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Department of Health

Care Act 2014: How should local authorities deliver the care and support reforms? Please give us your views


Monitor licensing regime and social care organisations

This is not draft guidance issued under the Care Act. It is included because it concerns related matters.

Providers of care and support are currently not regulated by Monitor and do not require a licence to provide care and support services. Under Regulation 6 of the National Health Service (Licence Exemptions, etc) Regulations 2013, providers of NHS continuing healthcare and NHS-funded nursing care services are exempt from the requirement to hold a licence until 1 April 2015.

We are consulting on the following two options:

  • to allow the current nursing care licence exemption to expire. This would require providers of nursing care whose total NHS turnover exceeds the de minimis threshold to hold a Monitor licence from 1 April 2015.
  • to continue with licence exemption for provider organisations that provide NHS continuing healthcare and NHS-funded nursing care. Most care and support providers that provide these services will continue to be exempt. These services will also be exempt from being designated as a Commissioner Requested Service. This option would allow the Care Quality Commission to have sole and focused financial oversight over these providers, liaising with Monitor where necessary.

Question 83: Do you think that providers of NHS continuing healthcare and NHS-funded nursing care should continue to be exempt from the requirement to hold a licence from Monitor?

Read The National Health Service (Licence Exemptions, etc.) Amendment Regulations 2014 Back to Monitor licensing regime and social care organisations

Question 84: Should providers NHS continuing healthcare and NHS-funded nursing care services be subject to those services being designated Commissioner Requested Service?

Read The National Health Service (Licence Exemptions, etc.) Amendment Regulations 2014 Back to Monitor licensing regime and social care organisations

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