1. education

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
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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.
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Termination
Either Party may cancel the Agreement by giving the other 3 months prior notice
at any time.
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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
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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.
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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.
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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.
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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
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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.
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……………………………………………………………………………………..
David Farrelly, LETB Director on behalf of Health Education East Midlands
Date ……………………………………………………………………………….
……………………………………………………………………………………..
XXXXX on behalf of XXXXX Medical Practice
Date ……………………………………………………………………………….