Regulating the NHS market in England

The government’s draft regulations on procurement, patient choice, and competition, published in February, have opened up old wounds in the debate about NHS reform. The regulations set out in detail how commissioners should procure NHS services under section 75 of the Health and Social Care Act 2012. The stated aim of the regulations, which will be enforced by Monitor as the economic regulator, is to ensure that the NHS Commissioning Board and clinical commissioning groups act to protect patients’ rights and to prevent anti-competitive behaviour.

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