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NHSLA CNST price consultation launched

The NHSLA has published a consultation document which sets out potential approaches to setting contributions from Members from April 2017.

The document can be accessed by clicking here.

What does the NHSLA want to achieve?

The NHSLA would like all Members of the scheme to input into the consultation to attempt to build a consensus amongst its membership about how CNST (Clinical Negligence Scheme for Trusts) should be developed and the future of CNST pricing.

  • Key messages for this consultation are:
  • Claims growth and claims inflation has increased CNST contributions across the NHS significantly.
  • Risk Management Standards were dropped because they did not incentivise the NHS to be safer.
  • Is there a way that the NHSLA can create a forward looking view of risk? What incentives could the NHSLA provide for you to invest in risk reduction measures? Do you have any reliable data available that the NHSLA can use to predict harm, risk or a claim?
  • Is it possible to segregate out older and larger liabilities, for example a birth injury claim, from the remainder of the expenditure and treat them in a different way? Would you agree to this “top slicing” approach?
  • Are there any incentives or additional services which your Trust could use or benefit from and which could help to reduce the number of claims brought? The buying power of CNST could be used to purchase training packages or processes.

How can we respond to the consultation?

Responses to the consultation should be submitted by 17th May 2016.

We recommend that your organisation responds to this important consultation to ensure that your views are considered by the NHSLA.

How can Ward Hadaway help?

For further information on the issues raised by this newsflash, please get in touch.

Please note that this briefing is designed to be informative, not advisory and represents our understanding of English law and practice as at the date indicated. We would always recommend that you should seek specific guidance on any particular legal issue.

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