Health Insurance (Amendment No. 14) (Jersey) Law 201-

Information about the publication of Ministerial Decisions

A formal published “Ministerial Decision” is required as a record of the decision of a Minister (or an Assistant Minister where they have delegated authority) as they exercise their responsibilities and powers.

Ministers are elected by the States Assembly and have legal responsibilities and powers as “corporation sole” under the States of Jersey Law 2005 by virtue of their office and in their areas of responsibility, including entering into agreements, and under any legislation conferring on them powers.

An accurate record of “Ministerial Decisions” is vital to effective governance, including:

demonstrating that good governance, and clear lines of accountability and authority, are in place around decisions-making – including the reasons and basis on which a decision is made, and the action required to implement a decision
providing a record of decisions and actions that will be available for examination by States Members, and Panels and Committees of the States Assembly; the public, organisations, and the media; and as a historical record and point of reference for the conduct of public affairs

Ministers are individually accountable to the States Assembly, including for the actions of the departments and agencies which discharge their responsibilities.

The Freedom of Information Law (Jersey) Law 2011 is used as a guide when determining what information is be published. While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.

A decision made 14 October 2011 regarding:

Decision Reference: MD-S-2011-0078
Decision Summary Title :	DS - Amendment to Health Insurance (Amendment No.14) (Jersey) Law 201-		Date of Decision Summary:	14 October 2011
Decision Summary Author:	Strategy and Policy Director		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	N/A
Written Report Title :	WR - Amendment to Health Insurance (Amendment No.14) (Jersey) Law 201-		Date of Written Report:	14 October 2011
Written Report Author:	Strategy and Policy Director		Written Report : Public or Exempt?	Public
Subject: Lodge an amendment to the draft Health Insurance (Amendment No.14) (Jersey) Law 201-
Decision(s): The Minister approved for lodging ‘au Greffe’ an amendment to the draft Health Insurance (Amendment No.14) (Jersey) Law 201-
Reason(s) for Decision: This amendment amends the proposed Health Insurance (Amendment No.14) Law in respect of three separate areas. The amendments have been developed in co-operation with the Primary Care Body as well as individual States members and general practitioners. They add clarity to the proposed law as well as extending the role of the States Assembly in the development of a governance structure for local GPs.
Resource Implications: This amendment in itself does not have any financial or manpower implications.
Action required: Strategy and Policy Director to request that the Greffier of the States arranges for the above-mentioned projet to be lodged ‘au Greffe’ and for it to be listed for States debate at the meeting commencing 1 November 2011.
Signature:		Position: Minister
Date Signed:		Date of Decision (If different from Date Signed):

Health Insurance (Amendment No. 14) (Jersey) Law 201-

Report

This amendment amends the proposed Health Insurance Law in respect of three separate areas. The amendments have been developed in co-operation with the Primary Care Body as well as individual States members and general practitioners. They add clarity to the proposed law as well as extending the role of the States Assembly in the development of a governance structure for local GPs.

The first amendment replaces the long title to the law. The new version refers to the introduction of a governance framework, which will set minimum standards that GPs must comply with in order to qualify for payments under the Health Insurance Law. It also explains that contracts can now be set up under the proposed law and that these contracts may include performance standards in specific areas. It also allows for the possibility of an extension of the types of health services included within the law.

Amendment 3 makes a minor alteration to Article 9A. This Article allows for a system of patient registration. It provides the power for the Minister to require patients to register with a single GP practice, in order to claim medical benefit. If patient registration is introduced in the future, the article specifically safeguards the rights of a patient to continue to visit a GP from a separate practice and still claim medical benefit. The amendment replaces the phrase "preferred practice" with the phrase "main practice".

The other amendments (2,4,5 and 6) relate to the way in which the performers list for GPs will be developed. The original proposition referred to the details of the performers list being approved by the Minister for Health and Social Services by ministerial order. The amendment now provides for these details to be agreed by Regulations approved by the States Assembly. The amendment also introduces a requirement for the Health and Social Services Minister to consult with general practitioner representatives and consider their comments before any regulations are lodged.

Financial and manpower considerations

There are no additional resource implications arising from these amendments.