NHS indemnity can be extended to a private provider that takes on NHS overflow work. This is defined in the legislation that supports the Clinical Negligence Scheme for Trusts (CNST). The last time Owlicity reviewed the legislation and rules there was no mechanism to extend to a sub-contractor of a private provider. This means that a private contractor (e.g a private hospital) could get CNST cover, but that could not be extended to a sub-contractor (e.g an individual surgeon).
Very technically there is a mechanism to get this additional extension without primary legislation (an Act of Parliament). In order for a sub-contractor to be covered - there would have had to be this extension to sub-contractors AND the chain from NHS to contractor to sub-contractor would have had to apply for NHS cover. We believe that it is unlikely that this has all happened. Certainly the sub-contractor islikely to have filled in some paperwork if CNST has been extended.
If your private practice is taking NHS overflow work, Owlicity suggests asking the entity providing the work about CNST cover as a first off. As the exact mechanism for cover is not that clear, this question might not produce a clear answer.
Owlicity is on hand to analyse and advise as required.
