The National Health Service (Ophthalmic Services and Optical Charges and Payments) (Amendment) Regulations 2023

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make amendments to the General Ophthalmic Services Contracts Regulations 2008 (“the General Ophthalmic Services Regulations”), the Primary Ophthalmic Services Regulations 2008 (“the Primary Ophthalmic Services Regulations”) and the National Health Service (Optical Charges and Payments) Regulations 2013 (“the Optical Charges and Payments Regulations”).

Regulation 2 amends the General Ophthalmic Services Regulations, which set out a framework for general ophthalmic services contracts. This regulation prescribes: conditions that must be met by a contractor to enter a general ophthalmic service contract; the procedure for pre-contract dispute resolution; the procedure by which the contractor may obtain health service body status; and the terms that which must be included in a general ophthalmic service contract.

Regulation 2(2) amends the General Ophthalmic Services Regulations to remove the requirement for a patient to acknowledge receipt of a prescription for glasses. It also removes provision added to those regulations during the Coronavirus pandemic.

Regulation 2(3)(a) amends regulation 16(5) of the General Ophthalmic Services Regulations to reduce the claim period for fees for the provision of mandatory or additional services from 6 months to 3 months.

Regulation 2(3)(b) provides for a transitional provision to allow 6 months for claims made by a contractor for fees in respect of mandatory services or additional services completed on or before 31^st December 2023.

Regulations 2(3)(c) and (d) amend regulation 16(6) of the General Ophthalmic Services Regulations to mandate the electronic submission of the claim form and give NHS England (formerly known as the National Health Commissioning Board) a discretionary power to accept the submission of paper claim forms in exceptional circumstances.

Regulation 2(4) amends paragraph 38 of Schedule 1 to the General Ophthalmic Services Regulations to extend the date of termination of the contract following the death of an individual contractor from 7 days to 28 days to allow a longer compassionate period.

Regulation 2(5) amends paragraph 3 of Schedule 3 to the General Ophthalmic Services Regulations to remove the requirement for the applicant for a contract to specify their sex.

Regulation 3 amends the Primary Ophthalmic Services Regulations which makes provision for who is entitled to a primary ophthalmic services sight test and how to apply for them under the National Health Service Act 2006.

Regulation 3(2) and (3) amends regulation 4(2) and (6) of the Primary Ophthalmic Services Regulations to allow a signed patient declaration and submission of an ink signature on a separate paper form in exceptional circumstances.

Regulation 4 amends the Optical Charges and Payments Regulations, which make provision for a scheme for payments to be made by means of a voucher system, in respect of the costs incurred by certain categories of persons in connection with sight test and the supply, replacement and repair of optical appliances. The regulations also provide for ophthalmic practitioners and suppliers of optical appliances to redeem a voucher in full or in part payment of the cost of a sight test or the cost of supplying, repairing or replacing an optical appliance.

Regulations 4(2), (6), (7)(a), (8), (9)(a) and (10)(b) amend regulations 4(3), 12(4), 14(2)(a), (17)(4), 19(2)(a) and 26(3) of the Optical Charges and Payments Regulations to remove the requirement for the signed patient declaration as to eligibility to be on the voucher and to enable NHS England to determine the exceptional circumstances in which a separate form may be used to capture signed patient declarations.

Regulations 4(3) and (4) amend regulation 5 to mandate the electronic submission of claim forms and provide a discretionary power for NHS England to accept the submission of paper claim forms in exceptional circumstances.

Regulation 4(5) amends regulation 9 of the Optical Charges and Payments Regulations to require the voucher to be issued with the prescription unless for technical reasons, where this is not possible, the voucher is to be issued as soon as reasonably practicable thereafter.

Regulations 4(7) and (9) amend regulations 14(2) and 19 of the Optical Charges and Payments Regulations to mandate the electronic submission of claim forms and to provide for a discretionary power for NHS England to accept submission of paper claim forms and ink signatures in exceptional circumstances.

A full impact assessment has not been produced for this instrument as no, or no significant, impact is foreseen.