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The National Health Service (General Medical Services Contracts) (Wales) Regulations 2004

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Fees and charges

24.—(1) The contract must contain terms relating to fees and charges which have the same effect as those set out in paragraphs (2) to (4).

(2) The contractor shall not, directly or indirectly, demand or accept a fee or other remuneration from any patient of its for —

(a)the provision of any treatment whether under the contract or otherwise; or

(b)any prescription or repeatable prescription for any drug, medicine or appliance,

except in the circumstances set out in Schedule 5.

(3) Where a person applies to a contractor for the provision of essential services and claims to be on that contractor’s list of patients, but fails to produce his or her medical card on request and the contractor has reasonable doubts about that person’s claim, the contractor shall give any necessary treatment and shall be entitled to demand and accept a reasonable fee in accordance with paragraph (e) of Schedule 5, subject to the provision for repayment contained in paragraph (4).

(4) Where a person from whom a contractor received a fee under paragraph (e) of Schedule 5 applies to the Local Health Board for a refund within 14 days of payment of the fee (or such longer period not exceeding a month as the Local Health Board may allow if it is satisfied that the failure to apply within 14 days was reasonable) and the Local Health Board is satisfied that the person was on the contractor’s list of patients when the treatment was given, the Local Health Board may recover the amount of the fee from the contractor, by deduction from its remuneration or otherwise, and shall pay that amount to the person who paid the fee.

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