The Department cannot comment on negotiations between independent commercial entities.
The Department has procedures in place to safeguard services, quality and patient safety if an independent sector provider is subject to change of control. All contractual terms still apply.
The level of Departmental involvement depends on the specific contract. In general, for wave one contracts, any change of control requires Departmental consent only when there is a change in performance or termination security guarantee.
For the independent sector extended choice network and phase two contracts, approval is required for any change of control.
In addition, the Department provides guidance to providers setting out what information we require and the standards we expect from providers including clinical governance, management and staffing and service continuity.