BMA LAW COLLABORATIVE WORKING FOR GENERAL PRACTITIONERS Copyright

BMA LAW COLLABORATIVE WORKING FOR GENERAL PRACTITIONERS Copyright notice © This presentation, including without limitation text, logos, icons, photographs and all other artwork, is copyright material of the British Medical Association. 2013

WHY ‘FEDERATE’? Work = § GMS/PMS § AQP § Provider arm: Secondary Care Commissioning Contracts © British Medical Association 2

PRACTICAL REASONS FOR ‘FEDERATING’ • Separating ‘core’ work from more high risk work • Unified, streamlined structure • Shared Resources: staff, equipment, expertise • Better and more acceptable medium for bidding and tendering • Limited liability © British Medical Association 3

INFORMAL STRUCTURES • GMS & PMS = partnerships • AQP = Partnerships (or Companies) • Sole Trader • Low risk work • No immediate need for limitation of liability • Easy/flexible/less regulated © British Medical Association 4

WHICH OPTION DO I CHOOSE? • Think about the type of work you are being required to do • Look at the type of contract you are required to sign • Consider complexity + risk • Consider financial input • Consider sanction + penalties + liability • Staff – employing or engaging • ALL ABOUT RISK © British Medical Association 5

FORMAL STRUCTURES • Will necessarily be more regulated eg. Companies House • Financial Conduct Authority (IPS) • More formal meetings • Statutory obligations • BUT: limited liability © British Medical Association 6

COMMON TYPES • Company limited by shares • Company limited by guarantee • Social Enterprise/Community Interest • Industrial Provident Societies = Co-operatives • LLPs © British Medical Association 7

OTHER CONSIDERATIONS • Pensions (Employing Authority) (Staff access) • Shared staff • Equipment • Disbursement of Income eg Shareholdings, Surplus • VAT © British Medical Association 8