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

Amendment of the Optical Charges and Payments Regulations 2013

4.—(1) The Optical Charges and Payments Regulations 2013(1) are amended as follows.

(2) In regulation 4(3) (completion and use of voucher-sight tests), omit “on the voucher”.

(3) In regulation 5(2)(b) (payments to ophthalmic practitioners)—

(a) in paragraph (i)—

(i) omit “(which may be submitted in either electronic or paper form)”,

(ii) for “the sight test” substitute “completion of the sight test”; and

(b) at the end of paragraph (ii), after “patient contribution” insert—

“; and

(iii) submitted the claim in electronic form, subject to paragraph (3).”.

(4) After regulation 5(2), insert—

“(3) NHS England may accept submission of a claim referred to in paragraph (2)(b)(i) in paper form in such exceptional circumstances as NHS England may reasonably determine.”.

(5) In regulation 9 (issue of vouchers by ophthalmic practitioners)—

(a) in paragraph (1)—

(i) omit from “, on the same occasion” to the end, and

(b) after paragraph (1), insert—

“(1A) Where an ophthalmic practitioner is required to issue a voucher under paragraph (1), the practitioner must—

(a) issue the voucher with the prescription; or

(b) where for technical reasons the voucher cannot be issued on that occasion, issue the voucher as soon as reasonably practicable after issuing the prescription.”

(6) In regulation 12(4) (use of vouchers for supply of optical appliance), omit “on the voucher”.

(7) In regulation 14 (payments to suppliers)—

(a) in paragraph (2)(a), omit “on the voucher”;

(b) in paragraph (2), for sub-paragraph (c) substitute—

“(c) the supplier has—

(i) made and kept a written record of the supply and issued to the person a receipt for any money received from that person;

(ii) made a claim for a payment to NHS England on a completed voucher within three months of the date of the supply of the optical appliance;

(iii) where the person has shown a notice of entitlement to the supplier, informed NHS England of the amount of the patient contribution, if any;

(iv) where the claim relates to a voucher the value of which is increased in accordance with paragraph 1(1)(e) of Schedule 2, certified that the glasses supplied were small glasses; and

(v) submitted the claim in electronic form, subject to paragraph (3).”; and

(c) after paragraph (2), insert—

“(3) NHS England may accept submission of a claim referred to in paragraph (2)(c)(ii) in paper form in such exceptional circumstances as NHS England may reasonably determine.”.

(8) In regulation 17(4) (completion of vouchers), omit “on the voucher”.

(9) In regulation 19 (payments to suppliers for the replacement or repair)—

(a) in paragraph (2)—

(i) in sub-paragraph (a), omit “on the voucher”; and

(ii) for sub-paragraph (b), substitute—

“(b) the supplier has—

(i) made and kept a written record of the replacement or repair and issued to the person a receipt for any money received from the person;

(ii) obtained any prior approval required by regulation 17(6);

(iii) made a claim for a payment to NHS England on a completed voucher within the period of three months beginning with the date of the replacement or repair of the optical appliance;

(iv) where the person has shown a notice of entitlement to the supplier, informed NHS England of the amount of the patient contribution, if any; and

(v) submitted the claim in electronic form, subject to paragraph (3).”; and

(b) after paragraph (2), insert—

“(3) NHS England may accept submission of a claim in paper form in such exceptional circumstances as NHS England may reasonably determine.”.

(10) In regulation 26 (signatures and claims for payments)—

(a) in paragraph (2), for sub-paragraph (i) substitute—

“subject to paragraph (3) where an electronic form is used, be provided electronically, or”; and

(b) after paragraph (2), insert—

“(3) A signature in ink may be provided on a paper form separate from the document to which it relates in such exceptional circumstances as NHS England may reasonably determine.”.

(1)

S.I. 2013/461; amending instruments are S.I. 2013/1856, 2015/570 and 1776, 2016/211,325 and 1045 and 2017/10562020/885. There are other amendments, but none are relevant.