The Health and Personal Social Services (General Medical Services Contracts) (Amendment No. 2) Regulations (Northern Ireland) 2013

Made: 19th December 2013

Coming into operation-: 27th December 2013

The Department of Health, Social Services and Public Safety[^f00001] in conjunction with the Department of Finance and Personnel, makes the following Regulations in exercise of the powers conferred by Articles 57A, 57E, 106 and 107(6) of the Health and Personal Social Services (Northern Ireland) Order 1972[^f00002].

Citation, commencement and interpretation

1

• (1) These Regulations may be cited as the Health and Personal Social Services (General Medical Services Contracts) (Amendment No. 2) Regulations (Northern Ireland) 2013 and shall come into operation on 27th December 2013.

• (2) In these Regulations “the principal Regulations” means the Health and Personal Social Services (General Medical Services Contracts) Regulations (Northern Ireland) 2004[^f00003].

Amendment of regulation 2 of the principal Regulations

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendment of regulation 15 of the principal Regulations

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendment of Schedule 4 to the principal Regulations

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendment of Schedule 5 to the principal Regulations

5

• (1) Schedule 5 (Other contractual terms) to the principal Regulations shall be amended as provided in the following paragraphs.

• (2) In paragraph 3 (Attendance outside practice premises) after sub-paragraph (3), insert—

(4) Notwithstanding anything in this paragraph, the contractor shall not be required to attend on a patient or a visiting patient outside Northern Ireland.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (7) For paragraph 78 substitute—

(78) (1) The contractor shall notify the Board in writing of any person other than a registered patient or a person whom the contractor has accepted as a temporary resident to whom he has provided the essential services described in regulation 15(6) or 98) within the period of 28 days beginning on the day that services were provided. (2) The contractor shall notify the Board in writing of any visiting patient to whom the contractor has provided services under regulation 15(3) or (5) within the period of 28 days beginning on the day that the services were provided.

Signed

Sealed with the Official Seal of the Department of Health, Social Services and Public Safety on 19th December 2013

Heather Stevens — A senior officer of the Department of Health, Social Services and Public Safety

Sealed with the Official Seal of the Department of Finance and Personnel on 19th December 2013

John McKibbin — A senior officer of the Department of Finance and Personnel

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations amend the Health and Personal Social Services (General Medical Services Contracts) Regulations (Northern Ireland) 2004, “the GMS Contract Regulations”, to give effect to Directive 2011/24/EU of the European Parliament and of the Council of 9th March 2011 on the application of patients’ rights in cross-border healthcare, in particular Article 4 (Responsibilities of the Member State of treatment), in domestic law.

Regulation 2 provides a definition of Visiting Patient and highlights that are two routes by which a person exercising rights under the Directive can become a visiting patient. The first route is under Paragraph 15A of Schedule 5 of the GMS Contract Regulations, (inserted by regulation 5(3) of these Regulations), where the person exercising rights under the Directive is accepted by the contractor for services under regulation 15(3) and (5) of the GMS Regulations, that is to say “essential services”. The second route is under Paragraph 32A of Schedule (5) of the GMS Contract Regulations, (inserted by regulation 5(4) of these Regulations), where the person exercising rights under the Directive contacts the Regional Health and Social Care Board and requests assignment to a contractor for essential services.

Regulation 3 includes the visiting patient amongst the patients whom a contractor is to provide the essential services set out at regulation 15(3) and (5) of the GMS Contracts Regulations.

Regulation 4, amends Schedule 4 to ensure that the contractor can demand and accept a fee, as determined by the Department of Health Social Services and Public Safety, where treatment has been provided to a visiting patient under regulation 15(3) or (5) of the GMS Regulations.

Regulation 5 makes other amendments to Schedule 5 of the GMS Contracts Regulations, including provision that a contractor is not required to attend on a patient or a visiting patient outside Northern Ireland. Provision is also included so that in relation to a visiting patient, prescriptions are to be via a private arrangement.

Footnotes

[^f00001]: See S.I. 1999/283 (N.I. 1) Article 3(6).

[^f00002]: S.I. 1972/1265 (N.I. 14). Articles 57A, and 57E were inserted by S.I. 2004/311 (N.I. 2), Article 4.

[^f00003]: S.R. 2004 No. 140. as amended by S.R 2004 No. 477, S.R. 2005 No. 230, S.R. 2005 No. 368, S..R. 2006 No. 319 and S.R.2013 No. 59

Editorial notes

[^key-740c8afec97e05216cbd857ce0b24f1e]: Reg. 1 in operation at 27.12.2013, see reg. 1(1)

[^key-56d7fb67cc85fb33842d3352e14d1773]: Reg. 5 in operation at 27.12.2013, see reg. 1(1)

[^key-f1b25e2f88740e6a6e2871d770f66e50]: Reg. 2 omitted (31.12.2020) by virtue of The Health Services (Cross-Border Health Care and Miscellaneous Amendments) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/784), regs. 1(1), 8; 2020 c. 1, Sch. 5 para. 1(1)

[^key-87da0ada922dd70691086b7654666e4d]: Reg. 3 omitted (31.12.2020) by virtue of The Health Services (Cross-Border Health Care and Miscellaneous Amendments) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/784), regs. 1(1), 8; 2020 c. 1, Sch. 5 para. 1(1)

[^key-2b42de1f7f9245f8dc70b6776a63900a]: Reg. 4 omitted (31.12.2020) by virtue of The Health Services (Cross-Border Health Care and Miscellaneous Amendments) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/784), regs. 1(1), 8; 2020 c. 1, Sch. 5 para. 1(1)

[^key-3b38fcbf8978fb3656d0118536f17686]: Reg. 5(3)-(6) omitted (31.12.2020) by virtue of The Health Services (Cross-Border Health Care and Miscellaneous Amendments) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/784), regs. 1(1), 8; 2020 c. 1, Sch. 5 para. 1(1)