Data collection requirements: formal notice and guidance

Data collection requirements: formal notice and guidance

The Department of Health and Social Care (DHSC) has published the Formal Notice setting out what information is required by the Secretary of State for Health and Social Care from CQC-regulated adult social care providers, under section 277A of the Health and Social Care Act 2012, as inserted by section 99 of the Health and Care Act 2022.

DHSC has also published guidance on GOV.UK to support providers with this new requirement. DHSC Guidance and the Notice can be found on the GOV.UK website here.

Per the Formal Notice, the first set of monthly data is due by the end of 14 August 2022.

The guidance states:

“From 31 July 2022 we will mandate a core subset of the data which providers have already been submitting through the Capacity Tracker (CT). This will be gathered on a monthly basis. Providers will be required to update their data by the end of the 14th day of each month, or the next working day where the 14th falls on a weekend or public holiday. Data must be no more than a week out of date – that is, data must be correct to no further back than the 8th of each month.

“The first set of monthly data will be due by the end of 14 August 2022.

“Updates for this data will need to be made via the Capacity Tracker … by providers either updating each mandated field individually or by the bulk update functionality. The data must be reviewed between the 8th and 14th day (or the next working day where the 14th falls on a weekend or public holiday) of each month, and, even if there are no changes to be made, the page is ‘saved’ so that it is marked in the system as having been updated.”

This power will “apply to all ASC providers regulated by the Care Quality Commission (CQC).”

“Enforcement powers are not due to begin until November 2022. Further guidance on the enforcement powers will be published in November 2022.”

“Although we will be mandating data from 31 July 2022, we will not be rolling out the enforcement mechanism before November 2022.

“Financial penalties will normally be a last step, which we anticipate using where both the following apply:

    • a provider continues to be, or is persistently, in breach of their data obligations
    • our delivery partner (the NHS Business Services Authority (NHSBSA)) has reached out to offer guidance and support, but the provider is still not sharing their data, and has not made appropriate attempts to do so.

“The level of the fines will be the same as a provider’s CQC registration fee which is scaled to the provider type and size.”

Find the full Statutory Guidance on GOV.UK


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