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Primary care contracts – do you know the detail?

We receive regular questions from our annual contract clients on the detail of primary care contracts, for example:

Q: We are seeking advice as to where to find a list of eligible contract holders for an alternative provider medical services (APMS) contract under the NHS Act.  Local procurement has received a bid for APMS from a charitable community benefit society.

A: Unlike for personal medical services (PMS) and general medical services (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.

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.

Q: A group of practices (a primary care network (PCN)) is looking to sub-contract an element of the PCN directed enhanced service (DES) (i.e. a 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.

How to get access to our helpdesk

Our annual contracts allow commissioners access to our helpdesk where our expert advisers respond to questions like these every day.  Our annual contract packages also allow access to expert advice sessions, our event programme and workshops.   For affordable expert support for commissioners see https://www.pcc-cic.org.uk/annual-contracts/

Email enquiries@pcc-cic.org.uk to discuss taking out an affordable annual contract to provide you with flexible, expert support for the year ahead.

Last Updated on 1 August 2022