ࡱ> 352%` bjbj"x"x .,@@  NNN8 #:X\x"""""""$$hG'P"""R"$ " X&" pP*hNjr!Z","0#!'D~'$&"'&"4""R#          [all text in square brackets should be modified as appropriate remove this text after reading] CONTRACT RELATING TO THE Inpatient 2008 survey Guidance notes This guidance has been produced to explain the purpose of the model Service Contract Relating to the Inpatient 2008 survey (the Service Contract), disseminated as part of the Inpatient 2008 survey. Background to the survey The national patient survey programme was established by the Department of Health and has been operating since 2002. This year will be the sixth year that the national survey of adult inpatients has run. It addresses issues of importance to patients, covering the entire inpatients experience from admission to discharge. These surveys make it possible to build up a national picture of peoples experience, compare the performance of different organisations, monitor change over time, and identify variations between different patient groups. Data from these surveys are also used in policy evaluation. Disclosure of personal data and confidential information The survey contractor ( FILLIN "[Survey contractor company name]" \* MERGEFORMAT ), referred to here as the provider, will require patients details in order to distribute the questionnaires and will request these details from the trust. These data constitute "sensitive personal data" under the Data Protection Act 1998, and as such the disclosure of this information without having obtained consent from the patients may be a breach of the Act, as well as the common law duty of confidence. In order to be able disclose patient information to the provider, without breaching the Act or the common law duty of confidence, each trust that intends to pass patients details to the provider will need to enter into appropriate written agreements with the provider. The organisations that are parties to the written agreement referred to above must be legal entities (for example, the NHS trust, a limited company, or both), so that they have the necessary locus to enter into the agreements, and must be the data controller(s) of the relevant personal data. A data controller is defined in the Data Protection Act 1998 as a person who (either alone or jointly or in common with other persons) determines the purposes for which and the manner in which any personal data are, or are to be, processed. Model Service Contract To minimise the risk of any breach of patient confidentiality, the Healthcare Commission has produced a template written agreement between the provider and individual trusts to cover these arrangements. Previously, the written agreement template consisted of a model contract and an honorary contract. The template agreement required employees of the provider to enter into honorary contracts which confirmed the individual employees obligations to keep certain information confidential as well as their compliance with the Data Protection Act 1998. An alternative to the honorary contract has been provided due to heightened awareness of the obligations of confidentiality in relation to patient records and information, with increased obligations on the provider to ensure that confidentiality and data protection obligations are met as well as specific standards of services delivery. We expect that this revised model will have specific benefits for trusts. The revised option which it has been recommended that we adopt will require the provider to contractually agree that their employees will meet and follow specific obligations in relation to the way that the service is delivered, which will include meeting specific standards of confidentiality and data protection. This will include requiring the employees to sign confidentiality and data protection obligations. In addition the provider will also be contractually responsible for the actions and obligations which are due to and with respect to its own employees, which is an appropriate allocation of responsibility, obligation and risk in relation to trusts. The model Service Contract recommended by the Healthcare Commission can include all relevant arrangements between trusts and providers, for example invoicing details and funding agreements. As the data controller, it is for the trust to decide whether to implement the revised version of the arrangements as recommended by the Healthcare Commission, or to continue with any previous form of agreement. Instructions for completion are provided in the model Service Contract in red text, and within square brackets. Process for review of model Service Contract The model Service Contract is to be reviewed by the relevant legal department/body, at each trust. Any queries relating to the intent or purpose of the documentation should be sent to Karen Hallt at the Healthcare Commission:  HYPERLINK "mailto:Stephanie.Freeth@healthcarecommission.org.uk" karen.hallt@healthcarecommission.org.uk, telephone 0207 4489200 Any amendments to the model Service Contract must be negotiated and agreed by the individual trusts and the provider, independently from the Healthcare Commission. Please contact  FILLIN "[Name of survey contractor staff member who will field queries relating to contacts]" \* MERGEFORMAT  in this instance:  FILLIN "[Contact details (email, then phone number) for survey contractor member of staff (to field queries relating to contracts)]" \* MERGEFORMAT  The survey contractor will then disseminate finalised contracts to each trust and arrange for these to be put into place.     acl W ` b ! " 9 : v w ! &>?WX$%ƾztjt^h1B*^JaJphh1CJmH sH  h1CJ h15\ h1^J%h15B*\^JaJmH phsH h1B*^JaJmH phsH h@^JaJjh@U^JaJh1^JaJ-h15B*CJOJQJ\aJmH phsH  hhc $hc $ hc $\^J hc $^J h15@h1abcl}k l ! "  d7$8$H$ 7$8$H$gdc $$ 0dh&d *$P a$ $ 0dh*$a$dh $ 0*$a$$ 0&d *$P a$ $ 9r a$  %&?@WX$%#$PQY d7$8$H$ d7$8$H$%2#$?@LTXY ~}uqu^J'jh< 5B*U^JmH phsH %h15B*\^JaJmH phsH h< jh< U h15\"h15B*^JaJmH phsH  h15^Jh10JCJOJQJjh15Ujh15U h15h1^JaJh1" *h1B*^JaJmH phsH h1B*^JaJphh1B*^JaJmH phsH YZ-.^ hh^h`h+,-.̾hxQjhxQUh1 h1^Jh1B*^JmH phsH h15B*^JmH phsH 'jh< 5B*U^JmH phsH h< 5B*^JmH phsH ,1h. 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