bill. [121180]
§ Ms Rosie WintertonSubsection (1) of clause 61 of the Health and Social Care (Community Health and Standards) Bill establishes that the Commission for Healthcare Audit and Inspection (CHAI) may access records that it considers are necessary or expedient for the purpose of its functions under chapter 3 of the Bill. It will be for CHAI to decide what information is relevant to its inspections.
This will ensure that CHAI will not be able to inspect records unless it considers that they are relevant to the exercise of its functions. A body will have recourse to the courts if CHAI exercises its powers in an inappropriate way.
§ Chris GraylingTo ask the Secretary of State for Health who is responsible for deciding what constitutes a prescribed person under Clause 65(1) of the Health and Social Care (Community Health and Standards) Bill. [121184]
§ Ms Rosie WintertonRegulations to be laid by the Secretary of State will provide a definition of a prescribed person and the prescription of such times and places as an explanation will be required.
§ Chris GraylingTo ask the Secretary of State for Health (1) whether, under Clause 60(1) of the Health and Social Care (Community Health and Standards) Bill, there is to be a scale of fees for different cases or classes of case that the Commission for Healthcare Audit and Inspection will charge in respect of its reviewing and investigating functions; [121189]
(2) if he will list the information the Commission for Healthcare Audit and Inspection will require a person or body to provide to enable it to determine its fee under Clause 60 of the Health and Social Care (Community Health and Standards) Bill. [121195]
§ Ms Rosie WintertonIt will be for the Commission for Healthcare Audit and Inspection (CHAI) to determine what information it may require for the purpose of determining the fee payable by a person or body under776W subsection 57(1) (formally section 60(1)) of the Health and Social Care (Community Health and Standards) Bill.
Under section 57(4) (formally section 60(4)), fees that CHAI may wish to apply in respect of its reviewing and investigating functions may include provision for different fees to be paid in different cases or different classes of cases related to specified functions.
§ Chris GraylingTo ask the Secretary of State for Health whether, under Clause 60 of the Health and Social Care (Community Health and Standards) Bill, the National Assembly for Wales will be able to charge a fee for its reviewing and investigating functions in the case of a cross-border strategic health authority. [121191]
§ Ms Rosie WintertonThe National Assembly for Wales will not be able to charge a fee for its reviewing and investigating functions in the case of cross border strategic health authorities, since such authorities do not exist. Provision is made for the Commission for Healthcare Audit and Inspection (CHAI), not the Assembly, to levy fees on cross border special health authorities. This is specified under section 57(1) (formally section 60(1)) of the Health and Social Care (Community Health and Standards) Bill.