Care home briefing 97 – Maximising your registration
Reregistration under the Health and Social Care Act 2008 should hopefully now have been completed. As explained in previous briefings, one of the key provisions of reregistration has been to require each provider to register the “regulated activities” it provides. The list of regulated activities under the legislation is:
- Personal care
- Accommodation for people who require nursing or personal care
- Accommodation for people who require treatment for substance misuse
- Accommodation and nursing or personal care in the further education sector
- Treatment of disease, disorder or injury
- Assessment or medical treatment for people detained under the Mental Health Act 1983
- Surgical procedures
- Diagnostic and screening procedures
- Management of supply of blood and blood derived products
- Transport services, triage and medical advice provided remotely
- Maternity and midwifery services
- Termination of pregnancies
- Services in slimming clinics
- Nursing care
- Family planning services
Statement of Purpose
The Care Quality Commission (CQC) who regulate the registration of health and social care providers have produced guidance to explain what each of the regulated activities covers. As part of the registration process for the regulated activities, each provider must provide CQC with a “statement of purpose”. This document must include the following information:
- The aims and objectives of the service provider in carrying out the regulated activity.
- The kinds of services provided for the purposes of carrying out the regulated activity and the range of service users’ needs which those services are intended to meet.
- The full name of the service provider and of any registered manager, together with their business address, telephone number and, where available, electronic mail addresses.
- The legal status of the service provider.
- Details of the locations at which the services provided for the purposes of the regulated activity are carried on.
Accordingly, where a service provider is registered with CQC for a particular regulated activity the provider must complete and file a statement of purpose with CQC detailing the services provided for that regulated activity.
CQC have produced a list of service types that should be used when completing the statement of purpose and these are set out in their Essential Standards of Quality and Safety. There are 28 service types detailed within the guidance. The statement of purpose for each regulated activity can be done as one document to cover all a provider’s regulated activities but it is essential that the various services that are provided under each regulated activity are detailed within that statement.
Diversifying Service Provision
In these financially uncertain times service providers may consider diversifying the number of services they provide in order to maximise or increase revenue. For example it may be that a provider who has registration for the regulated activity “accommodation for people who require nursing or personal care” considers the possibility of providing additional specialist services to those with learning disabilities. In order for such additional services to be provided, the provider will need to check their statement of purpose carefully to see whether that additional service is specified within that document and, if so, against which regulated activity it is registered. It is likely that they will need to apply for registration of an additional regulated activity (i.e. treatment of disease, disorder or injury) as well as amending their statement of purpose with CQC. Providers must notify CQC within 28 days if additional services are to be provided even if those services fall under a preexisting regulated activity registered with CQC.
Accordingly, where a provider considers the possibility of extending the types of services available not only will they need to ensure that the additional services fall under one of their preexisting registered “regulated activities” but they will also need to ensure that their statement of purpose is updated to cover any additional services.
Additional Nonregisterable Services
It should be noted that the statement of purpose is only required in relation to regulated activities. There are some activities that are provided which do not require registration or a statement of purpose. By way of example, day care services provided to individuals who attend on a daily basis at a preexisting registered care home will not of themselves require registration. Such day care services are a potential way for providers to increase their revenues.
Other services such as catering and laundry services are not of themselves regulated activities for the purposes of CQC registration but which may be of interest to local residents living in the community in their own homes. Accordingly, it may be possible for providers to offer local residents the chance to utilise the facilities and services they already run as a part of their existing regulated activities. Examples of these services might include the offer of hot meals to individuals still living in their own homes, nail care by a chiropodist, and laundry services. It should be noted however that while CQC registration is not required for those types of services, health and safety legislation will apply.
This briefing is for guidance purposes only. RadcliffesLeBrasseur LLP accepts no responsibility or liability whatsoever for any action taken or not taken in relation to this note and recommends that appropriate legal advice be taken having regard to a client's own particular circumstances.