South Ayrshire Health and Social Care Partnership REPORT Meeting of South Ayrshire Health and Social Care Partnership Held on Integration Joint Board 2 nd April, 2015 Agenda Item 11 Title CLINICAL NEGLIGENCE AND OTHER RISKS INDEMNITY SCHEME (CNORIS) Summary: To seek approval from the Board to submit an application to become a member of the Clinical Negligence and Other Risks Scheme (CNORIS), The Scheme. Presented by Tim Eltringham, Director of Health & Social Care Action required: It is recommended that: (1) the Board agrees to seek membership of the CNORIS Scheme through application to Scottish Ministers; and (2) otherwise notes the content of the report. Implications checklist check box if applicable and include detail in report Financial HR Legal Equalities Sustainability Policy ICT 1
SOUTH AYRSHIRE HEALTH AND SOCIAL CARE PARTNERSHIP INTEGRATION JOINT BOARD 2 nd April, 2015 Report by Director of Health & Social Care CLINICAL NEGLIGENCE AND OTHER RISKS INDEMNITY SCHEME (CNORIS) 1. PURPOSE OF REPORT 1.1 To seek approval from the Board to submit an application to become a member of the Clinical Negligence and Other Risks Scheme (CNORIS), The Scheme. 2. RECOMMENDATIONS 2.1 It is recommended that: (1) the Board agrees to seek membership of the CNORIS Scheme through application to Scottish Ministers; and (2) otherwise notes the content of the report. 3. BACKGROUND INFORMATION 3.1 CNORIS is a risk transfer and financing scheme which was established in 1999 for NHS organisations in Scotland. The primary objective of the Scheme is to provide a cost effective risk pooling and claims management arrangement for those organisations which it covers. 3.2 The Scheme s basic objectives are: to provide advice on clinical and non-clinical Scheme coverage to all parts of the NHS in Scotland; to support Scheme Members in an advisory capacity in order to reduce their risks; to indemnify Members against losses which qualify for scheme cover; to allocate equitable contributions amongst Members to fund their qualifying losses; to provide Members with Scheme financial updates throughout the year to help with financial management and planning; and. to help manage risk by providing Members with clinical and non-clinical loss analysis throughout the year. 3.3 The Scottish Government Health and Social Care Directorate (SGHSCD) fund all large losses (those above the current Scheme excess of 25,000) during each financial year. At the end of the financial year SGHSCD collects funds from Members to pay back the deficit accrued in-year. 2
3.4 To share the cost fairly between Members, clinical and non-clinical risk profiles are created which determine relative risks for each organisation. The total annual deficit is then shared between Members according to their proportion of the overall risk. 3.5 In eliminating the need to forecast losses, or to reserve funds within the Scheme, Members contribute to losses only during the period in which they have settled, enabling Members to retain funds for investment in frontline services for the longest possible period. 3.6 In summary, CNORIS provides indemnity to Member organisations in relation to Employer s Liability, Public / Product Liability and Professional Indemnity type risks similar to that generally available within the commercial insurance market. The Scheme will provide Indemnity to Principle where required. CNORIS also provides cover in relation to Clinical Negligence. 3.7 The Scheme provides indemnity to Member organisations in relation to their legal liability associated with work experience recruits of whatever age acting on behalf of Member Organisations. CNORIS will similarly provide indemnity to Member Organisations in relation to their legal liability associated with students working with Member Organisations on placement from an educational establishment. 3.8 CNORIS provides indemnity in relation to legal liability of Member Organisations associated with volunteers of whatever age acting directly on behalf of the Member Organisations. For the avoidance of doubt, no cover is provided in relation to voluntary organisations. 4. REPORT 4.1 The National Health Service (Clinical Negligence and Other Risks Indemnity Scheme) (Scotland) Amendment Regulations 2015 amend the National Health Service (Clinical Negligence and Other Risks Indemnity Scheme) (Scotland) Regulations 2000 ( the principal Regulations ). 4.2 The principal Regulations establish the Clinical Negligence and Other Risks Indemnity Scheme ( the Scheme ) which makes provision for meeting liabilities and indemnity in respect of other financial loss by Scheme Members. By virtue of the principal Regulations, all Health Boards, other statutory health bodies and the Mental Welfare Commission must be members of the Scheme. 4.3 These Regulations amend the provisions of the principal Regulations so that Integration Joint Boards and Local Authorities may become members of the Scheme. 5. RESOURCE IMPLICATIONS 5.1 Financial Implications 5.1.1 In calculating the contribution that the Integration Joint Board will require to make to the Scheme, Scottish Ministers will take into account: their estimate of the total amount which will, (by virtue of Regulation 9 (payments under the Scheme)), fall to be paid during that membership year in respect of all qualifying liabilities and financial losses under the Scheme; 3
the nature of the Member s relevant functions; the number of employees of the Member who are engaged in the performance of a relevant function, or any part of such a function, and the qualifications and experience of those employees; and their assessment of (i) (ii) the effectiveness of any steps being taken, or to be taken, by the Member, with a view to reducing the incidence of qualifying liabilities and financial losses in connection with any relevant function; and the effectiveness of any such steps which may previously have been taken; and may have regard to any other factor concerning that or any other Member or the Scheme which they consider to be material to their determination. 5.1.2 Indicative costs are expected to be less than 5,000 per annum given that there are no previous claims, and that all employees will continue to be employed by either the Health Board or the Council. 5.2 Human Resource Implications 5.2.1 There are no human resource implications arising from this report. 5.3 Legal Implications 5.3.1 The National Health Service (Clinical Negligence and Other Risks Indemnity Scheme) (Scotland) Amendment Regulations 2015 amend the National Health Service (Clinical Negligence and Other Risks Indemnity Scheme) (Scotland) Regulations 2000 ( the principal Regulations ). This allows the Integration Joint Board to apply to the Scottish Ministers for membership of the Scheme. 6. CONSULTATION AND PARTNERSHIP WORKING 6.1 The Chair of the Integration Joint Board, Councillor Rita Miller, has been consulted on the contents of this report. 7. EQUALITIES IMPLICATIONS 7.1 There are no equalities issues arising from any decisions made on this report. 8. SUSTAINABILITY IMPLICATIONS 8.1 There are no sustainability issues arising from any decisions made on this report. 9. CONCLUSIONS 9.1 This report recommends that the Integration Joint Board agrees to join the Clinical Negligence and Other Risks Scheme (CNORIS). 4
REPORT AUTHOR AND PERSON TO CONTACT Name: Tim Eltringham, Director of Health and Social Care Phone number: (01292) 612419 Email address: Tim.eltringham@south-ayrshire.gov.uk BACKGROUND PAPERS Public Bodies (Joint Working) (Scotland) Act, 2014 The National Health Service (Clinical Negligence and Other Risks Indemnity Scheme) (Scotland) Amendment Regulations 2015 23.03.15 5