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L'înformâtion et les sèrvices publyis pouor I'Île dé Jèrri

Approved Provider Framework (Home Care) :Provider Decision

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 on 13 September 2018

Decision Reference:       MD-HSS-2018-0034

Decision Summary Title :

Approved Provider Framework (Home Care) Provider Decision

Date of Decision Summary:

29/08/18

Decision Summary Author:

 

Head of Professional and Care Regulation

Decision Summary:

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

 

Written Report

Title :

Total Living Care Ltd.

Date of Written Report:

29/08/18

Written Report Author:

Head of Professional and Care Regulation

Written Report :

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Subject:   Provider Status on the Approved Provider Framework (Home Care)

 

Decision(s): 

The Minister for Health and Social Services confirms the decision given to Total Living Care Ltd. on 27 June 2018 of 6 months’ notice in writing terminating the Approved Provider Agreement for the provision of Home Care Services.  Following this notice, Total Living Care Ltd was given an opportunity to make representation about the decision to the Minister.   During the notice period Total Living Care Ltd.’s Approved Provider Framework status was revised to ‘provisionally approved’ meaning that they cannot accept new clients in receipt of funding from the States of Jersey.  Clients in receipt of Long Term Care Benefit or funding from Heath and Social Services will transfer to other ‘fully approved’ home care providers.

 

Reason(s) for Decision:

Section 6. of Total Living Care Ltd.’s Approved Provider Framework Agreement states that “Either Party may terminate this agreement voluntarily by giving not less than 6 months’ notice to the other Party”

 

Resource Implications:

  • The 6 month notice period will allow the transfer of clients to alternative care provision.
  •  

Action required:

Communication to Total Living Care Ltd regarding decision and implications.

Implementation of the Care Home and Home Care Agency Closure Multi- Agency Policy to ensure the appropriate transition of clients to alternative services.

  •  

Signature:

 

 

Position:

Minister for Health and Community Services

 

Date Signed:

 

 

Date of Decision (If different from Date Signed):

 

Approved Provider Framework (Home Care): Provider Decision

 

Total Living Care Limited         

Ministerial Decision Written Report

Background

In July 2014 the Social Security Department (SSD) introduced the Long Term Care Scheme. Concurrently, the Health & Social Services Department (HSSD) introduced the Approved Provider Framework (Home Care) to ensure improved standards for care being provided in individuals’ homes. Accordingly, any client who receives funding from the States must use an Approved Provider to deliver their assessed care needs.

Approved Provider Framework Status History

Information regarding the Approved Provider Framework status of Home Care Providers is publically available on the Jersey Online Directory (www.jod.je). Total Living Care Ltd.’s status history is:

  • 14 July 2014 initially ‘fully approved’
  • 4 December 2017 ‘provisionally approved’
  • 6 April 2018 ‘fully approved’ status regained
  • 27 June 2018  six months’ notice given of termination of the approved provider agreement

Agreement Termination

Section 6. of Total Living Care Ltd.’s Approved Provider Framework Agreement states that “Either Party may terminate this agreement voluntarily by giving not less than 6 months’ notice to the other Party”

Total Living Care Ltd was formally notified in writing on 27 June 2018 that approval under the Approved Provider Framework would be terminated as of 27 December 2018.

Recommendations

It is recommended that under Section 6 of the Approved Provider Framework Agreement, the Minister confirms the decision to give 6 months’ notice in writing to remove Total Living Care Ltd. from the Approved Provider Framework for the provision of Home Care Services. It is further recommended that for the duration of the notice period Total Living Care Ltd.’s Approved Provider Framework status is revised to ‘provisionally approved’ meaning that they cannot accept new clients in receipt of funding from the States of Jersey. Clients in receipt of funding from the States of Jersey will transfer to other ‘fully approved’ home care providers in accordance with established protocols.

 

 

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