National Health Service (Optical Charges and Payments) and (General Ophthalmic Services) Amendment Regulations 2001

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the National Health Service (Optical Charges and Payments) Regulations 1997 (“the 1997 Regulations”) and the National Health Service (General Ophthalmic Services) Regulations 1986 (“the 1986 Regulations”). The 1997 Regulations provide a scheme for payments to be made by Health Authorities and NHS trusts by means of a voucher system in respect of costs incurred by certain categories of persons in connection with sight tests and the supply, replacement and repair of optical applicances. The 1986 Regulations provide for arrangements for general ophthalmic services under the National Health Service.

Regulations 3 and 4 make amendments to the 1997 Regulations to require the supplier to ask the patient for satisfactory evidence that he is an eligible person when he presents a voucher to obtain an optical appliance under the regulations, unless, in cases other than where the patient is eligible by virtue of his lack of resources, the supplier already has satisfactory evidence. If the patient does not do so, the supplier must record the fact on the voucher.

A number of amendments are made to the 1986 Regulations. Regulation 7 amends regulation 2 of the 1986 Regulations to insert some additional definitions. Regulation 8 imposes some additional requirements in respect of mobile practices responsible for the provision of general ophthalmic services.

Regulation 9 amends regulation 13A to provide that a contractor must ask the patient for satisfactory evidence of entitlement that he is an eligible person when the patient applies for a sight test under the Regulations unless, in cases other than where the patient is eligible by virtue of his lack of resources, the contractor already has satisfactory evidence. If the patient cannot produce such evidence, the contractor shall record the fact on the sight test form. In addition, where the contractor has carried out the sight test at a patient’s home, he must record on the sight test form the reason for the patient not being able to leave home unaccompanied.

The Regulations make some amendments to the terms of service set out in Schedule 1 to the 1986 Regulations. Paragraph 3 of the Schedule is amended to allow contractors to agree to provide general ophthalmic services at day centres or where the patient normally resides in specified circumstances. Provision is made in a new paragraph 3A to require mobile practices to notify the Health Authority in advance when they intend to make visits to day centres or residential centres in that Health Authority’s area. Paragraph 4 is amended to require mobile practices to provide suitable equipment and for this to be inspected, together with their facilities, by a person authorised by the Secretary of State or the Health Authority. Paragraph 6 is amended to provide that records shall be open to the Health Authority but also to the Secretary of State. Paragraph 10 is amended so that information shall only be given to a patient’s doctor following a sight test if it is appropriate and with the consent of the patient.