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On 9 June 2022, the National Health Service (Areas of Integrated Care Boards: Appointed Day) Regulations 2022 (SI 2022/632) and National Health Service (Integrated Care Boards: Responsibilities) Regulations 2022 (SI 2022/635) were made. Both SI 2022/632 and 635 implement changes to the NHS set out in the Health and Care Act 2022 (HCA 2022) which will see the creation of integrated care boards (ICBs) and the abolition of clinical commissioning groups (CCGs).

In particular:

• SI 2022/632 appoints 1 July 2022 as the day on or after which NHS England (the new statutory body formerly known as National Health Service Commissioning Board) must ensure that the areas of ICBs together cover the whole of England. On the same date, any existing CCGs will be abolished. • SI 2022/635, which will come into force on 1 July 2022, prescribes (at paragraph 2 of the Schedule) the additional persons for which an ICB is responsible for arranging certain health care services and facilities, in addition to those for whom an ICB has core responsibility under rules published by NHS England under the National Health Service Act 2006. These include commissioning emergency ambulance services for any person present in an ICB's area and commissioning certain services and/or accommodation for certain adults and children (including looked after children) who have continuing care needs. SI 2022/635 ensures that the NHS is able to maintain continuity of patient care and clarity of responsibility when ICBs take over from CCGs. The regulations place additional responsibilities on ICBs to arrange for the provision of mental health services during the course of a person's detention under the Mental Health Act 1983 (MHA 1983) and for the provision of after care services under section 117(2) of the MHA 1983.

Source: Practical Law

Date: 23 June

Posted in News on Jun 23, 2022

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