Private care services in England and Wales are to fall under NCSC regulation
A single set of regulations is now in force covering private hospitals, care homes, private visitor screening centres, private doctors and children's' homes.
The Care Standards Act took effect on 1 April, replacing the old rules, which the Department of Health felt were inadequate, inconsistent and did not give the public the level of protection they deserved.
The National Care Standards Commission (NCSC) will enforce the act in England, whereas in Wales services are to be regulated by the Care Standards Inspectorate for Wales. The act does not apply in Scotland, although the Scots are drawing up legislation to be regulated by the Scottish Commission for the regulation of care.
The NCSC has said it intends to help under-achieving care homes and hospitals meet the new act's requirements and it has the power to prosecute or close those that do not meet the minimum standards. The NCSC replaces 95 health authorities and 150 local authorities previously responsible for regulating care services.
The new act specifically provides legislation for private hospitals for the first time. Previously, private hospitals came under the Registered Homes Act 1984, which was only intended for care homes, and enforced by local health authorities.
The Independent Healthcare Association (IHA), which represents around 95% of all private sector hospitals and between 800 and 1,000 care homes, welcomes the act.
Peter Fermoy, communications manager of the IHA, said: 'The IHA campaigned for almost a decade for better regulation of independent sector services, across hospitals and nursing residential care homes. The act and the establishment of the NCSC will strengthen the already-high standards and, one hopes, act to reassure the increasing number of people who use the services.'
Under the act, hospitals and screening centres will have annual inspections and care homes will have two inspections a year. The inspection will focus on all areas of patient care, including food and records. Managers must register themselves with the NCSC and will require relevant qualifications from 2005.
Since the act was passed the Government has indicated the NHS hospital inspectorate, the Commission for Health Improvement (CHI), may also inspect the private sector.
Fermoy added: 'We are open to the change as long as there is a level-playing field. The CHI inspects NHS hospitals every four years and hospitals with three star ratings have privileges that include less frequent inspections.'
The act does allow leeway in some cases for those not yet compliant with the new law. For example, the regulations relating to room size in care homes will not be enforced until 2007. There are no exceptions in the hospital sector.
However, Fermoy said this should not pose a problem: 'Primarily hospitals meet and exceed the majority of the standards set by the new act.'
