SCHEDULE 3Other contractual terms
PART 4Assignment of patients to lists
Assignments to closed lists: composition and determinations of the assessment panel I145
1
Where the Local Health Board wants to assign a new patient to a contractor which has closed its lists of patients, the Local Health Board must prepare a proposal to be considered by the assessment panel.
2
The Local Health Board must give notice in writing that it has referred the matter to the assessment panel to—
a
contractors, including those contractors who provide primary medical services under arrangements made under section 41(2) of the Act (which relate to arrangements for the provision of primary medical services) which—
i
have closed their lists of patients, and
ii
may, in the opinion of the Local Health Board, be affected by the determination of the assessment panel, and
b
the Local Medical Committee (if any) for the area in which the contractors referred to in paragraph (a) provide unified services (or their equivalent).
3
The Local Health Board must ensure that the assessment panel is appointed to consider and determine the proposal made under sub-paragraph (1), and the composition of the assessment panel must be as described in sub-paragraph (4).
4
The members of the assessment panel must be—
a
the Chief Executive of the Local Health Board of which the assessment panel is a committee or sub-committee,
b
a person representative of patients in an area other than that of the Local Health Board which is a party to the contract, and
c
a person representative of a Local Medical Committee which does not represent practitioners in the area of the Local Health Board which is a party to the contract.
5
In reaching its determination, the assessment panel must have regard to all relevant factors including—
a
whether the Local Health Board has attempted to secure the provision of unified services (or their equivalent) for new patients other than by means of assignment to a contractor with a closed list; and
b
the workload of those contractors likely to be affected by any decision to assign such patients to their list of patients.
6
The assessment panel must reach a determination before the end of the period of 28 days beginning with the date on which the panel was appointed.
7
The assessment panel must—
a
determine whether the Local Health Board may assign new patients to a contractor which has a closed list of patients, and
b
if it determines that the Local Health Board may make such an assignment, determine, where there is more than one contractor, the contractors to which patients may be assigned.
8
The assessment panel may determine that the Local Health Board may assign new patients to contractors other than any of the contractors specified in its proposals under sub-paragraph (1), as long as the contractors were given notice in writing under sub-paragraph (2)(a).
9
The assessment panel’s determination must include its comments on the matters referred to in sub-paragraph (5), and notice in writing of that determination must be given to those contractors referred to in sub-paragraph (2)(a).