A new scheme has been launched by NHS Resolution to meet liabilities arising from the special healthcare arrangements being put in place in response to the coronavirus outbreak.
The scheme has been established in accordance with new powers from the Coronavirus Act 2020. It will provide additional indemnity coverage for clinical negligence liabilities that may arise when healthcare workers and others are working as part of the coronavirus response, or undertaking NHS work to backfill others, in the event that existing arrangements (CNST, CNSGP or individual arrangements) do not cover a particular activity.
The scheme will respond to new and alternative ways of working, including new contracts being put in place for the NHS to respond to coronavirus, such as those with the independent sector and organisations supporting testing arrangements. Membership of this new indemnity scheme is not required and cover will be provided automatically under the relevant contracts or arrangements otherwise approved by NHS England and NHS Improvement.
The new scheme complements the existing indemnity schemes operated by NHS Resolution on behalf of the Secretary of State for Health and Social Care. During the coronavirus outbreak, existing indemnity arrangements will continue and the intention is that this additional indemnity cover will provide a safeguard, but not duplicate existing provision. Where NHS Trusts are hosting special healthcare arrangements, for example the NHS Nightingale hospitals, then clinical negligence liabilities will be covered by CNST.
A letter, Clinical negligence indemnity in response to Coronavirus, was sent to providers on 2 April 2020 from NHS Resolution, NHS England and NHS Improvement and the Department of Health and Social Care. An outline of the indemnity arrangements that apply during the coronavirus pandemic is available in our series of frequently asked questions below – you may also refer to our more general document COVID-19 Guidance for general practice and COVID-19 Guidance for trusts
CNSC also provides indemnity cover to Local Authorities taking part in the Community Testing Programme. This covers mass testing of asymptomatic members of the public. FAQs about this LA indemnity cover will be added to this page, so please check back here in January 2021.
You can find additional information regarding the indemnity arrangements for COVID-19 vaccinations here.
Scheme frequently asked questions
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