service level agreement for the provision of services as a hub of the
Transcription
service level agreement for the provision of services as a hub of the
Third Draft 30th March 2015 SERVICE LEVEL AGREEMENT FOR THE PROVISION OF SERVICES AS A HUB OF THE HEALTH EDUCATION EAST MIDLANDS COMMUNITY EDUCATION PROVIDER NETWORK This document is an agreement between Health Education East Midlands & XXXX (“the CEPN Hub”) 1. Background 1.1 The Community Education Provider Network (CEPN) project is one of the workstreams of the Health Education East Midlands (HEEM) Primary Medical Services Programme that is working to improve recruitment and retention of GPs and the wider general practice team, and to develop innovative workforce solutions to the challenges faced by primary care across the East Midlands. 1.2 Through this initiative the aim is to build infrastructure and capacity for multi- and inter-professional education and learning delivery in primary care and to increase the number of undergraduate and postgraduate students/learners in primary care and community settings. This has been shown to have a positive impact on people choosing a career in those settings as a first destination on graduation/qualification. 2. Scope 2.1 The primary focus of CEPNs is the development of networks for the provision of multi and inter-professional education and learning in practice to future and existing health and care staff. Their aim is to enable a shift of education and learning in practice from secondary care to primary care and community settings and thereby support the shift of service delivery to these settings aligned to local service transformation plans and new models of care delivery. 2.2 CEPNs will work in partnership with the existing educational infrastructure across the whole system to share resources and expertise to ensure delivery of education and learning in the most appropriate settings aligned to future care delivery models and the learning outcomes of commissioned programmes. They will also engage with and seek the participation of the whole health and care workforce including patients, carers and the voluntary sector in the design and delivery of education and learning. 2.3 CEPNs will align with the key local service transformation priorities and the themes in the mandate from government to HEE (https://www.gov.uk/government/publications/health-education-england-mandateapril-2015-to-march-2016) through partnership working with the Local Education & Training Council (LETC) and Primary Care Local Delivery Group (PCLDG) for their locality (see list of contacts at http://em.hee.nhs.uk/workforce/the-community-educationprovider-network/). They will work in close partnership with the Health Education Third Draft 30th March 2015 Institutions (HEIs) in developing practice learning strategies and plans and meeting the quality requirements and learning outcomes of the appropriate regulatory bodies. 3. Purpose 3.1 The role of CEPNs is to build capacity and capability for education and training in primary care and community settings. The model for CEPNs in the East Midlands is a hub and spoke model building on the existing infrastructure of approved GP Training Practices. 3.2 In year one, the CEPNs will be focussed on providing additional placements for pre-registration and postgraduate nursing, undergraduate medical students and apprenticeships for the non-registered workforce. However, the model has the potential to cover the whole workforce involved in serving the local population as a community learning hub aligned to new models of care delivery as set out in the Five Year Forward View. 3.3 The aim is to achieve the following objectives through the formation of CEPNs: 3.3.1 increase the numbers of learning placements available in General Practice, primary care & community settings across professions/staff groups, focussing on nursing and undergraduate medical and apprenticeships for support staff in the first year 3.3.2 promote inter-professional & integrated education and learning that is fit for future models of service delivery to meet the care needs of the local population 3.3.3 create new models of education and learning, where primary care providers have a critical mass of education and training expertise to support a number of placements for different practitioners and different stages of learning at the same time 3.3.4 create innovative educational models to support local workforce transformation 3.3.5 build system-wide infrastructure to support local service transformation programmes through workforce planning and development 3.4 The funding provided to the CEPN hub for 2015-16 is to pump prime the set up of the pilot hub and spoke CEPN hub as per the plans in the proposal submitted to and approved by HEEM on 19th February 2015 against the requirements set out in the Invitation for Proposals document (See Appendix I). 4 Agreement Period The Agreement will commence on 1st April 2015 and continue in force until 31st March 2016. Subject to satisfactory performance and outcome of the evaluation of impact of the HEEM CEPN model, the agreement will be renewed annually on a rolling basis unless either party explicitly indicates in writing an intention to cease the agreement at the end of the current term. Third Draft 30th March 2015 5 Termination Either Party may cancel the Agreement by giving the other 3 months prior notice at any time. 6 Description of Services 6.3 The main function of the Provider Hub is to: 6.1.1 manage and co-ordinate delivery of high quality education & learning in practice as set out in the submitted and approved proposal document; 6.1.2 recruit and develop a network of spokes to build the network; 6.1.3 agree a practice placement plan and partnership agreement (template to be provided) for delivery with relevant HEIs for its network and cooperate with appropriate educational audit processes for those placements; 6.1.4 ensure the students are placed appropriately in the spokes; 6.1.5 oversee the mentor/educational supervisor training and updates; 6.1.6 ensure delivery of an agreed number of inter-professional learning sessions per year; 6.1.7 comply with HEEM quality visits and provide an annual report on activity and impact including student evaluations & evaluation of IPE events 6.2 Additional requirements in Year One set up and development: 6.2.1 April – May: develop and provide a ‘starting position’ report to HEEM to provide a baseline from which to monitor and measure delivery of outcomes (template at Appendix III) 6.2.2 June – September: agree an implementation plan to include recruitment of spokes, practice placement delivery plan, mentor capacity plan, IPE schedule and financial plan 6.2.3 December: provide feedback on actual delivery against plan together with forecast of activity and finance for final quarter to enable reconciliation of funding with HEEM 6.2.4 March/April 2016: annual report of activity, impact and plans for 16-17 agreed with HEIs to inform financial plans for 2016-17 Third Draft 30th March 2015 7 Financial Arrangements 7.1 HEEM will pay a sum of £50,000 for the year one set up and running costs of the CEPN hub and spoke and provision of the services outlined in this Agreement. This will be paid in advance for 15-16 upon receipt of an invoice from the CEPN Hub. 7.2 In addition to the initial funding, each CEPN hub will be paid an activity related payment for placement activity delivered by the network based on the published national tariffs for placements (see Appendix IV). Activity related funding will be paid half yearly on 31st May and 31st October. 7.3 The activity and financial values will be reviewed each year and adjusted for any agreed activity changes and inflation factor. Financial values will not normally be amended during the year for changes in inflation and any nationally agreed variation. The inflation factor will be determined by reference to inflationary pressures identified by the HEE Central Team and the Department of Health in calculating budgets centrally. 7.3 Payment Arrangements 7.3.1 HEEM uses a financial shared services provider. Invoices should be sent to the shared services provider, not HEEM, at the following address: FAO Belinda Hales Reference XXBHALES Health Education England – T73 Health Education East Midlands T73 Payables F485 Phoenix House Topcliffe Lane Wakefield West Yorkshire WF3 1WE 7.3.2 Invoices should contain the narrative as agreed with HEEM. As a minimum the invoices should contain the following references: 7.3.2.1 Name of person at the LETB the invoice is for the attention of: Belinda Hales 7.3.2.2 The financial year to which the charge relates 7.3.2.3 The period of the financial year to which the charge relates 7.3.3 HEEM will pay invoices within 30 days of receiving and registering the invoice providing no queries arise. 7.3.4 Activities and payments shall be discussed and agreed at the SLA review meetings between the HEEM and CEPN hub organisation at least annually. Third Draft 30th March 2015 7.3.5 8 Any queries on the progress of invoice payment should be raised in the first instance with the SBS Payables Helpdesk on 0303 1231177. Monitoring and review 8.1 Activity statistics will be reported on quarterly to HEEM on the 15th day of the month following the end of each quarter. These will consist of: 8.1.1 number of spokes being actively managed within the Network; 8.1.2 number of undergraduate and postgraduate learners hosted by the Network during the year & WTE student weeks delivered; 8.1.3 number of inter-professional learning sessions run by the network during the year; 8.1.4 number of current partnership agreements with HEIs held by the Network 8.1.5 forecast activity for future years agreed with HEIs. 8.2 An annual meeting between representatives of the Parties will be held to review the provisions of this Agreement and agree any changes to the services provided. In the first year, we anticipate holding quarterly meetings with CEPN hubs to review key milestones in the set up and pilot year. 8.3 The Provider Hub will produce an annual report by 30th April outlining progress during the previous year, and identifying challenges and how they will be addressed in the year ahead. HEEM will work with the CEPN hubs on a template for this report during 15-16. 9 Quality Assurance Quality will be monitored by implementation of the HEEM Quality Standards for Local Education Providers. A rolling programme of self-assessments by the CEPN Hub will be followed by a visit to the Hub by representatives from the HEEM Quality Team and a process of action planning to drive continuous improvement. We will work to streamline the quality visiting process with existing HEEM quality processes during year one to minimise the burden on provider organisations. 10. Complaints Process 10.1 On receipt of a written complaint to either Party (but not from the other Party), relating to the provision of the services outlined in this Agreement, that Party shall acknowledge the complaint in writing within five (5) working days and shall notify the other Party in writing within five (5) working days of the complaint being received by them. Third Draft 30th March 2015 10.2 The Parties shall discuss the complaint within fifteen (15) working days of the initial receipt of the complaint and agree the action to be taken to deal with the complaint. 10.3 Where after a reasonable time period to reach agreement, the Parties are unable to agree on the action to be taken to deal with the complaint, the Host Organisation shall take the action it deems fit so long as it does not conflict with the terms of this Agreement and the Host Organisation informs HEEM, in advance, of the action it proposes to take. 10.4 All review meetings shall have a standing item for all written complaints/concerns received and the actions taken. 11. Disputes 11.1 In the event that there is any dispute between the Parties, the dispute shall be discussed in the first instance between the Contracts and Quality Manager of Health Education East Midlands or the duly authorised representative and the Senior Partner of the CEPN Hub in order to ascertain the exact nature of the dispute and possible approaches to its resolution. 11.2 In the event that the above mentioned are unable to resolve the dispute it shall be referred, by notice in writing signed by each of them or their duly authorised representative, to the LETB Director of Health Education East Midlands and the GP Lead of the CEPN Hub who shall make, in good faith, all reasonable efforts to resolve the dispute. 11.3 In the event of the dispute remaining unresolved within thirty (30) days of receipt of a notice issued pursuant to clause 11.2 either Party may refer the matter to arbitration under the provisions of the Arbitration Act relevant at the time of the dispute by a single arbitrator to be appointed by agreement between the parties, or in default of an agreement by the President for the time being of the Institute of Arbitrators within seven (7) days of deadlock occurring, whose decision shall be final and binding on the Parties and whose costs shall be borne equally between the Parties or in such proportions as he may direct. 12. Notice Any notice (as outlined in Paragraph 5) to be served on either of the Parties by the other shall be sent by signed for post and shall be deemed to have been received three (3) working days after posting. Third Draft 30th March 2015 13. Intellectual Property 13.1 HEEM acknowledges that all legal and beneficial interest in any Intellectual Property Rights in any document, information, report, licence, text, graphics, data and any other materials or thing, and any and all works which are developed, supplied or created by the Provider Hub are, and shall remain, the property of the CEPN Hub. 13.2 The CEPN Hub acknowledges that all legal and beneficial interest in any Intellectual Property Rights in any document, information, report, licence, text, graphics, data and any other materials or thing, and any and all works which are developed, supplied or created by HEEM are, and shall remain, the property of HEEM. 13.3 The CEPN Hub and HEEM each acknowledges that all legal and beneficial interest in any Intellectual Property Rights in any document, information, report, licence, text, graphics, data and any other materials or thing, and any and all works which are developed, supplied or created jointly by the CEPN Hub and HEEM whilst giving effect to this Agreement are, and shall remain, the joint property of the CEPN Hub and HEEM. Each Party shall have the irrevocable right to use such joint property independently of the other in such Party's normal business operations. If any one Party wishes to permit a third party to use such joint property, it shall seek the other Party’s prior written consent (not to be unreasonably withheld or delayed) to grant a licence to such third party to enable it to exploit the said joint property and any income which any Party derives shall be shared between the Parties as they agree at the time or, failing any such agreement, shall be shared equally. 14 General Conditions of Contract 14.1This Agreement shall be governed by and construed in all respects in accordance with the laws of England. 14.2 In carrying out this Agreement the CEPN Hub: 14.2.1 shall comply with the Human Rights Act 1998 and the Equality Act 2010 or any enactments modifying or replacing them; 14.2.2 shall comply with all relevant requirements contained in or having effect under the legislation relating to health, safety and welfare at work; 14.2.3 shall comply with the Government’s Code of Practice on Access to Official Information; 14.2.4 shall comply with the requirements of the Data Protection Act 1998 (as amended from time to time) and any other EU Directives, statutes, statutory arrangements or regulations Third Draft 30th March 2015 governing the use of data within the United Kingdom from time to time. 15. Non-Assignment No Party may without the written consent of the others assign or dispose of any of its rights hereunder or sub-contract or otherwise delegate any of its obligations hereunder except that HEEM may assign the benefit and burden of this Agreement to any body which may acquire by any means the assets of or assume by any means the function or substantially the whole of the function of HEEM. 16. Waiver The failure by either Party to enforce at any time or for any period any one or more of the terms or conditions of this Agreement shall not be construed as a waiver of its rights at any time subsequently to enforce such term or condition. 17. Variation of Agreement No variation to this Agreement shall be binding on the Parties unless made in writing and signed by the duly authorised representatives of the Parties. For the avoidance of doubt an authorised signatory of HEEM shall include the LETB Director of Health Education East Midlands or any other signatory of Health Education East Midlands so authorised. 18. No Partnership or Agency Nothing in this Agreement shall create or be deemed to create a partnership between HEEM and any other party or the CEPN Hub and any other Party or (save as otherwise provided in this Agreement) the relationship of principal and agent. 19. Third Party Rights A person who is not party to this agreement shall have no right under the Contract (Rights of Third Parties) Act 1999 to enforce any term of this agreement. This clause does not affect any right or remedy of any person which exists otherwise than pursuant to that Act. 20. Agreement Service Level Agreement between Health Education East Midlands and Saffron Group Medical Practice. This Agreement made on the 1st April 2015 between David Farrelly, LETB Director, on behalf of Health Education East Midlands and XXXXXX on behalf of XXXXX Medical Practice. Third Draft 30th March 2015 …………………………………………………………………………………….. David Farrelly, LETB Director on behalf of Health Education East Midlands Date ………………………………………………………………………………. …………………………………………………………………………………….. XXXXX on behalf of XXXXX Medical Practice Date ……………………………………………………………………………….