This Statutory Instrument has been made partly in consequence of defects in S.I. 2020/351 and is being issued free of charge to all known recipients of that Statutory Instrument.
2020 No. 911
The National Health Service (General Medical Services Contracts and Personal Medical Services Agreements) (Amendment) (No. 2) Regulations 2020
Made
Laid before Parliament
Coming into force
The Secretary of State for Health and Social Care makes the following Regulations in exercise of the powers conferred by sections 85(1), 89(1),(2)(a),(c) and (f) and (3), 94(1) and (8), and 272(7) and (8) of the National Health Service Act 20061.
Citation, commencement and interpretation1
1
These Regulations may be cited as the National Health Service (General Medical Services Contracts and Personal Medical Services Agreements) (Amendment) (No. 2) Regulations 2020.
2
These Regulations come into force on 1st October 2020.
Amendment of the GMS Contracts Regulations2
Schedule 1 contains amendments to the GMS Contracts Regulations.
Amendment of the PMS Agreements Regulations3
Schedule 2 contains amendments to the PMS Agreements Regulations.
Signed by the authority of the Secretary of State for Health and Social Care
SCHEDULE 1Amendments to the GMS Contracts Regulations
General1
The GMS Contracts Regulations are amended as follows.
Amendment of regulation 3A2
In regulation 3A(1) (variation of core hours while a disease is or in anticipation of a disease being imminently pandemic etc.)4 for “the Board may with the agreement of the Secretary of State make an announcement” substitute, “the Board with the agreement of the Secretary of State has made an announcement”.
Amendment of regulation 74E3
In regulation 74E (NHS Digital Workforce Census)5—
a
for the heading, substitute “NHS Digital Workforce Collection”;
b
in paragraph (1) for “NHS Digital Workforce Census”, substitute “NHS Digital Workforce Collection”; and
c
for paragraph (2) substitute—
2
The data referred to in paragraph (1) must be appropriately coded by the contractor in line with agreed standards set out in guidance published by the Health and Social Care Information Centre6, and must be submitted to the Centre using the data entry module on the National Workforce Reporting System7, which is a facility provided by the Health and Social Care Information Centre to the contractor for this purpose.
New regulation 74H4
After regulation 74G (Medicines and Healthcare products Regulatory Agency Central Alerting System)8, insert—
Collection of data relating to appointments in general practice74H
1
A contractor must participate in the collection of anonymised data relating to appointments for its registered patients (“practice appointments data”) in accordance with the “GP Appointments Data Collection in Support of Winter Pressures”9 referred to in the Health and Social Care Information Centre (Establishment of Information Systems for NHS Services: General Practice Appointments Data Collection in Support of Winter Pressures) Directions 201710.
2
The contractor must ensure that all practice appointments data relating to the provision of primary medical services under its contract is recorded within the appointment book in accordance with the guidance11.
3
The contractor must ensure that the practice appointments data is uploaded onto its computerised clinical systems and available for collection by the Health and Social Care Information Centre at such intervals during each financial year as notified to the contractor by the Centre.
4
For the purposes of this regulation, “appointment book” means a capability provided by the contractor’s computerised clinical systems and software supplier which supports the administration, scheduling, resourcing and reporting of appointments.
Amendment of paragraph 11B of Part 1 of Schedule 35
In paragraph 11B12 of Part 1 of Schedule 3 (direct booking by NHS 111)—
a
in its heading, after “NHS 111” insert “or via a connected service”;
b
in sub-paragraph (1), after “or via a service” insert “(“a connected service”)”;
c
in sub-paragraph (3)(a), (b), (c) and (d) (twice), after “NHS 111” insert “or via a connected service”; and
d
in sub-paragraph (4), after “NHS 111” insert “or to a connected service”.
Amendment of paragraph 15A of Part 1 of Schedule 36
In paragraph 15A(3) of Part 1 of Schedule 3 (duty of co-operation: Primary Care Networks) omit “with a minimum population of 30,000 people”.
Amendment of paragraph 17 to Part 2 of Schedule 37
For paragraph 17 of Part 2 of Schedule 3 (list of patients), substitute—
17
1
The Board must prepare and keep up to date a list of the patients who have been—
a
accepted by the contractor for inclusion in the contractor’s list of patients under paragraph 18 and who have not been subsequently removed from that list under paragraphs 23 to 31; and
b
assigned by the Board to the Contractor’s list of patients under—
i
paragraph 39(1)(a), or
ii
paragraph 39(1)(b) (by virtue of a determination of the assessment panel under paragraph 41(8) which has not subsequently been overturned by a determination of the Secretary of State under paragraph 42 or by a court).
2
The contractor must, upon receipt of a reasonable written request from the Board—
a
take appropriate steps as soon as is reasonably practicable, to correct and update patient data held on the practice’s computerised clinical systems, and where necessary register or deregister patients to ensure that the patient list is accurate; and
b
provide information relating to its list of patients as soon as is reasonably practicable and, in any event, no later than 30 days from the date on which the request was received by the contractor, in order to assist the Board in the exercise of its duties under paragraph (1), contacting patients where reasonably necessary to confirm that their patient data is correct.
Amendment of paragraph 24 to Part 2 of Schedule 38
In paragraph 24 of Part 2 of Schedule 3 (removal from the list at the request of the contractor), omit paragraph (a) of sub-paragraph (4).
Amendment of paragraph 25 to Part 2 of Schedule 39
In paragraph 25 of Part 2 of Schedule 3 (removal from the list of patients who are violent)—
a
in sub-paragraph (1A), for “Where a contractor” substitute “Subject to sub-paragraph (1B), where a contractor”;
b
after sub-paragraph (1A), insert—
1B
A contractor must not give notice to the Board pursuant to sub-paragraph (1A), where—
a
a person mentioned in paragraph (1A) was allocated to a Violent Patient Scheme set up in accordance with direction 8 of the Primary Medical Services (Directed Enhanced Services) Directions 202013 to receive primary medical services under that scheme, and
b
the provider of the Scheme discharged that person because they were not considered to pose a risk of violence, or
c
that person successfully appealed their allocation to a Violent Patient Scheme.
Amendment of paragraph 27 to Part 2 of Schedule 310
In paragraph 27(1) of Part 2 of Schedule 3 (removal from the list of patients who have moved), after “where the Board is satisfied”, insert “, or is notified by the contractor,”.
Amendment of paragraph 38 to Part 4 of Schedule 311
In paragraph 38 of Part 4 of Schedule 3 (application of this Part), substitute—
38
1
This Part applies in respect of the assignment by the Board of—
a
a person as a new patient to a contractor’s list of patients where that person—
i
has been refused inclusion in a contractor’s list of patients or has not been accepted as a temporary resident by a contractor, and
ii
would like to be included in the list of patients of a contractor in whose CCG area that person resides; or
b
any person who is part of a list dispersal resulting from the closure of a practice where that person—
i
has not registered with another contractor, and
ii
would like to be included in the list of patients of a contractor in whose CCG area that person resides; or
c
any person who is part of a list dispersal resulting from the closure of a practice where that person has not registered with another contractor and the Board has been unable to contact that person.
2
In this paragraph, “list dispersal” means the allocation of patients from a contractor’s list of patients by the Board following termination of the contract or during the period set out in the notice of termination or agreement to terminate.
Insertion of new paragraph 40A to Part 4 of Schedule 312
After paragraph 40 of Part 4 of Schedule 3 (factors relevant to assignments), insert—
Assignment of patients from outside practice area40A
Where the Board has assigned a person to a contractor’s list of patients in accordance with this Part, and that person resides outside a contractor’s practice area, regulation 30(4), (5) and (6) (variation of contracts: registered patients from outside practice area) are to apply as if the contractor had accepted that patient onto its list of patients in accordance with regulation 30(1) unless a contractor chooses to include that person in its list of patients for its practice area on assignment by the Board.
Amendment of paragraph 44 to Part 5 of Schedule 313
In paragraph 44 of Part 5 of Schedule 3 (sub-contracting of clinical matters)—
a
in sub-paragraph (9) for “A sub-contract”, substitute, “Subject to sub-paragraph (9A), a sub-contract”; and
b
after sub-paragraph (9), insert—
9A
A sub-contract entered into by the contractor may allow the sub-contractor to sub-contract clinical services the contractor has agreed to provide under the Network Contract Directed Enhanced Service Scheme, pursuant to direction 4 of the Primary Medical Services (Directed Enhanced Services) Directions 202014, provided the contractor obtains the written approval of the Board prior to the sub-contractor sub-contracting those services.
Amendment of paragraph 67 to Part 8 of Schedule 314
In paragraph 67(3) of Part 8 of Schedule 3 (other grounds for termination by the Board)—
a
after paragraph (u)(iii), omit “or”;
b
at the end of paragraph (v) for “to deal with the matter.”, substitute “to deal with the matter; or”; and
c
after paragraph (v), insert—
SCHEDULE 2Amendments to the PMS Agreements Regulations
General1
The PMS Agreements Regulations are amended as follows.
Amendment of regulation 3A2
In regulation 3A(1) (variation of core hours while a disease is or in anticipation of a disease being imminently pandemic etc.)17 for “the Board may with the agreement of the Secretary of State make an announcement” substitute, “the Board with the agreement of the Secretary of State has made an announcement”.
Amendment of regulation 67E3
In regulation 67E (NHS Digital Workforce Census)18—
a
for the heading substitute “NHS Digital Workforce Collection”;
b
in paragraph (1) for “NHS Digital Workforce Census”, substitute “NHS Workforce Collection”;
c
for paragraph (2) substitute—
2
The data referred to in paragraph (1) must be appropriately coded by the contractor in line with agreed standards set out in guidance published by the Health and Social Care Information Centre19, and must be submitted to the Health and Social Care Centre using the data entry module on the National Workforce Reporting System20, which is a facility provided by the Centre to the contractor for this purpose.
New regulation 67H4
After regulation 67G (Medicines and Healthcare products Regulatory Agency Central Alerting System)21, insert—
Collection of data relating to appointments in general practice67H
1
A contractor must participate in the collection of anonymised data relating to appointments for its registered patients (“GP practice data”) in accordance with the “GP Appointments Data Collection in Support of Winter Pressures”22 referred to in the Health and Social Care Information Centre (Establishment of Information Systems for NHS Services: General Practice Appointments Data Collection in Support of Winter Pressures) Directions 201723.
2
The contractor must ensure that all GP practice data relating to the provision of primary medical services under its contract is recorded within the appointment book in accordance with the guidance24.
3
The contractor must ensure that the GP practice data is uploaded onto its computerised clinical systems and available for collection by the Health and Social Care Information Centre25 at such intervals during each financial year as notified to the contractor by the Health and Social Care Centre.
4
For the purposes of this regulation, “appointment book” means a capability provided by the contractor’s computerised clinical systems and software supplier which supports the administration, scheduling, resourcing and reporting of appointments.
Amendment of paragraph 10A of Part 1 of Schedule 25
In paragraph 10A(3) of Part 1 of Schedule 2 (duty of co-operation: Primary Care Networks) omit “with a minimum population of 30,000 people”.
Amendment of paragraph 13 to Part 2 of Schedule 26
For paragraph 13 of Part 2 of Schedule 2 (list of patients), substitute—
13
1
The Board must prepare and keep up to date a list of the patients who have been—
a
accepted by the contractor for inclusion in the contractor’s list of patients under paragraph 17 and who have not been subsequently removed from that list under paragraphs 22 to 30; and
b
assigned by the Board to the Contractor’s list of patients under—
i
paragraph 38(1)(a), or
ii
paragraph 38(1)(b) (by virtue of a determination of the assessment panel under paragraph 40(8) which has not subsequently been overturned by a determination of the Secretary of State under paragraph 41 or by a court).
2
The contractor must, upon receipt of a reasonable written request by the Board—
a
take appropriate steps as soon as is reasonably practicable to correct and update patient data held on the practice’s computerised clinical systems, and where necessary register or deregister patients to ensure that the patient list is accurate; and
b
provide information relating to its list of patients as soon as is reasonably practicable and, in any event, no later than 30 days from the date on which the request was received by the contractor, in order to assist the Board in the exercise of its duties under paragraph (1), contacting patients where reasonably necessary to confirm that their patient data is correct.
Amendment of paragraph 16B of Part 2 of Schedule 27
In paragraph 16B of Part 2 of Schedule 2 (direct booking by NHS 111)26—
a
in its heading, after “NHS 111” insert “or via a connected service”;
b
in sub-paragraph (1), after “or via a service” insert “(“a connected service”)”;
c
in sub-paragraph (3)(a), (b), (c) and (d) (twice), after “NHS 111” insert “or via a connected service”; and
d
in sub-paragraph (4), after “NHS 111” insert “or to a connected service”.
Amendment of paragraph 23 to Part 2 of Schedule 28
In paragraph 23 of Part 2 of Schedule 2 (removal from the list at the request of the contractor), omit paragraph (a) of sub-paragraph (4).
Amendment of paragraph 24 to Part 2 of Schedule 29
In paragraph 24 of Part 2 of Schedule 2 (removal from the list of patients who are violent)—
a
in sub-paragraph (1A), for “Where a contractor” substitute “Subject to sub-paragraph (1B), where a contractor”;
b
after sub-paragraph (1A), insert—
1B
A contractor must not give notice to the Board pursuant to sub-paragraph (1A), where—
a
a person mentioned in paragraph (1A) was allocated to a Violent Patient Scheme set up in accordance with direction 8 of the Primary Medical Services (Directed Enhanced Services) Directions 202027 to receive primary medical services under that scheme; and
b
the provider of the Scheme discharged that person because they were not considered to pose a risk of violence, or
c
that person successfully appealed their allocation to a Violent Patient Scheme.
Amendment of paragraph 26 to Part 2 of Schedule 210
In paragraph 26(1) of Part 2 of Schedule 2 (removal from the list of patients who have moved), after “where the Board is satisfied”, insert “, or is notified by the contractor”.
Amendment of paragraph 37 to Part 4 of Schedule 211
In paragraph 37 of Part 4 of Schedule 2 (application of this Part), substitute—
37
1
This Part applies in respect of the assignment by the Board of—
a
a person as a new patient to a contractor’s list of patients where that person—
i
has been refused inclusion in a contractor’s list of patients or has not been accepted as a temporary resident by a contractor, and
ii
would like to be included in the list of a contractor in whose CCG area that person resides;
b
any person who is part of a list dispersal resulting from the closure of a practice where that person—
i
has not registered with another contractor, and
ii
would like to be included in the list of patients of a contractor in whose CCG area that person resides;
c
any person who is part of a list dispersal resulting from the closure of a practice where that person has not registered with another contractor and the Board has been unable to contact that person.
2
In this paragraph, “list dispersal” means the allocation of patients from a contractor’s list of patients by the Board following termination of the contract or during the period set out in the notice of termination or agreement to terminate.
Amendment of paragraph 39 to Part 4 of Schedule 212
After paragraph 39 of Part 4 of Schedule 2 (factors relevant to assignments), insert—
Assignment of patients from outside practice area39A
Where the Board has assigned a person to a contractor’s list of patients in accordance with this Part, and that person resides outside a contractor’s practice area, regulation 25(4), (5) and (6) (variation of contracts: registered patients from outside practice area) are to apply as if the contractor had accepted that patient onto its list of patients in accordance with regulation 25(1), unless a contractor chooses to include that person in its list of patients for its practice area on assignment by the Board.
Amendment of paragraph 43 to Part 5 of Schedule 213
In paragraph 43 of Part 5 of Schedule 2 (sub-contracting of clinical matters)—
a
in sub-paragraph (4) for “A contractor,”, substitute, “Subject to sub-paragraph (4A), a contractor”; and
b
after sub-paragraph (4), insert—
4A
A sub-contract entered into by a contractor may allow the sub-contractor to sub-contract clinical services the contractor has agreed to provide under the Network Contract Directed Enhanced Service Scheme, pursuant to direction 4 of the Primary Medical Services (Directed Enhanced Services) Directions 202028, provided the contractor has obtained the written approval of the Board prior to the sub-contractor sub-contracting those services.
Amendment of paragraph 58 to Part 8 of Schedule 214
In paragraph 58(4) of Part 8 of Schedule 2 (other grounds for termination by the Board)—
a
after paragraph (s)(iii), omit “or”;
b
at the end of paragraph (t) for “providing services under the agreement.”, substitute “providing services under the agreement; or”; and
c
after paragraph (t), insert—
(This note is not part of the Regulations)