PART 5E+WAgreements: required terms

Fees and chargesE+W

18.—(1) The agreement 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 may not, either itself or through any other person, demand or accept from any patient of the contractor a fee or other remuneration, for its own or another's benefit, for—

(a)the provision of any treatment whether under the agreement or otherwise; or

(b)a prescription or repeatable prescription for any drug, medicine or appliance,

except in circumstances set out in regulation 19.

[F1(2A) 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, for the completion, in relation to the patient’s mental health, of—

(a)a mental health evidence form; or

(b)any examination of the patient or of the patient’s medical record in order to complete the form,

the purpose of which is to assist creditors in deciding what action to take where the debtor has a mental health problem.

(2B) The contractor must not, either itself or through any other person, demand or accept from anyone who is not a patient of the contractor, a fee or other remuneration for its own benefit or for the benefit of another person, for either of the following services provided on practice premises to which regulation 13(4)(b) applies, unless those services are provided outside of core hours—

(a)for treatment consisting of an immunisation for which the contractor receives no remuneration from [F2NHS England] when provided to its patients and which is requested in connection with travel abroad; or

(b)for prescribing or providing drugs or medicines for malaria chemoprophylaxis.]

(3) Subject to paragraph (4), where—

(a)a person applies to a contractor for the provision of services;

(b)claims to be entitled to be treated by the contractor without paying a fee or other remuneration; and

(c)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 accordingly in accordance with regulation 19(e).

(4) Where—

(a)a person from whom a contractor received a fee under regulation 19(e) applies to [F2NHS England] for a refund within 14 days from the date of payment of the fee (or within such longer period not exceeding one month as [F2NHS England] may allow if it is satisfied that the failure to apply within 14 days was reasonable); and

(b)[F2NHS England] is satisfied that the person was entitled to be treated by the contractor without paying a fee or other remuneration when the treatment was given,

[F2NHS England] 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.

Textual Amendments