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NHS Contract Update

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  • Recent communication from the BDA suggests that NHS England are considering imposing financial penalties if NHS contract holders are unable to meet 45% of their pre-pandemic UDA targets from 1st January 2021.


  • For the period before 1st January 2021 the previous 20% requirement would apply however if introduced, these new measures would mean that from 1st January 2021 to 31st March 2021, contract holders would be required to achieve 45% of their pre-pandemic UDA target.


  • Contract holders who do not achieve these targets could expect a proportion of their contract value to be clawed back during the year end reconciliation process. For those who fail to meet 36% of their UDA target, they are likely to be required to return a significant majority of their funding.


  • In the first half of 2020 FTA Law were particularly proactive in assisting a number of NHS contract holders in protecting their interests should circumstances such as this come to pass. The non-confrontational correspondence we entered into with NHS England on behalf of our clients remains a valid and legally sound course of action and one which we would be happy to discuss in more detail with any affected party.


If you have any queries please contact FTA Law on telephone number 0330 088 2275 or email the Head of Dispute Resolution on

The team at FTA Law provides advice to clients across the commercial and healthcare sectors with many of our instructions coming from referrals from long standing clients and industry contacts.

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