Common use of Integrated Commissioning Clause in Contracts

Integrated Commissioning. 6.1 Where there are Integrated Commissioning arrangements in respect of an Individual Scheme, both Partners shall work in co-operation and shall endeavour to ensure that the NHS Functions and Health Related Functions are commissioned with all due skill, care and attention. 6.2 Both Partners shall be responsible for compliance with and making payments of all sums due to a Provider pursuant to the terms of each Service Contract. 6.3 Both Partners shall work in cooperation and endeavour to ensure that the relevant Services as set out in each Scheme Specification are commissioned within each Partners Financial Contribution in respect of that particular Service in each Financial Year. 6.4 The Partners shall comply with the arrangements in respect of the Joint (Aligned) Commissioning as set out in the relevant Scheme Specification and as detailed in Schedule 4. 6.5 Each Partner shall keep the other Partners and the BCF Executive Group regularly informed of the effectiveness of the arrangements including the Better Care Fund and any Overspend or Underspend in a Pooled Fund or Non Pooled Fund. 6.6 The BCF Executive Group will report back to the Health and Wellbeing Board as required by its Terms of Reference. 6.7 Staff in the integrated commissioning team may be made available under S113 of the Local Government Act 1972 to the Partner who is not their employer for the purposes of this Agreement, save that it is not intended that decision making power should be exercised by such employees on behalf of the other Partner. Appointment of a Lead Commissioner 6.8 Where there are Lead Commissioning Arrangements in respect of an Individual Scheme the Lead Commissioner shall: 6.8.1 exercise the NHS Functions in conjunction with the Health Related Functions as identified in the relevant Scheme Specification; 6.8.2 endeavour to ensure that the NHS Functions and the Health Related Functions are funded within the parameters of the Financial Contributions of each Partner in relation to each particular Service in each Financial Year; 6.8.3 commission Services for individuals who meet the eligibility criteria set out in the relevant Scheme Specification; 6.8.4 contract with Provider(s) for the provision of the Services on terms agreed with the other Partners; 6.8.5 comply with all relevant legal duties and guidance of both Partners in relation to the Services being commissioned; 6.8.6 where Services are commissioned using the NHS Standard Form Contract, perform the obligations of the “Commissioner” and “Co-ordinating Commissioner” with all due skill, care and attention and where Services are commissioned using any other form of contract to perform its obligations with all due skill and attention; 6.8.7 undertake performance management and contract monitoring of all Service Contracts together with contract management and enforcement of contract conditions as necessary; 6.8.8 make payment of all sums due to a Provider pursuant to the terms of any Services Contract. 6.8.9 keep the other Partner and the BCF Executive Group regularly informed of the effectiveness of the arrangements including the Better Care Fund and any Overspend or Underspend in a Pooled Fund or Non Pooled Fund.

Integrated Commissioning. 6.1 Where there are Integrated Commissioning arrangements in respect of an Individual Scheme, both : the Partners shall work in co-operation cooperation and shall endeavour to ensure that Services in fulfilment of the NHS Functions and Health Health-Related Functions are commissioned with all due skill, care and attention. 6.2 Both Partners shall be responsible for compliance with ; and making payments of all sums due to a Provider pursuant to the terms of each Service Contract. 6.3 Both both Partners shall work in cooperation and endeavour to ensure that the relevant Services as set out in each Scheme Specification are commissioned within each Partners Financial Contribution in respect of that particular Service in each Financial Year. 6.4 The Partners shall comply with the arrangements in respect of the Joint (Aligned) Commissioning as set out in the relevant Scheme Specification and as detailed in Schedule 4. 6.5 Each Partner shall keep the other Partners and the BCF Executive Group regularly informed of the effectiveness of the arrangements including the Better Care Fund and any Overspend or Underspend in a Pooled Fund or Non Pooled Fund. 6.6 The BCF Executive Group will report back to the Health and Wellbeing Board as required by its Terms of Reference. 6.7 Staff in the integrated commissioning team may be made available under S113 of the Local Government Act 1972 to the Partner who is not their employer for the purposes of this Agreement, save that it is not intended that decision making power should be exercised by such employees on behalf of the other Partner. Appointment of a Lead Commissioner 6.8 Partner24 Where there are Lead Commissioning Arrangements in respect of an Individual Scheme the Lead Commissioner shall: 6.8.1 Partner shall comply with its obligations under Schedule 4 Part 1 and: exercise the NHS Functions in conjunction with the Health Health-Related Functions as identified in the relevant Scheme Specification; 6.8.2 ; endeavour to ensure that the NHS Functions and the Health Health-Related Functions are funded within the parameters of the Financial Contributions of each Partner in relation to each particular Service in each Financial Year; 6.8.3 ; commission Services for individuals who meet the eligibility criteria set out in the relevant Scheme Specification; 6.8.4 ; contract with Provider(s) for the provision of the Services on terms agreed with the other Partners; 6.8.5 Partner; comply with all relevant legal duties and guidance of both Partners in relation to the Services being commissioned; 6.8.6 ; where Services are commissioned using the NHS Standard Form Contract, perform the obligations of the “Commissioner” and “Co-ordinating Commissioner” with all due skill, care and attention and where Services are commissioned using any other form of contract to perform its obligations with all due skill and attention; 6.8.7 undertake ; 25undertake performance management and contract monitoring of all Service Contracts together with contract management and enforcement including (without limitation) the use of contract conditions as necessary; 6.8.8 notices where Services fail to deliver contracted requirements;26 make payment of all sums due to a Provider pursuant to the terms of any Services Service Contract. 6.8.9 ; and keep the other Partner and the BCF Executive Group Partnership Board regularly informed of the effectiveness of the arrangements including the Better Care Fund and any Overspend or Underspend in a Pooled Fund or Non Non-Pooled Fund. Establishment of a Pooled Fund27 In exercise of their respective powers under Section 75 of the 2006 Act, the Partners have agreed to establish and maintain such pooled funds for revenue expenditure as agreed by the Partners. At the Commencement Date there shall be [a single Pooled Fund in respect of this Agreement]/ the following Pooled Funds: [Insert]]28 Each Pooled Fund shall be managed and maintained in accordance with the terms of this Agreement. Subject to Clause 7.5, it is agreed that the monies held in a Pooled Fund may only be expended on the following:29 the Contract Price; where the Council is to be the Provider, the Permitted Budget; Third Party Costs where these are set out in the relevant Scheme Specification or as otherwise agreed in advance in writing by the Partnership Board; and Approved Expenditure as set out in the relevant Scheme Specification or as otherwise agreed in advance in writing by the Partnership Board, ("Permitted Expenditure").30 The Partners may only depart from the definition of Permitted Expenditure to include or exclude other revenue expenditure with the express written agreement of [each Partner] [the Partnership Board]31. For the avoidance of doubt, monies held in the Pooled Fund may not be expended on Default Liabilities unless this is agreed by all Partners in accordance with Clause 7.5.32 Pursuant to this Agreement, the Partners agree to appoint a Host Partner for each of the Pooled Funds set out in the Scheme Specifications. The Host Partner shall be the Partner responsible for: holding all monies contributed to the Pooled Fund on behalf of itself and the other Partners; providing the financial administrative systems for the Pooled Fund; appointing the Pooled Fund Manager; and ensuring that the Pooled Fund Manager complies with their obligations under this Agreement. When introducing a Pooled Fund, the Partners shall agree which officer of the Host Partner shall act as the Pooled Fund Manager for the purposes of Regulation 7(4) of the Regulations. The Pooled Fund Manager for each Pooled Fund shall have the following duties and responsibilities: the day-to-day operation and management of the Pooled Fund; ensuring that all expenditure from the Pooled Fund is in accordance with the provisions of this Agreement and the relevant Scheme Specification; maintaining an overview of all joint financial issues affecting the Partners in relation to the Services and the Pooled Fund; ensuring that full and proper records for accounting purposes are kept in respect of the Pooled Fund; reporting to the Partnership Board as required by this Agreement and by the Partnership Board; ensuring action is taken to manage any projected under or overspends relating to the Pooled Fund in accordance with this Agreement; preparing and submitting to the Partnership Board Quarterly Reports (or more frequent reports if required by the Partnership Board) and an annual return about the income and expenditure from the Pooled Fund together with such other information as may be required by the Partners and the Partnership Board to monitor the effectiveness of the Pooled Fund and to enable the Partners to complete their own financial accounts and returns. The Partners agree to provide all necessary information to the Pooled Fund Manager in time for the reporting requirements to be met including (without limitation) comply with any reporting requirements as may be required by relevant National Guidance; and preparing and submitting reports to the Health and Wellbeing Board as may be required by it and any relevant National Guidance including (without limitation) supplying Quarterly Reports referred to in Clause 8.2.7 above to the Health and Wellbeing Board. In carrying out their responsibilities as provided under Clause 8.3, the Pooled Fund Manager shall: have regard to National Guidance and the recommendations of the Partnership Board; and be accountable to the Partners for delivery of those responsibilities. The Partnership Board may agree to the viring of funds between Pooled Funds or amending the allocation of the Pooled Fund between Individual Schemes. NON-POOLED funds33 Any Financial Contributions agreed to be held within a Non-Pooled Fund will be notionally held in a fund established solely for the purposes agreed by the Partners. For the avoidance of doubt, a Non-Pooled Fund does not constitute a pooled fund for the purposes of Regulation 7 of the Partnership Regulations. When introducing a Non-Pooled Fund in respect of an Individual Scheme, the Partners shall agree: which Partner if any34 shall host the Non-Pooled Fund; and how and when Financial Contributions shall be made to the Non-Pooled Fund. The Host Partner of the relevant Non-Pooled Fund will be responsible for establishing the financial and administrative support necessary to enable the effective and efficient management of the Non-Pooled Fund, meeting all required accounting and auditing obligations. Both Partners shall ensure that any Services commissioned using a Non-Pooled Fund are commissioned solely in accordance with the relevant Scheme Specification. Where there are Joint (Aligned) Commissioning arrangements, both Partners shall work in cooperation and shall endeavour to ensure that: the NHS Functions funded from a Non-Pooled Fund are carried out within the ICB Financial Contribution to the Non-Pooled Fund for the relevant Service in each Financial Year; and the Health-Related Functions funded from a Non-Pooled Fund are carried out within the Council's Financial Contribution to the Non-Pooled Fund for the relevant Service in each Financial Year. Financial Contributions35 The Financial Contributions of the ICB and the Council to any Pooled Fund or Non-Pooled Fund for the first Financial Year of operation shall be as set out in the [relevant] Scheme Specification.36 The Financial Contribution of the ICB and the Council to any Pooled Fund or Non-Pooled Fund for each subsequent Financial Year of operation shall be subject to review by the Partners. [Insert provisions around how Financial Contributions will be determined going forward]37 Financial Contributions will be paid as set out in Schedule 3. With the exception of Clause 13, no provision of this Agreement shall preclude the Partners from making additional contributions of Non-Recurrent Payments to a Pooled Fund from time to time by mutual agreement. Any such additional contributions of Non-Recurrent Payments shall be explicitly recorded in Partnership Board minutes and recorded in the budget statement as a separate item.