Month: May 2012

Unregistered clinic fined £40,000 following CQC prosecution. A sign of things to come?

CQC has prosecuted an unregistered provider for the first time under the Health and Social Care Act 2008.  What is significant is the level of fine: guilty pleas in relation to two charges generated a fine of £40,000.  On top of this, the company – Northern Clinic.com which was providing unregulated liposuction out of clinics …

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Healthcare Business: To resuscitate or not resuscitate – that is the question

CQC published its special review on the provision of health care to those in care homes in March 2012. It found that 30% of nursing homes included in the review did not have a ”Do Not Attempt Resuscitation” (DNAR) policy in place (in settings where having a DNAR policy was appropriate and required). Where a …

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Healthcare Business: Capacity to consent and the Mental Capacity Act – a legal and professional perspective

In relation to a person’s care and treatment, the issue of mental capacity and consent is of central importance from a legal point of view. Care providers should ensure that service users are asked for their consent whenever care or treatment services are proposed or changed, and that there are effective procedures in place to …

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Ridouts LLP CQC fit person interviews – the Tribunal delivers its damning verdict

In a recent case – Mr Yuri Kazlouski v CQC – the First-tier Tribunal has criticised CQC’s procedures in assessing applicants for registration. CQC had refused the application of Mr Kazlouski to be registered as a manager. He appealed the decision and the hearing was heard on 1 and 2 May 2012. His appeal was …

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Ridouts LLP Confused about Warning notices? You’re Not Alone

CQC is issuing warning notices (notices to providers that they are breaching regulatory requirements) at an alarming and unprecedented rate.  In 2011/12 CQC issued 638 warning notices to providers, the vast majority in the second half of the year.  In most cases, CQC goes on to publish press releases about the warning notices it issues.  …

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Representations on Warning Notices – More CQC Confusion

Recently CQC has issued new guidance for registered persons on warning notices (April 2012). CQC states that representations against the publication of a summary of the warning notice (by way of a press release) must be made within five working days of receiving the warning notice. This is a continuation of the previous policy. It …

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