Update on the HSE and CQC Memorandum of Understanding

Key Points for Health and Social Care Providers

The Health and Safety Executive (HSE) and Care Quality Commission (CQC) have recently updated their Memorandum of Understanding (MoU), supported by the Local Government Association (LGA). This refreshed MoU outlines each body’s responsibilities around safety and treatment standards within health and social care environments and aims to enhance information sharing between the two agencies.

What This Means for You

For providers registered with the CQC, the CQC remains the lead body responsible for inspecting and enforcing standards related to the safety and quality of treatment. The new MoU aims to facilitate better communication between HSE and CQC, ensuring that both organisations share pertinent information and alert other relevant parties where appropriate. This coordination is intended to improve regulatory oversight, prevent incidents, and uphold high standards of care.

Time to Review Your Directors and Officers (D&O) Insurance

Given this shift in oversight, it’s an ideal moment to review your Directors and Officers (D&O) insurance policy. This type of cover is essential for safeguarding individual directors and the wider organisation in the event of regulatory investigations or enforcement actions.

What to Look for in D&O Insurance:

• Protection During Investigations: Ensure your policy covers the costs associated with investigations, particularly where regulatory bodies have enforcement powers, like the CQC and HSE.
• Broad Cover for Individual Directors: D&O insurance should include robust protections for individual directors, safeguarding them against personal liability.
• Optional Cover for Regulatory Fines: Some D&O policies offer additional cover for regulatory fines, adding an extra layer of financial security in cases of enforcement actions.

Moving Forward

With these updates in place, ensuring your D&O insurance is fit for purpose can provide peace of mind and financial protection for your organisation’s leaders. If you’re uncertain about your current cover, this could be the right time to review and adjust your policy to meet the updated regulatory landscape.