The National Health Service (Primary Medical Services) (Miscellaneous Amendments) Regulations 2012

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make amendments to the National Health Service (General Medical Services Contracts) Regulations 2004 (“the GMS Contracts Regulations”) and the National Health Service (Personal Medical Services Agreements) Regulations 2004 (“the PMS Agreements Regulations)”.

Regulations 2 and 9 respectively amend regulations 2 of the GMS Contracts Regulations and PMS Agreements Regulations to insert new definitions and amend definitions.

Part 2 amends the GMS Contracts Regulations. In particular:

(a) regulation 3 inserts a new paragraph in regulation 18 of the GMS Contracts Regulations to enable all contracts to specify an outer boundary area in addition to the practice area. Regulation 6(2) makes a consequential amendment to ensure that it is to be regarded as reasonable if a contractor refuses an application for inclusion in its list of patients where a person lives in the outer boundary area. Regulation 6(7) and regulation 8 make amendments respectively to Schedule 6 and Schedule 10 in respect of information relating to the outer boundary area which is to be contained on the practice website and in the practice leaflet;

(b) regulation 4 inserts a new regulation 26A to require the terms of a GMS contract to be varied in a case where the contractor and Primary Care Trust enter into arrangements made under the Patient Choice Scheme. The Patient Choice Scheme is a scheme made in accordance with the National Health Service (Patient Choice Scheme) Directions 2012 made by the Secretary of State under section 8 of the National Health Service Act 2006, which set the framework for piloting new arrangements for the provision of primary medical services. The piloting arrangements must come to an end on 31st March 2013;

(c) regulation 5 amends paragraphs 4 and 5 of Schedule 2 to the GMS Contracts Regulations to update references to the term “vaccine” and to update the cross-references to the GMS Statement of Financial Entitlement which sets out which vaccines and immunisations a contractor must offer;

(d) regulation 6(3) inserts new paragraphs 29A to 29E into Schedule 6 to the GMS Contracts Regulations to provide for a new procedure relating to applications for the closure of a contractor’s list of patients. Regulations 3(3), 6(4) and (5) and 7 make consequential provision in respect of the new procedure; and

(e) regulation 6(6) updates the reference in respect of electronic patient records.

Part 3 makes amendments to the PMS Agreements Regulations which mirror those made to the GMS Contracts Regulations.