The National Health Service (General Medical Services Contracts and Personal Medical Services Agreements) Amendment Regulations 2014

Substitution of regulation 18B of the Personal Medical Services Agreements Regulations

10.  For regulation 18B of the Personal Medical Services Agreements Regulations(1) (variation of contractual terms in respect of entering into arrangements under the Patient Choice Extension Scheme), substitute—

“Registered patients from outside practice area: variation of contractual terms

18B.— (1) A contractor may, on or after 1st October 2014, accept onto its list of patients a person who resides outside of the area referred to in regulation 11(1)(d) (the contractor’s “practice area”).

(2) Subject to paragraphs (4) and (5), the terms of the contractor’s agreement specified in paragraph (3) must be varied so as to require the contractor to provide to the person any services which the contractor is required to provide to its registered patients under the agreement as if the person resided within the contractor’s practice area.

(3) The terms of the agreement specified in this paragraph are—

(a) the terms which require the contractor to provide essential services and any other service;

(b) the terms which require the contractor to provide out of hours services to patients to whom it provides essential services; and

(c) the terms which give effect to the following provisions of Schedule 5 (other contractual terms)—

(i) paragraph 1 (services to registered patients),

(ii) paragraph 3(1) (attendance at practice premises).

(iii) paragraph 4(2)(a) (attendance outside practice premises), and

(iv) paragraph 16(2) (refusal of applications for inclusion in the list of patients).

(4) Where the contractor is required to provide services to a patient in accordance with arrangements made under paragraph (1), the agreement must also be varied so as to include terms which have the effect of releasing the contractor and the Board from all obligations, rights and liabilities relating to the terms specified in paragraph (3) (including any right to enforce those terms) where, in the opinion of the contractor, it is not clinically appropriate or practical under those arrangements—

(a) to provide the services or access to services in accordance with those terms; or

(b) to comply with those terms.

(5) The agreement must also include a term which has the effect of requiring the contractor to notify a person in writing, where the contractor is minded to accept that person on its list of patients in accordance with arrangements made under paragraph (1), that the contractor is under no obligation to provide—

(a) essential services, and any other service in core hours, if, at the time treatment is required, it is not clinically appropriate or practical to provide primary medical services given the particular circumstances of the patient; or

(b) out of hours services if, at the time treatment is required, it is not clinically appropriate or practical to provide such services given the particular circumstances of the patient.

Saving in respect of the Patient Choice Extension Scheme

18C.— (1) Where, before 1st April 2014—

(a) a patient is included in a contractor’s registered list of patients pursuant to arrangements entered into by the contractor and the Board under the Patient Choice Extension Scheme; and

(b) the terms of the contractor’s agreement were varied pursuant to the provisions of regulation 18B as it had effect immediately before that date,

the patient may remain registered with the contractor’s practice and any variation to the contractor’s agreement which exempts the contractor’s practice from obligations or liabilities under those arrangements continues to operate for such period as the patient remains so registered.

(2) Paragraph (6) of regulation 18B, as it had effect immediately before 1st April 2014, continues to have effect in relation to an agreement where, before that date, a contractor entered into arrangements with the Board under the Patient Choice Extension Scheme.”.

(1)

Regulation 18B was inserted by regulation 45 of S.I. 2013/363.