DEPARTMENT OF HEALTH
News Release (2007/0196) issued by The Government News Network on 12
July 2007
A consultation was
launched today which will determine how new powers to tackle fraud
will be used. The government is consulting on a new code of
practice to set out how NHS counter fraud and security specialists
should obtain documents from individuals and contractors
effectively and appropriately.
The powers, granted under the Health Act 2006, set out how NHS
fraud or security investigations can be boosted by asking
individuals or contractors to provide documents that could contain
evidence. Failing to provide documents as requested, or giving
misleading information could result in up to a two year prison
sentence or a fine.
The powers will help combat financial losses to fraud in the NHS
- however, it is necessary to ensure that the powers will be used
in a way that does not disrupt patient care.
Of particular importance is the need to protect patient
confidentiality and ensure that any information obtained is used
only for progressing investigations into fraud and security
breaches. The code will also ensure the information is kept secure
and not misused.
The proposed code of practice is the result of consultation and
dialogue with stakeholders - individuals and organisations will
have a further opportunity to comment on the code of practice over
the course of the consultation.
Dermid McCausland, Acting Managing Director of the NHS CFSMS said:
"We are committed to an NHS with the lowest possible fraud
and the best possible security, and we believe the new powers will
help achieve those aims. NHS counter fraud and security management
specialists will be able to obtain essential information that will
be invaluable to the investigations they carry out.
"We have worked closely with colleagues and stakeholders to
ensure that the powers will be used with sensitivity to the needs
of patients and staff and the consultation will be valuable in
gaining the views of interested parties."
Notes to editors
1. These powers were granted in the Health Act 2006, and will
mean there is less need for the police to search premises and
seize documents.
2. In May 2007, the NHS (Wales) Act 2006 came into force, and the
powers in the Health Act 2006 are now found in the NHS (Wales) Act
2006 (Part 10, sections 143 to 158). In Wales the powers relate
only to countering fraud and not security management.
[ENDS]