15 August 2008
NHS trusts could be fined up to £50,000 for failing to prevent hospital infections, under proposals put forward by the Department of Health this week.
NHS chief executive David Nicholson published plans to amend the Code of practice for the prevention and control of health care associated infections from April 2009, when the new regulator – the Care Quality Commission – will begin registering and inspecting health care providers.
Last month, the department announced that the NHS had come within a whisker of halving the rate of MRSA 'superbug' infections, three months ahead of schedule. This week's proposals are designed to speed up progress on MRSA and other healthcare-associated infections.
Lord Darzi's NHS Next Stage Review final report, published in June, also promised strong regulatory action against healthcare-associated infections as part of the overall quality programme.
Under this week's proposals, hospitals will have a legal requirement to protect their patients and staff from contracting infections. They will also have to satisfy the new regulator that they meet the requirements in the code of practice.
NHS providers that fail to comply with the regulations can expect a range of actions from the new regulator – from written warnings to penalty notices and suspension.
There will be a range of fines in lieu of prosecution, including up to £4,000 for failing to meet basic hygiene standards and up to £1,250 for obstructing an inspector or failing to provide all relevant information. Hospitals that refuse to pay these fines could face further action, including prosecution.
The courts will decide the level of the fine, which could be up to £50,000, and might also issue a separate penalty for each offence successfully prosecuted.
Nicholson said patients must be reassured that they will receive a safe, quality service.
NHS Confederation deputy policy director Jo Webber said fines should be a last resort. 'NHS trusts are absolutely clear that they have a responsibility to maintain high standards of hygiene. Where there are problems they would hope that the commission would work with them to resolve those difficulties.'
The consultation closes in October.
PFaug2008
