Insertion of new paragraph 11A into Schedule 3 to the GMS Contracts Regulations
7. In Schedule 3 to the GMS Contracts Regulations (other contractual terms)(1), after paragraph 11 (patients aged 75 and over: accountable GP), insert—
“NHS e-Referral Service (e-RS)
11A.—(1) Except in the case of a contractor to which sub-paragraph (2) or (3) applies, a contractor must require the use in its practice premises of the system for electronic referrals known as the NHS e-Referral Service (“e-RS”) in respect of each referral of any of its registered patients to a first consultant-led out-patient appointment for medical services under the Act in respect of which the facility to use e-RS is available.
(2) This sub-paragraph applies to a contractor which does not yet have e-RS in place for use in the contractor’s practice premises.
(3) This sub-paragraph applies to a contractor which—
(a)is experiencing technical or other practical difficulties which are preventing the use, or effective use, of e-RS in its practice premises; and
(b)has notified the Board that this is the case.
(4) A contractor to which sub-paragraph (2) applies must require the use in its practice premises of alternative means of referring its registered patients to a first consultant-led out-patient appointment for medical services under the Act until such time as the contractor has e-RS in place for use in its practice premises.
(5) A contractor to which sub-paragraph (3) applies—
(a)must ensure that a plan is agreed between the contractor’s practice and the Board for resolving the technical or other practical difficulties which are preventing the use, or effective use, of e-RS in the contractor’s practice premises; and
(b)must require the use in its practice premises of alternative means of referring its registered patients to a first consultant-led out-patient appointment for medical services under the Act until such time as those technical or other practical difficulties have been resolved to the satisfaction of the Board.”.
There are no relevant amendments to Schedule 3.