Primary medical care services




НазваниеPrimary medical care services
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SUBJECT TO CONTRACT

PRIVATE & CONFIDENTIAL


DATED ………………..






  1. NORTH EAST LINCOLNSHIRE

CARE TRUST PLUS

2




CONTRACT


FOR


PRIMARY MEDICAL CARE SERVICES


Table of contents

Clause heading and number Page number

BACKGROUND 1

PART 1 CLAUSES 1 TO 4 - DEFINITIONS AND INTERPRETATION 2

PART 2 CLAUSE 5 TO 12 - RELATIONSHIP BETWEEN THE PARTIES 25

PART 3 CLAUSES 13 TO 23 - NHS CONTRACT 25

PART 4 CLAUSE 24 - COMMENCEMENT OF THE CONTRACT 26

CLAUSES 25 TO 28 - DURATION OF THE CONTRACT 26

PART 5 CLAUSES 29 TO 32 - WARRANTIES 26

PART 6 CLAUSES 33 TO 33B - LEVEL OF SKILL 27

PROVISION OF SERVICES 27

CLAUSES 34 TO 37A - Premises 27

CLAUSE 37AA - Telephone Services 28

CLAUSE 37B - Opening Hours 28

CLAUSE 37C - Cost of Relevant Calls 28

CLAUSE 38 – Attendance at Practice Premises 29

CLAUSES 39 TO 40 – Attendance outside Practice Premises 29

CLAUSES 41 TO 42 – Newly Registered Patients 30

CLAUSES 43 TO 44 – Patients not seen within 3 years 30

CLAUSES 45 TO 46 – Patients aged 75 years and older 30

CLAUSES 47 TO 47A – Clinical Reports 30

CLAUSE 48 – Storage of Vaccines 31

CLAUSE 49 – Infection Control 31

CLAUSES 50 TO 53 – Duty of Co-Operation in Relation to Additional,

Enhanced and Out of Hours Services 31

PART 7 CLAUSES 54 TO 60 – ESSENTIAL SERVICES 32

PART 8 CLAUSES 61 TO 68 – ADDITIONAL SERVICES 33

CLAUSES 69 TO 71 – Cervical Screening 34

CLAUSE 72 – Contraceptive Services 34

CLAUSES 73 TO 74 – Vaccinations and Immunisations 35

CLAUSES 75 TO 76 – Childhood vaccinations and Immunisations 36

CLAUSES 77 TO 79 – Child Health Surveillance 36

CLAUSES 80 TO 81 – Maternity Medical Services 37

CLAUSES 82 TO 83 – Minor Surgery 37

CLAUSES 83A TO 83D - Additional Services and

Amendments to Local PMS Enhanced Services 38

PART 9 CLAUSES 84 TO 87G - OUT OF HOURS SERVICES 38

PART 10 CLAUSES 88 TO 114 - OPT OUTS OF OUT OF HOURS SERVICES 39

PART 11 CLAUSES 115 TO 117 - ENHANCED SERVICES 40

CLAUSE 117A – LOCAL PMS ENHANCED SERVICES 40

PART 12 PATIENTS 40

CLAUSE 118 - Persons to whom Services are to be provided 40

CLAUSE 119 – Patient Registration Area 40

CLAUSES 120 TO 123 – List of Patients 40

CLAUSES 124 TO 129 – Application for inclusion in a list of Patients 41

CLAUSES 130 TO 133A – Temporary residents 42

CLAUSES 134 TO 137 – Refusal of applications for inclusion in the list

of patients or for acceptance as a temporary resident 42

CLAUSES 138 TO 139 – Patient preference of Practitioner 42

CLAUSES 140 TO 144 – Removals from the list at the request of

the Patient 43

CLAUSES 145 TO 153 – Removals from the list at the request of the

Provider 43

CLAUSES 154 TO 161 – Removals from the list of Patients who are

violent 44

CLAUSES 162 TO 164 – Removals from the list of Patients registered

elsewhere 45

CLAUSES 165 TO 167 – Removals from the list of Patients who have

moved 46

CLAUSES 168 TO 170 – Removals from the list of Patients absent from

the United Kingdom etc. 46

CLAUSES 171 TO 173 – Removals from the list of Patients accepted

elsewhere as temporary residents 47

CLAUSES 174 TO 176 – Removals from the list of Pupils etc of a School 47

CLAUSES 177 TO 205 – Termination of responsibility for Patients not

registered with the Provider 47

CLAUSES 206 TO 207 – Assignment of Patients to lists: Open Lists 49

CLAUSES 208 TO 209 – Assignment of Patients to lists: Closed Lists 49

CLAUSES 210 TO 220 – Factors relevant to assignments 49

PART 13 CLAUSE 221 - PRESCRIBING AND DISPENSING 50

CLAUSES 222 TO 229 – Prescribing 50

CLAUSES 229A TO 229C – Electronic Prescriptions 53

CLAUSES 229D TO 229G – Nomination of dispensing Providers for the

purpose of electronic prescriptions 54

CLAUSES 230 TO 237 – Repeatable Prescribing Services 54

CLAUSES 238 TO 241A - Repeatable Prescriptions 55

CLAUSES 242 TO 245 – Restrictions on prescribing by

Medical Practitioners 58

CLAUSES 246 TO 251 – Restrictions on prescribing by supplementary

Prescribers 59

CLAUSES 252 TO 255 – Bulk prescribing 60

CLAUSES 256 TO 290 – Excessive prescribing 60

CLAUSE 291 – Provision of drugs, medicines and Appliances for

immediate treatment or personal administration 61

PART 14 PERSONS WHO PERFORM SERVICES 62

CLAUSES 292 TO 296A – Qualifications of performers 62

CLAUSES 297 TO 307 – Conditions for employment and engagement 63

CLAUSES 308 TO 309 – Training 64

CLAUSE 310 – Terms and conditions 64

CLAUSES 311 TO 313 – Arrangements for GP Registrars 65

CLAUSE 314 – Doctors with provisional registration 65

CLAUSES 315 TO 318 – Independent nurse Prescribers, pharmacist

independent Prescribers and Supplementary Prescribers 65

CLAUSES 319 TO 320A – Signing of documents 66

CLAUSES 321 TO 322 – Appraisal and assessment 67

CLAUSES 323 TO 326A – Sub-contracting of clinical matters 67

PART 15 RECORDS, INFORMATION, NOTIFICATION AND RIGHTS OF ENTRY 68

CLAUSES 327 TO 337 – Patient records 68

CLAUSE 338 – Confidentiality of personal data 69

CLAUSE 339 – Practice leaflet 69

CLAUSES 340 TO 346 – Provision of information 70

CLAUSES 347 TO 349 – Inquiries about prescriptions and referrals 70

CLAUSES 350 TO 351A – Provision of information to a Medical Officer etc 71

CLAUSES 352 TO 354A – Annual return and review 71

CLAUSES 355 TO 361 – Notifications to the CTP 72

CLAUSES 362 TO 365 – Notification of deaths 72

CLAUSE 366 – Notifications to patients following a variation of the

Contract 73

CLAUSES 367 TO 369 – Entry and inspection by the CTP 73

CLAUSE 370 – Entry and inspection by the Care Quality Commission 73

CLAUSE 370A - Entry and viewing by local involvement network

representatives 74

CLAUSE 370B - Counterfraud and Security Management 74

PART 16 CLAUSES 371 TO 372 - CERTIFICATES 74

PART 17 CLAUSES 373 TO 375 - PAYMENT UNDER THE CONTRACT 77

PART 18 CLAUSES 376 TO 380 - FEES AND CHARGES 77

PART 19 CLAUSES 381 TO 381C- CLINICAL GOVERNANCE 79

PART 20 CLAUSES 382 TO 382H - INSURANCE 79

CLAUSES 383 TO 385C - INDEMNITY AND LIMITATION OF LIABILITY 80

PART 21 CLAUSES 386 TO 391 - GIFTS 82

PART 22 CLAUSE 392 - COMPLIANCE WITH LEGISLATION AND GUIDANCE 83

PART 23 COMPLAINTS 83

CLAUSES 393 TO 404 – Complaints Procedure 83

CLAUSES 405 TO 409 – Co-operation with Investigations 84

PART 24 CLAUSES 410 TO 416 - DISPUTE RESOLUTION 84

CLAUSES 417 TO 419B - STEP IN 85

PART 25 VARIATION AND TERMINATION OF THE CONTRACT 86

CLAUSES 420 TO 421 – Variation of the Contract: general 86

CLAUSES 422 TO 422C – Termination by agreement 86

CLAUSES 423 TO 423C – Termination by Notice 86

CLAUSES 424 TO 429 – Late payment notices 86

CLAUSE 430 – Termination by the CTP for provision of untrue etc

information 87

CLAUSES 431 TO 435 – Termination by the CTP on fitness grounds 87

CLAUSE 435A – Termination by the CTP for unlawful sub-contracting 90

CLAUSE 436 – Termination by the CTP where there is a serious risk to

the safety of Patient or risk of financial loss to the CTP 90

CLAUSES 437 TO 444 – Termination by the CTP: remedial notices and

Breach Notices 90

CLAUSE 445 - Termination by the CTP for a Serious Breach 91

CLAUSES 446 TO 450 – Contract sanctions 91

CLAUSES 451 TO 455 – Termination and the Dispute

Resolution Procedure 92

CLAUSES 456 TO 466A – Consequences of termination 92

PART 26 CLAUSE 467 - SURVIVAL OF TERMS 95

CLAUSES 468 TO 469 - ENTIRE AGREEMENT 96

CLAUSES 470 TO 472 - GOVERNING LAW AND JURISDICTION 96

CLAUSE 473 - WAIVER, DELAY OR FAILURE TO EXERCISE RIGHTS 96

CLAUSES 474 TO 477 - FORCE MAJEURE 97

CLAUSES 477A TO 477B - MAJOR INCIDENTS 97

CLAUSES 478 TO 480 - SEVERANCE 97

CLAUSES 481 TO 484 - SERVICE OF NOTICE 98

CLAUSES 485 TO 485D - INTELLECTUAL PROPERTY 98

CLAUSE 486 - EMPLOYMENT REGULATIONS 99

CLAUSES 487 TO 489 - DISCRIMINATION 99

CLAUSE 490 TO 493 - DATA PROTECTION 99

CLAUSES 494 TO 496 - FREEDOM OF INFORMATION 100

CLAUSES 497 TO 502 - CONFIDENTIALITY 101

CLAUSES 503 TO 504C - INDUCEMENTS TO PURCHASE 102

CLAUSES 505 TO 508 - ADVERTISING AND NHS BRANDING 104

CLAUSE 509 - SPONSORSHIP 104

CLAUSE 510 - ADMINISTRATION 104

CLAUSES 511 TO 515 - AUDIT OF REFERRAL INFORMATION 105

SCHEDULES

SCHEDULE 1 PARTIES

SCHEDULE 2 RESERVED

SCHEDULE 3 INFORMATION TO BE INCLUDED IN PRACTICE LEAFLETS

SCHEDULE 4 RESERVED

SCHEDULE 5 RESERVED

SCHEDULE 6 PLAN FOR IMPROVEMENT OF PREMISES

SCHEDULE 7 PAYMENT SCHEDULE

SCHEDULE 8 INFECTION CONTROL POLICY

SCHEDULE 9 PLAN OF PRACTICE AREA

SCHEDULE 10 LOCAL PMS ENHANCED SERVICES

SCHEDULE 11 QUALITY ASSURANCE AGREEMENT

SCHEDULE 12 POLICY ON REIMBURSEMENT FOR LOCUM COSTS

SCHEDULE 13 FORMAT FOR PREMISES MAINTENANCE PLANS

SCHEDULE 14 PRACTICE LEAFLET

SCHEDULE 15 ENHANCED SERVICES

SCHEDULE 16 STAFFING AND REGISTRATION

SCHEDULE 17 IM&T

SCHEDULE 18 CHANGE SCHEDULE

SCHEDULE 19 INSURANCE REQUIREMENTS

SCHEDULE 20 EXIT PLAN

SCHEDULE 21 COMPENSATION ON TERMINATION

SCHEDULE 22 APPROVED SUBCONTRACTORS

SCHEDULE 23 STAFF TRANSFER

SCHEDULE 24 OPERATIONAL MANAGEMENT PLAN


THIS CONTRACT is made

3.1.1BETWEEN


  1. The Care Trust Plus whose name and address appears at Schedule 1 to this Contract (called the "CTP") and

  2. The Provider(s) whose name(s) appear(s) at Schedule 1 to this Contract (called the "Provider")

3.1.2BACKGROUND


    1. The CTP is a statutory body established by orders made pursuant to section 18 of the National Health Service Act 2006. It is the duty of the CTP to exercise its powers so as to provide or secure the provision of primary medical services within its area.

    2. In order to achieve this object, the CTP is empowered section 83 of the National Health Service Act 2006, to make such arrangements for primary medical care services as it thinks fit.

    3. The CTP and the Provider wish to enter into this Contract under which the Provider is to provide certain primary medical services and other services in accordance with the provisions of this Contract.
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