Amendment of regulation 26B of the GMS Contracts Regulations
5. In regulation 26B of the GMS Contracts Regulations(1) (registered patients from outside practice area: variation of contract terms), after paragraph (3) insert—
“(3A) Where, under paragraph (1), a contractor accepts onto its list of patients a person who resides outside of the contractor’s practice area and the contractor subsequently considers that it is not clinically appropriate or practical to continue to provide that patient with services in accordance with the terms specified in paragraph (3), or to comply with those terms, the contract must be varied so as to include a term which has the effect of modifying the application of paragraph 20 of Schedule 6 (which relates to the removal of a patient from the list at the contractor’s request) in relation to that patient so that—
(a)in sub-paragraph (1), the reference to the patient’s disability or medical condition is removed; and
(b)sub-paragraph (4) applies as if, after paragraph (a), there were inserted the following paragraph—
“(aa)the reason for the removal is that the contractor considers that it is not clinically appropriate or practical to continue to provide services under the contract to the patient which do not include the provision of such services at the patient’s home address;”;”.
Regulation 26B was inserted by S.I. 2013/363 and was substituted by S.I. 2015/465.