National Health Service (Optical Charges and Payments) and (General Ophthalmic Services) (Amendment) (No.2) (Wales) Regulations 2001

Explanatory Note

(This note is not part of the Regulations)

These Regulations further amend the National Health Service (Optical Charges and Payments) Regulations 1997 (“the 1997 Regulations”) and the National Health Service (General Ophthalmic Services) Regulations 1986 (“the 1986 Regulations”). The 1997 Regulations provide for a scheme of payments to be made by Health Authorities and NHS Trusts by means of a voucher system in respect of costs incurred by certain categories of persons in connection with sight tests and the supply, replacement and repair of optical appliances. The 1986 Regulations contain provision for the arrangements for general ophthalmic services under the National Health Service.

Regulation 2 amends the definition of “NHS sight test fee” in regulation 1(2) of the 1997 Regulations to reflect the values of the two levels of fee for National Health Service sight tests payable to ophthalmic medical practitioners and opticians at the time these regulations come into force. These amounts are relevant to the determination of eligibility for, and the redemption value of, a voucher towards the cost of a sight test.

Regulations 3 and 5 make amendments to the 1997 Regulations to require the supplier to ask the patient for satisfactory evidence that the patient is an eligible person when he or she presents a voucher to obtain an optical appliance under the regulations, unless, in cases other than where the patient is eligible by virtue of his or her lack of financial resources, the supplier already has satisfactory evidence. If the patient does not do so, the supplier must record the fact on the voucher.

Regulations 4 and 6 amend the 1997 Regulations to provide that payments, at a rate to be determined by the National Assembly for Wales, may be made to suppliers for carrying out the checks provided for in Regulations 3 and 5.

A number of amendments are made to the 1986 Regulations. Regulation 7 amends regulation 2 of the 1986 Regulations to insert additional definitions.

Regulation 8 imposes additional requirements in respect of mobile practices responsible for the provision of general ophthalmic services.

Regulation 9 amends regulation 13A to provide that a contractor must ask the patient for satisfactory evidence of entitlement that he or she is an eligible person when the patient applies for a sight test under the Regulations, unless, in cases other than where the patient is eligible by virtue of his or her lack of financial resources, the contractor already has satisfactory evidence. If the patient cannot produce such evidence, the contractor shall record the fact on the sight test form. In addition, where the contractor has carried out the sight test at a patient’s home, he or she must record on the sight test form the reason for the patient not being able to leave home unaccompanied.

The Regulations also make some amendments to the terms of service set out in Schedule 1 to the 1986 Regulations.

Paragraph 3 of the Schedule is amended to allow contractors to agree, in specified circumstances, to provide general ophthalmic services at day centres or at a place where the patient normally resides. Provision is made in a new paragraph 3A to require mobile practices to notify a Health Authority in advance when they intend to make visits to day or residential centres in that Health Authority’s area.

Paragraph 4 is amended to require mobile practices to provide suitable equipment for the provision of general ophthalmic services and for this to be inspected, together with their facilities, by a person authorised by the National Assembly for Wales or the Health Authority.

Paragraph 6 is amended to provide that records shall be kept, retained and are subject to production for inspection by a person authorised by the National Assembly for Wales or the Health Authority.

Paragraph 10 is amended so that information shall only be given to a patient’s doctor following a sight test if it appropriate to do so and with the consent of the patient.