Common use of RISK AND BENEFIT SHARE ARRANGEMENTS Clause in Contracts

RISK AND BENEFIT SHARE ARRANGEMENTS. The Pooled Fund will include funds ring-fenced from Long Stay In-Patient Beds commissioned by the CCGs, in relation to agreed “dowry” patients. The full current weekly cost of these placements will be transferred into the Pooled Fund with effect from the start of the patient’s Community Care Placement, and that weekly cost transfer will continue. The Pooled Fund will be agreed at the start of the Agreement and reviewed in accordance with paragraph 13 above. If the patient dies, it is proposed that the dowry payments continue and are retained in the Pooled Fund for the benefit of other people in the Transforming Care cohort; similarly, if the patient returns into long-stay hospital inpatient care, the Pooled Fund will fund that hospital placement. If the Community Care Placement costs more than the previous hospital cost for the Service User, the CCG and the Council who are responsible for the care of that patient will each further contribute [50%] [This 50% is for guidance purposes only and the Parties should agree their respective contributions] of the excess cost into the Pooled Fund, again until the patient dies, moves back into Long-Stay Inpatient Bed Care or becomes 100% Continuing Health Care funded. If the Community Care Placement costs less than the previous hospital cost, the surplus will be retained in the Pool Fund and, if there is an overall surplus at the end of the financial year, this will be carried forward into the next financial year to help offset any future excess costs for the CCG and Council. Should these arrangements not be extended beyond one year, the surplus shall be apportioned between the Partners pro rata to the value of their respective Financial Contributions [excluding Non-Recurrent Payments] for the Financial Year in respect of which the surplus occurs. Within the overall Pooled Budget for the TCP area, there will need to be separate accounting arrangements maintained and reported on for each individual CCG and Council relationship i.e. funding arrangements for the dowry patients they alone are responsible for. The Pooled Budget and its transactions (payments in and out) will be maintained, reported on and carried out by the nominated Pooled Fund Manager of the Council on behalf of all the Partners. [This assumes one of the local TCP Councils will be holding the pooled budget and that the Pooled Fund Manager will be an officer from that Council]. The Pooled Fund Manager will report on the position of each CCG/Council dowry funding relationship and the overall Pooled budget at least quarterly, and at the end of each year, to the TCP Partnership. The internal and external auditors of all Partners will be provided with reasonable access to all Pooled Budget records and reports necessary for them to fulfil their duties and responsibilities. Payments from the Pooled Fund will be transacted to help meet the new costs of packages for each Service User. Whichever Council commissions the Community Care Placement, an invoice will be sent to the Pooled Fund Manager for the cost of that Community Care placement, and the Pooled Fund Manager will make the payments from the Pooled Fund.