Location via proxy:   [ UP ]  
[Report a bug]   [Manage cookies]                
SlideShare a Scribd company logo

Helpdesk FAQ March 2023.pptx

•Download as PPTX, PDF•
•

The document provides responses from an expert helpdesk to various questions about NHS contracting regulations and policies. The questions cover topics like eligibility for APMS contracts, practice advertising on social media, subcontracting PCN services, electronic signatures on contract variations, director retirement requirements, changing a GOS contract to a company, reversing a pharmacy sale, allowing a company-to-company GDS contract change, and optical supplier contracting requirements. Concise answers are provided addressing the specifics of each question.

1 of 11
Helpdesk support Examples of recently asked questions to our helpdesk
www.pcc-cic.org.uk © 2023 PCC Q: We are seeking as advice as to where to find a list of eligible contract holders for an APMS contract under the NHS Act. Local procurement has received a bid for APMS from a charitable community benefit society. A: Unlike for PMS and GMS contracts, the NHS Act 2006 does not provide a list of eligible persons for APMS contract holders. However, APMS Direction 5 provides a list of prohibitions as to who the commissioner must not enter into a contract with, including for your scenario a voluntary organisation described in the NHS Act 2006 as ‘a body the activities of which are carried on otherwise than for profit’. A charitable community benefit society is usually a not-for-profit organisation and I advise you clarify with the bidder before declining the bid on the above grounds.
www.pcc-cic.org.uk © 2023 PCC Q: Is it against regulations for practices to advertise themselves as open to new patient registrations on social media, where it is not advertising private services? A: Using GMS regulation as an example, Regulation 73 requires a GP contractor to have an online presence, which is referred to as a practice website, or an online practice profile as described in that regulation. It is generally accepted 'social media' platforms satisfy such requirement and, as you say this social media post is not advertising private services so no issue there. I appreciate this social media post is expressly inviting patients to register with the practice, but there is no prohibition on such an invite.
www.pcc-cic.org.uk © 2023 PCC Q: A group of practices (PCN) is looking to sub-contract an element of the PCN DES (i.e. specific role) to a local trust. Any advice would be appreciated including whether a sub-contract must be by deed. A: A PCN is not a legal entity, any sub-contract of PCN services will need to be in place with each PCN core-member practice to the sub-contractor. While core-member practice(s) can sub-contract a service (or element thereof) you refer to a specific role but please be mindful sub-contracting is the service and not the individuals - that may be a separate employment question in relation to ARRS roles. It would be for the parties to a sub-contracting arrangement to agree whether by simple contract or deed, but I would advise you to advise them to take their own advice.
www.pcc-cic.org.uk © 2023 PCC Q:Can typed signatories be accepted on national contract variations or do electronic signatures need to be scanned? A: If you‘re accepting electronic signatures on contract variations they need to be actual signatures not typed. You would be advised to ensure electronic signatures come from a recognised source, e.g. practice email, and that the person whose electronic signature is used has authorised its use. NHS England do not formally recognise electronically provided signatures and prefer wet signatures.
www.pcc-cic.org.uk © 2023 PCC Q: Does a director, who is a dentist, have to retire from their limited company when taking 24-hour retirement? A: For a limited company to meet the requirements to hold a dental contract they must meet the requirement that at least 50% of the directors are registered with the General Dental Council (GDC). When a dental practitioner wishes to take their pension, under the 1995 scheme they must retire off all NHS contracts, however they do not have to resign from the GDC. The directors of the limited company are not named within the contract itself and as long as they have not come off of the GDC register they do not need to stop being a director to take their 24-hour retirement. There is no contractual action required but a file note can be held noting the 24-hour retirement and their superannuable status should be updated on the Compass payment system.
www.pcc-cic.org.uk © 2023 PCC Q: Can a General Ophthalmic Services (GOS) contract held by an individual or partnership be varied to one held by a body corporate either as a limited company or limited liability partnership (LLP)? A: No. There is no provision in the General Ophthalmic Contract Regulations 2008 (as amended) to enable the contract to be varied to this effect. Where the contractor is an individual or a partnership and wishes to form a body corporate to hold a GOS contract, they will need to apply for a new contract in the name of the body corporate and their current GOS contract will need to be terminated. A similar process will need to be followed where a body corporate wishes the contract to be held by a partnership or an individual.
www.pcc-cic.org.uk © 2023 PCC Q: The sale of a pharmacy has fallen through after the notice of commencement had been submitted and actioned. The applicant wants the pharmacy to be put back into the seller’s name. A: Once a valid notice of commencement has been received and the relevant pharmaceutical list has been amended the only way the change can be undone is via the successful submission of a change of ownership application by the original owner and the subsequent submission of a valid notice of commencement.
www.pcc-cic.org.uk © 2023 PCC Q: Can a company change to another company and still hold their GDS dental contract? A: A company-to-company change isn't covered in regulations but can be managed by way of a contract novation. Commissioners can use the process (outlined in the policy book) for managing an incorporation request, to look at their decision-making process and what would be looked at to decide whether to allow a novation request or not. Because it is a change outside of the regulations it does carry a risk that someone may raise a procurement challenge. Commissioners can again use the principles of managing an incorporation request when looking at the procurement risk. The risk of challenge doesn't mean the request should not be allowed, but that the commissioner should put themselves in the best place to defend the decision.
www.pcc-cic.org.uk © 2023 PCC Q: Do suppliers of optical appliances (glasses and contact lenses) need to hold a contract with the NHS? A: No. Suppliers of optical appliances who choose to only dispense and submit GOS 3 forms (NHS optical voucher and patient statement) and GOS 4 forms (NHS optical repair and replacement application form) do not need to hold a GOS contract with NHS England as the GOS claim forms contain the required wording to support reimbursement. Suppliers who dispense to patients who are under 16 years of age or who are registered sight impaired or severely sight impaired (previously partially sighted or blind) must be carried out by, or under the supervision of, a **registered optometrist, Ophthalmic Medical Practitioner (OMP) or dispensing optician. The registered practitioner should be identified on the dispensing record. **Registered with the General Optical Council (GOC)
www.pcc-cic.org.uk © 2023 PCC Find out more If you would like more information about access to our quality assured helpdesk or annual contracts please contact enquiries@pcc-cic.org.uk

More Related Content

Helpdesk FAQ March 2023.pptx

  • 1. Helpdesk support Examples of recently asked questions to our helpdesk
  • 2. www.pcc-cic.org.uk © 2023 PCC Q: We are seeking as advice as to where to find a list of eligible contract holders for an APMS contract under the NHS Act. Local procurement has received a bid for APMS from a charitable community benefit society. A: Unlike for PMS and GMS contracts, the NHS Act 2006 does not provide a list of eligible persons for APMS contract holders. However, APMS Direction 5 provides a list of prohibitions as to who the commissioner must not enter into a contract with, including for your scenario a voluntary organisation described in the NHS Act 2006 as ‘a body the activities of which are carried on otherwise than for profit’. A charitable community benefit society is usually a not-for-profit organisation and I advise you clarify with the bidder before declining the bid on the above grounds.
  • 3. www.pcc-cic.org.uk © 2023 PCC Q: Is it against regulations for practices to advertise themselves as open to new patient registrations on social media, where it is not advertising private services? A: Using GMS regulation as an example, Regulation 73 requires a GP contractor to have an online presence, which is referred to as a practice website, or an online practice profile as described in that regulation. It is generally accepted 'social media' platforms satisfy such requirement and, as you say this social media post is not advertising private services so no issue there. I appreciate this social media post is expressly inviting patients to register with the practice, but there is no prohibition on such an invite.
  • 4. www.pcc-cic.org.uk © 2023 PCC Q: A group of practices (PCN) is looking to sub-contract an element of the PCN DES (i.e. specific role) to a local trust. Any advice would be appreciated including whether a sub-contract must be by deed. A: A PCN is not a legal entity, any sub-contract of PCN services will need to be in place with each PCN core-member practice to the sub-contractor. While core-member practice(s) can sub-contract a service (or element thereof) you refer to a specific role but please be mindful sub-contracting is the service and not the individuals - that may be a separate employment question in relation to ARRS roles. It would be for the parties to a sub-contracting arrangement to agree whether by simple contract or deed, but I would advise you to advise them to take their own advice.
  • 5. www.pcc-cic.org.uk © 2023 PCC Q:Can typed signatories be accepted on national contract variations or do electronic signatures need to be scanned? A: If you‘re accepting electronic signatures on contract variations they need to be actual signatures not typed. You would be advised to ensure electronic signatures come from a recognised source, e.g. practice email, and that the person whose electronic signature is used has authorised its use. NHS England do not formally recognise electronically provided signatures and prefer wet signatures.
  • 6. www.pcc-cic.org.uk © 2023 PCC Q: Does a director, who is a dentist, have to retire from their limited company when taking 24-hour retirement? A: For a limited company to meet the requirements to hold a dental contract they must meet the requirement that at least 50% of the directors are registered with the General Dental Council (GDC). When a dental practitioner wishes to take their pension, under the 1995 scheme they must retire off all NHS contracts, however they do not have to resign from the GDC. The directors of the limited company are not named within the contract itself and as long as they have not come off of the GDC register they do not need to stop being a director to take their 24-hour retirement. There is no contractual action required but a file note can be held noting the 24-hour retirement and their superannuable status should be updated on the Compass payment system.
  • 7. www.pcc-cic.org.uk © 2023 PCC Q: Can a General Ophthalmic Services (GOS) contract held by an individual or partnership be varied to one held by a body corporate either as a limited company or limited liability partnership (LLP)? A: No. There is no provision in the General Ophthalmic Contract Regulations 2008 (as amended) to enable the contract to be varied to this effect. Where the contractor is an individual or a partnership and wishes to form a body corporate to hold a GOS contract, they will need to apply for a new contract in the name of the body corporate and their current GOS contract will need to be terminated. A similar process will need to be followed where a body corporate wishes the contract to be held by a partnership or an individual.
  • 8. www.pcc-cic.org.uk © 2023 PCC Q: The sale of a pharmacy has fallen through after the notice of commencement had been submitted and actioned. The applicant wants the pharmacy to be put back into the seller’s name. A: Once a valid notice of commencement has been received and the relevant pharmaceutical list has been amended the only way the change can be undone is via the successful submission of a change of ownership application by the original owner and the subsequent submission of a valid notice of commencement.
  • 9. www.pcc-cic.org.uk © 2023 PCC Q: Can a company change to another company and still hold their GDS dental contract? A: A company-to-company change isn't covered in regulations but can be managed by way of a contract novation. Commissioners can use the process (outlined in the policy book) for managing an incorporation request, to look at their decision-making process and what would be looked at to decide whether to allow a novation request or not. Because it is a change outside of the regulations it does carry a risk that someone may raise a procurement challenge. Commissioners can again use the principles of managing an incorporation request when looking at the procurement risk. The risk of challenge doesn't mean the request should not be allowed, but that the commissioner should put themselves in the best place to defend the decision.
  • 10. www.pcc-cic.org.uk © 2023 PCC Q: Do suppliers of optical appliances (glasses and contact lenses) need to hold a contract with the NHS? A: No. Suppliers of optical appliances who choose to only dispense and submit GOS 3 forms (NHS optical voucher and patient statement) and GOS 4 forms (NHS optical repair and replacement application form) do not need to hold a GOS contract with NHS England as the GOS claim forms contain the required wording to support reimbursement. Suppliers who dispense to patients who are under 16 years of age or who are registered sight impaired or severely sight impaired (previously partially sighted or blind) must be carried out by, or under the supervision of, a **registered optometrist, Ophthalmic Medical Practitioner (OMP) or dispensing optician. The registered practitioner should be identified on the dispensing record. **Registered with the General Optical Council (GOC)
  • 11. www.pcc-cic.org.uk © 2023 PCC Find out more If you would like more information about access to our quality assured helpdesk or annual contracts please contact enquiries@pcc-cic.org.uk