Health Care Professional Terms and Conditions

General Terms and Conditions of the Harley Street Hospital for Healthcare Professionals

1. Introduction
Unless otherwise agreed, this Consultant General Terms and Conditions shall apply for contractual relationships between a Hospital and a Healthcare Professional who is providing consultation and/or treatment at HSH.

2. Definitions
2.1 HSH: Harley Street Hospital Limited with registered address at 19 Harley Street, London, England, W1G 9QJ and Company Registration Number: 11345153 which provides general venue and facilities whereby a Health Care Professional provides professional medical service to its patient.
2.2 Healthcare Professionals (HCP): a medical professional who has practising privileges at the Hospital which includes Medical practitioners, doctors , physiotherapists, specialists and other such practitioners who sees and/or treat the patient at HSH.
2.3 “Private Patients” mean all patients include patients who are covered by medical insurance and patients who are paying for their own treatment regardless of whether they are entitled to have NHS Care;
2.4 “Applicable Law” means any and all laws, regulations, guidelines and professional obligations applicable to the provision of Care or the performance of services for you, including the requirements as regards treatment, procurement, research and storage of reproductive material
2.5 “Care” means care, treatment, diagnosis, services (including Sundry Items) and goods provided by us;
2.6 “Terms” means these terms and conditions;

Scope of the Care
3.1 The scope of the “Care” covers the medical practice and service provided by the GP/consultant under his/her own professional knowledge and qualified experience.

3.2 The Hospital will put best endeavours to provide satisfactory standard of care, facilities and resources for the Care by providing administrative and intellectual resources to the GP/Consultant and to the Patient.

3.3 However, the Hospital reserves the right to refuse patient admission or to cancel or change the date of admission for any reason, including, but not limited to, delays or cancellations as a result of an event outside the control of the Hospital and/or the GP/Consultant, for operational or technical reasons

Healthcare Professionals (HCP) responsibilities
4.1 HCP must ensure that their Practising Privileges have been granted before any patient can be seen and/or treated.

4.2 HCPs are independent contractors and are not employees, agents or sub-contractors of HSH’s. As such, they are responsible for their own tax, national insurance and indemnity arrangements. The HSH will accept no vicarious liability for the acts, omissions or defaults of Medical Practitioners granted practising privileges, or for those whose actions they have formally accepted accountability for.

4.3 HCP ensures that their Hepatitis C and HIV antibodies levels are checked and negative. They also confirm that their Hepatitis B vaccination session has been completed and remain immune with required level of antibody levels. In particular, in the event of infection with hepatitis B or C or HIV, this must be notified as soon as practicable and the Consultant must not undertake exposure prone procedures until advised otherwise by an occupational health physician and agreed by the Medical Director.

4.4 HCP will immediately notify the Medical Director/Registered Manager/Lead Nurse of any health matters likely to affect their ability to practice or the health and safety of patients and staff

4.5 HCP agree that they have an adequate insurance or indemnity cover for the provision of services with any details of restriction of cover. It remains HCP responsibility to renew their indemnity insurance when required. They must also provide information on previous/pending claims. In accepting a Medical Practitioner’s indemnity arrangements, HSH gives no representation or warranty that the levels of cover are adequate for the Medical Practitioner’s own circumstances. This matter should remain in HCP responsibility. For Surgical Medical Practitioners, minimum indemnity requirement is £10million per claim.

4.6 HCP will inform the Registered Manager/Medical Director as soon as they are aware of any ongoing legal action for alleged medical negligence, any previous litigation or threatened litigation in connection with their professional performance, or any criminal convictions.

4.7 HCP accepts that they will only practise procedures or techniques that are part of the Consultant’s normal NHS practice. No Consultant may admit patients to, or treat patients in HSH’S facilities other than in accordance with their specified practising privileges, nor may they practise outside the scope of agreed procedures or clinical activities without the explicit consent of the Medical Director and/or Registered Manager.

4.8 HCP agrees to maintain full registration with the GMC and/or the relevant professional bodies.

4.9 HCP are expected to meet the Continuing Medical Education requirements of their relevant Royal College and relevant professional bodies and participate with any requirements relating to annual whole practice appraisal and five-yearly revalidation by the GMC.

4.10 HCP will undergo annual appraisal. For those holding NHS posts, the appraisal will take place via their NHS organisation.

4.11 HCP will provide the outcome of their appraisal on an annual basis to HR who will submit it to the Medical Advisory Committee (MAC). If the MAC recommends amendment or withdrawal of practising privileges, the Medical Director will take this into account before notifying his/her decision to the Consultant in writing within 28 days.

4.12 It is each HCP’s responsibility to complete all annual mandatory training requirements (including information governance training) set by their Designated Body for revalidation purposes, evidence of which may be requested by the Medical Director/Registered manager or HR from time to time.

4.13 HPC will inform the Medical director/Registered Manager immediately of any change in their registration or notification of any complaint to the Council. This includes any conditional registration, suspension at any time or investigation pending or in process, even if in a foreign country, need to disclose: any investigations, suspension, dismissal or informal but enforced leave of absence in the NHS any investigation, restriction, suspension or withdrawal of practising privileges granted by another private hospital any investigation, restrictions or suspensions undertaken or endorsed by a regulatory authority.

4.14 HCP will comply with all HSH policies including and not limited to published SOP’s which can be accessed on HSH Portal under “policies” or by emailing a request to hr@livharleystreet.co.uk. When there is a disputed issue which is not covered under HSH policies, regulatory body and College’s statements and guidelines will be taken as a reference point to resolve the dispute.

4.15 HCP will fully participate in HSH clinical risk management, audit and benchmarking programmes. These include (but are not limited to) Patient Reported Outcomes Measurement, Incident reporting, and regulatory data reporting requirements and relevant professional registries. Medical Practitioners should also participate in root cause analysis of serious adverse events.

4.16 HCP will participate fully in HSH’s complaints procedure, and specifically, respond in a timely manner to requests for statements and responses to complaints from patients to enable resolution within published timescales.

4.17 HCP will use the HSH’s Pharmacy to procure any pharmaceuticals intended to be used on any patient treated at that HSH, and are not permitted to source and supply their own medicines. Failure to comply with this requirement will place HSH’s registration at risk and may lead to the suspension or withdrawal of Practising Privileges. The regulatory bodies may also be informed if patient safety is at risk.

4.18 HCP will comply with the legal requirements to procure any implantable devices or equipment intended to be used on any patient treated at HSH. The guidance can be found on: https://www.gov.uk/guidance/medical-devices-how-to-comply-with-the-legal-requirements.

4.19 HCP will keep confidential and not disclose to any third parties any commercial information relating to the business or financial affairs of HSH’S, or matters and information in relation to clinical governance data, unless required to do so by regulatory or statutory authorities or by prevailing medical ethics.

4.20 HCP will advise HSH of any occurrence or outcome relating to their practice which might reasonably be expected to have the potential of bringing into disrepute their professional standing or the professional or commercial standing of HSH.

4.21 HCP will inform the Medical Director/Registered Manager immediately in the event that they have a conflict of interest between the holdings of practising privileges at HSH and a financial or managerial interest in a competing private healthcare provider (excluding normal practising privileges).

4.22 HCP will support programmes run by HSH in order to comply with European and UK legislation, for example the Data Protection Act 1998 and the Health and Social Care Act 2008 (Regulated Activities) Regulations 2010 and the Care Quality Commission (Registration) Regulations 2009.

HSH responsibilities
5.1 Maintain registration with the CQC to provide 3 regulated activities to take place at HSH such as “Treatment of disease, disorder or injury”, “surgical procedures” and “Diagnostic and Screening Procedures” at HSH

5.2 To comply with The Health and Social Care Act 2008 (Regulated Activities) Regulations 2014.

5.3 To comply with Health and Safety Act 1974 and its updates and additions made in 1992 and 1995 where applicable to Healthcare facilities.

5.4 Keep HSH adequately heated, clean and lit and provide reception services during normal opening hours and facilities will be closed during weekends

Fees
6.1 The fee for the Care provided by the Hospital is subject to the statutory provisions

6.2 Each HCP/Clinic will comply with the “Financial Transparency Policy” at HSH. All patients must be issued the full cost of their care and procedures before being admitted.

6.3 The HCP may not be allowed to take any bloods/tissue samples without prior written agreement with the HSH.

6.4 HCP will not use HSH resources to make any imaging/laboratory requests or purchase any consumables under Harley Street Hospital or 19 Harley Street Health account unless written agreement is with the HSH. The cost of such purchases and tests will be settled by the HCP.

6.5 Where the HCP/ representing clinic is the fee payer for the services provided by HSH on behalf of their patients, HCP will receive the required fees in advance and the fee will become payable prior to the service being confirmed by HSH. If there is an SLA between the HCP/Clinic and HSH, the fee may be paid after the service has been delivered according to the SLA. A deposit may be required in advance. The fee becomes payable after delivery of the service. After expiration of fourteen days (14) days from presentation of the account the Hospital reserves the right to charge interest on such overdue accounts at the rate of two (2) percent (%) above the prime lending rate applicable.

6.6 In the event where HCP/Clinic have failed to pay the fee mentioned above (4.5), HSH will have the legal right to recover the original amount and any additional costs ie legal, staffing, admin, collection agency fees to recover the full outstanding amount owed.

6.7 Private Medical Insured Patients: HCP will be responsible for checking with the insurer that patient’s insurer’s policy covers the Care/procedure planned to be undertaken at HSH.

General Rules
7.1 As a condition of your Practising Privileges and/or when booking patients for clinic and/or procedure, HCP agree to be bound by these Terms.

7.2 Third Party Rights: Except for you or HSH, no person will have any rights under or in connection with these Terms.

7.3 Law and the Courts: These Terms are governed by and shall be construed in accordance with English law and the courts of England and Wales shall have non- exclusive jurisdiction.

7.4 If any patient admitted to the Hospital for treatment and/or for diagnostic tests requires transfer to another unit, whether electively or as a result of an emergency, the HCP agrees that HSH cannot be financially liable for the costs arising from the extra care.

7.5 If concerns about the quality of care arise, including, but not limited to claims of medical negligence, all patients are advised to raise such concerns in the first instance with their treating HCP/Clinic.

Data Protection / Confidentiality
9.1 We are committed to the fundamental right of protecting your data. We will process your data in compliance with our Privacy Policy and the General Data Protection Regulation and Data Protection Act 2018.

9.2 We are committed to protect the Patients and HCPs confidentiality in accordance with the relevant legislations including The Data Protection Act (DPA) 1998, the Health and Social Care Act 2012, the Health and Social Care (Safety and Quality) Act 2015, the Medical Reports Act 1988 and Health Records Act 1990 and the guideline on confidentiality of the British Medical Association.

9.3 Any information provided by you will only be used for the purposes for which it was requested. Information will not be passed to any third party without HCP’s expressed consent.

9.4 Internet email is not a secure medium. Emails sent via the Internet could be intercepted and read by someone else. The HCP has a responsibility to ensure laws are not broken when composing or forwarding emails and their contents. Secure emails such as “nhs.net” can be used for patient related correspondence. HSH can provide a secure email service depending on the frequency of such emails and nature of services.

9.5 Under no circumstances, personal phones should be used to take pictures and making clips of patients. Such recordings will require consent from the patient and HSH.

10. Complaints Procedure
Complaints should be submitted to feedback@livharleystreet.co.uk The Registered manager will review and be in contact with you. HSH is a member of ISCAS and all complaints will be dealt in line with the ISCAS guidelines.

11. Disclaimer

Whilst the Hospital will take all reasonable efforts to ensure the safety of your belongings, the Hospital is not be liable or responsible for any loss of, damage or destruction to, any property, including money and valuables, belonging to HCP and the patient, or in possession of the patient, or given to the Hospital for safekeeping, even if the Hospital is/was negligent in any way and no matter how the loss, damage or destruction was caused.