PART 5Contracts: required terms
Fees and charges24
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 must not, either itself or through any other person, demand or accept from any of its patients a fee or other remuneration for its own benefit or for the benefit of another person in respect of—
a
the provision of any treatment whether under the contract or otherwise; or
b
a prescription or repeatable prescription for any drug, medicine or appliance,
except in the circumstances set out in regulation 25.
3
Subject to paragraph (4), where—
a
a person—
i
applies to a contractor for the provision of essential services,
ii
claims to be on that contractor's list of patients, and
iii
fails to produce a medical card relating to that person on request; and
b
the contractor has reasonable doubts about that person's claim,
the contractor must give any necessary treatment to that person and may demand and accept from that person a reasonable fee in accordance with regulation 25(e).
4
Where—
a
a person from whom the contractor has received a fee under regulation 25(e) applies to the Board for a refund within 14 days from the date of payment of the fee (or within such longer period not exceeding one month as the Board may allow if it is satisfied that the failure to apply within 14 days was reasonable); and
b
the Board is satisfied that that person was on the contractor's list of patients when the treatment was given,
the Board may recover the amount of the fee from the contractor, by deduction from the contractor's remuneration or otherwise, and must pay the amount recovered to the person who paid the fee.