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Health and Social Care Bill

38A: Clause 19, page 14, line 9, at end insert— ““( ) The regulations must require the Board to include in terms and conditions prepared by virtue of subsection (5)(a) provision for a requirement to be placed upon any organisation that enters into a commissioning contract to provide healthcare with the Board or with a clinical commissioning group to take all reasonable steps to ensure that a patient or, in the event of death or incapacity, their next of kin, is fully informed about incidents which occur as a consequence of providing the contracted healthcare to that patient where the incident has resulted in— (a) any injury to a patient which, in the reasonable opinion of a health care professional, has resulted in— (i) an impairment of the sensory, motor or intellectual functions of the patient which is not likely to be temporary, (ii) changes to the structure of a patient's body, (iii) the patient experiencing prolonged pain or prolonged psychological harm, or (iv) the significant shortening of the life expectancy of the patient; or (b) any injury to a patient which, in the reasonable opinion of a health care professional, requires treatment by that, or another, health care professional in order to prevent— (i) the death of the patient, or (ii) an injury to the patient which, if left untreated, would lead to one or more of the outcomes mentioned in paragraph (a).””