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New GMS Contract Document

With the changes to the GMS contract regulation in April, it has been necessary for a revised NHS GMS contract document to be prepared to take account of the variations. It has come to my attention that the attached document has been sent to practices in some parts of the country and the wording on page 16 states :

PART 3
3.1 NHS Contract
3.1. The Contractor has elected to be regarded as a health service body for the purposes of section 9 of the 2006 Act. Accordingly, this Contract is an NHS contract.

This version has clearly altered the wording in order to remove the option to elect either to be or not to be an NHS body from the previous contract which stated:

PART 3
1.1 NHS Contract[1]
1.1. The Contractor has [not] elected to be regarded as a health service body for the purposes of section 9 of the 2006 Act. Accordingly, this Contract is [not] an NHS contract.[2]

The LMC and GPC advice to practices has always been to elect NOT to be a NHS body, as if the practice elects to be a NHS it forgoes its right to opt to have contract disputes dealt with through the courts rather than solely through the NHS disputes procedure.

It’s unclear at present whether this errant version of the contract has been sent, or is intended to be sent, to Birmingham practices, but if you have or do receive it then the LMC would strongly advise you not to sign it and return it to your CCG, requesting a version of the contract which allows you to opt out of NHS body status. Your CCG contract manager has been copied in to this message.

Please be aware though that the contract regulations do allow any practice to request variation of its contract to change its NHS body status at any time, and such a request MUST be accepted by the commissioner.

Click here to download the document "gms-contract-0514 PMS ptnrshp".

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