Standard General Medical Services Contract

1 Standard General Medical Services Contract October 2020 Classification: Official Standard General Medical Services (GMS) Contract Publishing approval number: PAR333 Version number: First published: December 2020 Prepared by Hill Dickinson on behalf of NHS England and NHS Improvement Classification: Official Equalities and health inequalities statement "Promoting equality and addressing health inequalities are at the heart of NHS England's values. Throughout the development of the policies and processes cited in this document, we have: given due regard to the need to eliminate discrimination, harassment and victimisation, to advance equality of opportunity, and to foster good relations between people who share a relevant protected characteristic (as cited under the Equality Act 2010) and those who do not share it.

2 Given regard to the need to reduce inequalities between patients in access to, and outcomes from, healthcare Services and in securing that Services are provided in an integrated way where this might reduce health inequalities." 2 Classification: Official Contents PART 1 ..6 DEFINITIONS AND INTERPRETATION ..6 PART 2 ..24 RELATIONSHIP BETWEEN THE PARTIES ..25 PART 3 ..26 NHS Contract ..26 PART 4 ..27 COMMENCEMENT OF THE Contract ..27 PART 5 ..28 CLINICAL COMMISSIONING GROUPS ..28 PART 6 ..29 PART 7 ..30 LEVEL OF SKILL ..30 PART 8 ..43 ESSENTIAL Services ..43 PART 9 ..46 ADDITIONAL Services ..46 PART 10.

3 53 OUT OF HOURS Services ..53 PART 11 ..57 OPT OUTS OF ADDITIONAL AND OUT OF HOURS Services ..57 PART 12 ..63 ENHANCED PART 13 ..64 PATIENTS ..64 PART 14 ..93 PRESCRIBING AND PART 15 ..107 PERSONS WHO PERFORM Services ..107 PART 16 ..119 RECORDS, INFORMATION, NOTIFICATION AND RIGHTS OF ENTRY .119 PART 17 ..138 4 Classification: Official PART 18 ..140 PAYMENT UNDER THE PART 19 ..143 FEES AND CHARGES ..143 PART 20 ..147 CLINICAL GOVERNANCE ..147 PART 21 ..148 PART 22 ..149 PART 23 ..151 COMPLIANCE WITH LEGISLATION AND GUIDANCE ..151 PART 24 ..152 COMPLAINTS ..152 PART 25 ..154 DISPUTE RESOLUTION.

4 154 PART 26 ..156 VARIATION AND TERMINATION OF THE Contract ..156 PART 27 ..178 NON-SURVIVAL OF TERMS ..178 PART 28 ..181 REGISTERED PATIENTS FROM OUTSIDE PRACTICE AREA ..181 SCHEDULE 1 (INDIVIDUAL) ..183 SCHEDULE 1 (PARTNERSHIP)..184 SCHEDULE 1 (COMPANY) ..187 SCHEDULE 2 SIGNATURES OF THE PARTIES TO THE AGREEMENT ..188 SCHEDULE 3 INFORMATION TO BE INCLUDED IN PRACTICE LEAFLETS ..189 SCHEDULE 4 Quality and Outcomes Framework Indicators no longer in the Quality and Outcomes Framework ..191 SCHEDULE 5 PLAN FOR IMPROVEMENT OF PREMISES ..193 SCHEDULE 6 PAYMENT SCHEDULE ..194 SCHEDULE 7 DISPENSING DOCTORS ..195 SCHEDULE 8 SUSPENSION AND REACTIVATION OF THE 205 5 5 THIS Contract is made on the day of 20[ ] BETWEEN (1) The NHS Commissioning Board whose name and address appears at Schedule 1 to this Contract (called the Board ) and (2) The contractor(s) whose name(s) appear(s) at Schedule 1 to this Contract (called the Contractor ) BACKGROUND A.

5 The Board is a statutory body established by section 1H of the National Health Service Act It is the duty of the Board to exercise its powers so as to secure the provision of primary Medical Services throughout England. B. In order to achieve this object, the Board is empowered by Part 4 of the National Health Service Act 2006, and the regulations made there under2, to enter into a General Medical Services Contract with specified categories of person. C. By virtue of a property transfer scheme made under section 300 of the Health and Social Care Act 2012, a General Medical Services Contract which was entered into before 1st April 2013 is to transfer to the Board on that date.

6 D. The Contractor falls within one of the specified categories of person. E. The Board and the Contractor wish to enter into a General Medical Services Contract under which the Contractor is to provide primary Medical Services and other Services in accordance with the provisions of this Contract . 1 PART 13 Definitions and Interpretation The following terms and phrases shall have the following meanings for the purposes of this Contract : 1977 Act means the National Health Service Act 1977; 2004 Regulations means the National Health Service ( General Medical Services Contracts) Regulations 2004 ( 2004/291); 2006 Act means the National Health Service Act 2006; 2012 Act means the Health and Social Care Act 2012; accountable GP means a General Medical practitioner assigned to a registered patient in accordance with clauses and ; additional Services means one or more of: (a) cervical screening Services .

7 1 Section 1H is inserted by section 9 of the Health and Social Care Act 2012 2 The National Health Service ( General Medical Services Contracts) Regulations 2015. Please also see the Transitional Order which, amongst other matters, sets out certain categories of persons who are entitled to a GMS Contract and, where such entitlement exists, this Order specifies particular requirements as to the terms of the GMS Contract to be entered into. 3 Part 1 is not required by the Regulations, but is recommended. 6 (b) Reserved. (c) childhood vaccines and immunisations; (d) vaccines and immunisations; (e) child health surveillance Services ; (f) maternity Medical Services ; and (g) minor surgery; adjudicator means the Secretary of State or a person or persons appointed by the Secretary of State under section 9(8) of the 2006 Act or under regulation 83(5)(b) of the Regulations.

8 Advanced electronic signature means an electronic signature which meets the following requirements: (a) it is uniquely linked to the signatory, (b) it is capable of identifying the signatory, (c) it is created using electronic signature creation data that the signatory can, with a high level of confidence, use under the signatory s sole control, and (d) it is linked to the data signed in such a way that any subsequent change in the data is detectable; appliance means an appliance which is included in a list for the time being approved by the Secretary of State for the purposes of section 126 of the 2006 Act; approved Medical practice has the same meaning as in section 11 of the Medical Act 1983; armed forces GP means a Medical practitioner who is employed on a Contract of service by the Ministry of Defence, whether or not as a member of the armed forces of the Crown; armed forces of the Crown means the forces that are regular forces or reserve forces within the meaning given in section 374 of the Armed Forces Act 2006 (definitions applying for the purposes of the whole Act); assessment panel means a panel appointed by the Board under paragraph 41(7) of Schedule 3 to the Regulations.

9 "authorised person", in relation to a patient, is a person who is entitled to make an application for pharmaceutical Services on behalf of the patient by virtue of regulation 116(a) to (c) of the National Health Service (Pharmaceutical and Local Pharmaceutical Services ) Regulations 2013 (authorised persons to apply for Services ); bank holiday means any day that is specified or proclaimed as a bank holiday in England and Wales pursuant to section 1 of the Banking and Financial Dealings Act 1971; batch issue means a form, in the format required by the Board and approved by the Secretary of State which: (a) is issued by a repeatable prescriber at the same time as a non-electronic repeatable prescription to enable a chemist to receive payment for the provision of repeat dispensing Services ; 7 (b) relates to a particular non-electronic repeatable prescription and contains the same date as that prescription; (c) is generated by a computer and not signed by a repeatable prescriber.

10 (d) is issued as one of a sequence of forms, the number of which is equal to the number of occasions on which the drugs, medicines or appliances ordered on the non-electronic repeatable prescription may be provided, and (e) has included on it a number denoting its place in the sequence referred to in sub-clause (d); Care Quality Commission means the body established under section 1 of the Health and Social Care Act 2008; CCG means a clinical commissioning group; CCT means certificate of completion of training awarded under section 34L(1) of the Medical Act 1983 including any such certificate awarded in pursuance of the competent authority functions of the General Medical Council specified in section 49B of, and Schedule 4A to, that Act; cervical screening Services m eans the serv ic es desc ribed in c lause ; the Charges Regulations means the National Health Service (Charges for Drugs and Appliances) Regulations 2015; charity trustee means one of the persons having the General control and management of the administration of a charity.