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Care Provider Alliance responds to consumer law guidance

November 20, 2018

The Care Provider Alliance (CPA), made up of several care provider organisations, has welcomed the final advice to care homes on consumer law compliance published in mid-November by the Competition and Markets Authority (CMA).

Care home associations commented in detail during the consultation phase of the guidance and each says they will respond to the guidance once they have had the opportunity to review the proposals. Information will be given to providers as appropriate through the individual membership organisations.

However the CPA will be taking forward for the sector two pieces of further work in response to the CPA’s final guidance:

  • Firstly, the CPA will develop model contract clauses and support materials to help providers respond to the range of information the CMA is recommending providers give to residents and prospective residents. The CPA will seek to ensure that the clauses, which will not be prescriptive, will support care homes to comply with consumer law. The aim is to produce these clauses by March/April 2019. The CPA has been liaising with the CMA and the DHSC on this plan and timeframe.
  • Secondly, the CPA will look at how it can support care homes with some suggestions around a fee increase formula that meets the CMA’s guidance that residents understand how fee increases are determined by homes and that the process is transparent.

The CPA is exploring use of Primary Authority to provide assurance and consistency of interpretation across all areas of the country and says more information will be provided on this in due course.

The work is being led on behalf of CPA by Sharon Blackburn of the National Care Forum, Ann Mackay of Care England and Ian Turner of the Registered Nursing Home Association (RNHA).

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