Health Care Regulators in 2017

Health Care Regulators will be considering in 2017 how best to achieve their primary purpose of protecting the public whilst at the same time cutting their costs and reducing the burden of registrants’ annual retention fees. Any medical defence union worth its salt will scrutinise carefully the large sums that regulators extract annually from their members to ensure maximum value and minimum waste.

So rather than decide, as a Health Care Regulator, what your New Year’s Resolutions ought to be, you might first consider the kind of regulator you want to be: there is, of course, a difference between saving money and providing value for money.

You will have in mind Right Thinking Regulation as defined by the Professional Standards Authority for Health & Social Care. In a nutshell, regulation should be proportionate, consistent, targeted, transparent, accountable and agile. That is to say, there should be regulatory intervention only where necessary, remedies should be appropriate to the risk posed and costs identified and minimised; rules and standards must be, to use the Authority’s words, “joined up” and implemented fairly; regulation should be focused on the problem and minimise the side effects; regulators should be open and keep regulations simple and user friendly; regulation must be able to justify decisions and be subject to public scrutiny; and regulation must be able to adapt and anticipate change.

When you, as Regulator, are setting your goals for 2017 bear these principles firmly in mind and identify what you will need to do in order to achieve them. Ask: are we spending our budget effectively? Is the money going towards Education, Registration and Fitness to Practise or do we have oversized Communications and HR departments that are syphoning off funds for our own spin when they could be better spent for the more effective regulation of professionals? Ask yourself, what kind of regulator would achieve the goals we wish to achieve?

Make sure you schedule your goals. It is well-established that when an organisation commits to achieving targets by specific dates it is more likely to follow through and complete them.

Bear in mind also the challenges which may arise and impede your progress. Plan for them now and they are much less likely to derail you.

Remember too that there will be things outside of your control. Make sure you are aware of what you can and cannot do within the terms of the Acts, Statutory Instruments and Rules which govern you. The more you concentrate on what you are able to control without outside intervention or further legislation – which in the context of Brexit could be years away – the more you are likely to achieve successful outcomes.

As a Regulator, ask demanding questions of your own organisation. How can you make a positive difference for public protection and the welfare of your registrants? What impact are you making? Focus on that now and you will see better results by next January.

If you are not already reviewing your investigation thresholds, the types of cases which should be referred for local resolution, the level of regulation proportionate to the risk posed and the level of costs involved, you may wish to schedule those into the organisations 2017 goals right now.

Finally, but very importantly, consider those members of your staff who have to deal daily with aggrieved members of the public and highly stressed registrants who are subjected to protracted fitness to practise investigations. It brings its own stresses and you will be well aware that staff turnover in these areas is high. By motivating and retaining those employees you will the better enable your organisation to be an effective regulator.

So is your New Year’s resolution to save money? Or is it to be an effective and proportionate regulator?