Bill Moyes, executive chair of the foundation trust regulator Monitor, has yet to agree a new contract with the Department of Health to guarantee his position, HSJ has learned.
The creation of the new Care Quality Commission, due to launch in April 2009, has led to questions over the role of Monitor when all trusts become foundation trusts.
However, it is understood Mr Moyes is not interested in becoming chair or chief executive of the new regulator.
HSJ understands that Mr Moyes has been in negotiations with the DH over the terms of his contract since late last year.
A spokesman for Monitor confirmed that Mr Moyes' contract "formally came to an end in January".
"Mr Moyes fully expects to be offered a new contract by the secretary of state," he added.
A DH spokesman told HSJ that an announcement on Mr Moyes' position would be made imminently.
Mr Moyes has headed Monitor since its inception in December 2003.
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