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Taking care in the public interest

01 November 2018 / Nicholas Dobson
Issue: 7815 / Categories: Features , Public
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Accountable Care Organisations: a new model for the provision of health & social care? Nicholas Dobson reports

  • The proposals by the Secretary of State and the NHS for Accountable Care Organisations are lawful.
  • The policy development point has not yet been reached where the principles of transparency and clarity apply.

What are Accountable Care Organisations (ACOs) and why should public lawyers be interested? Perhaps because on 5 July 2018 Green J gave an important judgment on what he thought was ‘an issue of great public interest’. This was whether the Secretary of State and NHS England could lawfully introduce the ACO as a new model for the provision of health and social care.

A House of Commons Briefing Paper (issued 6 July 2018) indicated that an ACO is ‘an area-based model of healthcare provision, where a single body takes responsibility for the health needs of its entire population’. According to the paper, ACOs usually involve one or more providers collaborating to meet the needs of a defined area and taking responsibility

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NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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