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Vol 25 No 2 Feb/March 2020

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NHS Law and Practice

ISBN13: 9781912273065
Published: May 2018
Publisher: Legal Action Group
Country of Publication: UK
Format: Paperback
Price: £70.00

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Although the National Health Service is perhaps the most important public service provided by the British state, its complex structures can make it the most difficult public service to understand.

There is no single public body called the ‘National Health Service’ and no single legal regime that governs how NHS bodies should operate. Instead, the NHS is made up of a complex network of public bodies which operate as commissioners of NHS services who contract with NHS trusts, NHS foundation trusts, private businesses and charities that all provide medical, dental and other services to NHS patients.

The NHS ‘managed market’ is overseen by both economic and care quality regulators. The rules under which commissioners, providers and regulators operate are both inaccessible and of such complexity that they can be impenetrable for even the most specialist lawyers.

NHS Law and Practice is the first book to describe the large and complex legal structures of the modern NHS. It explains the legal relationships between NHS commissioners and primary care, community and acute providers of NHS services, as well as explaining the structure of NHS regulation. This book provides a detailed guide to enforcing patients’ legal rights around NHS Continuing Healthcare, patient choice and the rules around NHS personal budgets.

Edited and written by a team of specialist lawyers whose involvement with NHS law and many of the leading cases over decades has given them unrivalled expertise in NHS and healthcare law. This book will be an essential text for anyone who needs to understand how the legal structures of the NHS currently operate and how they should operate.

Medical Law
Introduction to legal structures of the NHS
The purpose and effect of the NHS Constitution
The powers and duties of the secretary of state
The powers and duties of NHS England
The powers and duties of clinical commissioning groups
Public health
NHS provider trusts
Regulation of the NHS
Commissioning NHS services
NHS acute care contracting
Primary medical care contracting
Patient choice
The responsible commissioner
Direct payments and personal health budgets
Who can access NHS care: charges for overseas visitors
NHS Continuing Healthcare and NHS-funded nursing care
Reconfiguration of NHS services
GP practice management
Community dental services
Complaints and the Health Service Commissioner
The impact of procurement law within the NHS