Independent Sector Providers (ISPs) can be awarded contracts to provide NHS services in number of ways. Integrated Care Boards (Integrated ICBs) will tender services for contract providers or NHS trusts may subcontract work directly to a qualified provider.  Insourcing and outsourcing contracts for elective care waiting lists are also provided by Independent Provider Sector for dermatology.

For those working for or who are an independent provider of NHS services, the service terms and conditions of the NHS contract apply. This includes both the full length Service Conditions and the General Conditions.

NHSE guidance provides support for Independent Sector Providers (ISPs) in understanding how to make their services available for referral and booking through the NHS e-Referral Service (e-RS).

It is important that independent providers of NHS care adhere to the following NHS Digital guidance in order to ensure that their data is correctly configured and can be accessed in SUS.

An organisation that holds a qualifying contract (NHS Contract or NHS subcontract) and does not qualify as an employing authority under any other access route, may apply to become an independent provider employing authority (IPEA). Access to the NHS Pension Scheme as an IPEA is voluntary and for those employees who are not members of the NHS Pension Scheme.

An independent provider application form must be completed in full and submitted with supporting contract documents via the NHSBSA website.

The NHS Standard Contract for both NHS and independent providers under the General Conditions (5.7) states: The Provider must: have regard to the Health Education and Training Quality Framework and to Guidance for Placement of Doctors in Training.

Time for training, reflection, assessment, logbook review etc. should be taken into account by contractors and commissioners when setting up contracts locally. However, it is anticipated that formal clinical and educational supervisor roles will continue to be delivered at the host NHS trust as part of normal clinical and educational supervision arrangements.

NHS staff in training grades who work in independent sector (IS) hospitals as part of their NHS training are covered by NHS indemnity (via the Clinical Negligence Scheme for Trusts membership of the employing Trust), provided that such work is covered by an NHS contract of employment and the doctor in training’s employer has given permission for the training to occur in the IS. This is regardless of whether the supervising Consultant is an NHS Consultant or employed/engaged directly by the IS (and regardless of hours worked).  All supervising Consultants, whether NHS or directly employed by the IS will need to be trained to GMC standards and on the local Postgraduate Dean’s trainer database to ensure GMC standards are met.

The Insourcing of Clinical Services Framework Agreement enables the use of insourcing to support elective recovery within the NHS. It differs to locum and agency staffing supply with the full end to end service being provided, not just staff. Departments can bring in a third-party provider who utilises their Trust’s premises out of hours, during the weekend and in the evening to see and treat patients.  Insourcing is largely focused on secondary care and the services are generally used out of hours when the premises/equipment is not being used by the NHS, thus making efficient use of the services.