SCHEDULE 1
Regulation 2
Amendments to the GMS Contracts Regulations
Removal of references to medical cards
1. In regulation 3 (interpretation), omit the definition of “medical card”.
2. In regulation 24 (fees and charges), in paragraph (3)(a)—
(a) at the end of paragraph (i) insert “and”;
(b) omit paragraph (iii) and the “and” immediately after it.
3. In Schedule 3 (other contractual terms), in paragraph 18(3) (application for inclusion in a list of patients) omit “a medical card or”.
4. Pay transparency
(1) Regulation 27AA (disclosure of information about NHS earnings: jobholders) is amended as follows.
(2) In paragraph (10), for the words from “to include the term” to the end substitute—
“
—
(a)
(a) to include the term specified in paragraph (6) in any contract of engagement which T enters into with a jobholder on or after entering into the contract with the contractor;
(b)
(b) to use reasonable endeavours to include that term in any contract of engagement which T has entered into prior to entering into the contract with the contractor.
(3) In paragraph (11)—
(a)
(a) in sub-paragraph (a), for the words from “to include the term” to the end substitute—
“
—
(i)
(i) to include the term specified in paragraph (6) in any contract of engagement which T enters into with a jobholder on or after entering into the contract with S;
(ii)
(ii) to use reasonable endeavours to include that term in any contract of engagement which T has entered into prior to entering into the contract with S;
”;
(b)
(b) in sub-paragraph (b), after “requiring P to” insert “use reasonable endeavours to”;
(4) For paragraph (12) substitute—
“
12 The term is one which requires T—
(a) to include the term specified in paragraph (6) in any contract of engagement which T enters into with a jobholder on or after entering into the contract with P;
(b) to use reasonable endeavours to include that term in any contract of engagement which T has entered into prior to entering into the contract with P.
5. Patient online services: provision of online access to coded information in medical record and prospective medical records
(1) For regulation 71ZA substitute—
“
Patient online services: provision of online access to coded information in medical record and prospective medical records
71ZA.—(1) Where the contractor holds the medical record of a registered patient (“P”) on its computerised clinical systems, the contractor must—
(a)
(a) provide P with the facility to access online information entered onto P’s medical record on or after the relevant date (the “prospective medical record”); and
(b)
(b) promote and offer to P the facility to access online the information from P’s medical record held in coded form.
(2) For the purposes of paragraph (1)(b), the contractor is taken to be—
(a)
(a) promoting the facility to P where P is encouraged to utilise the practice’s digital services and to interact with the practice via online access;
(b)
(b) offering the facility to P where it is freely available to P if P shows interest in the facility or requests access in writing to their medical records held in coded form.
(3) In relation to any person who is in the process of becoming a registered patient of the contractor (“R”), the contractor must, as part of the registration process—
(a)
(a) make information prominently available to R about the practice’s digital services and about interacting with the practice via online access; and
(b)
(b) inform R that on becoming a registered patient, R will be provided with the facility to access R’s prospective medical record (unless R chooses not to be provided with that facility).
(4) The contractor must configure its computerised clinical systems so as to allow its registered patients the facility to access online information entered onto their medical record.
(5) In this regulation, “relevant date” means [ ] 2023 or if the contractor has not provided P with the facility to access online P’s prospective medical record on that day—
(a)
(a) the day on which the contractor does provide the facility;
(b)
(b) 31st October 2023,
whichever is the earlier.
(6) Where—
(a)
(a) the contractor has not, as at [ ] 2023, provided P with the facility to access online P’s prospective medical record; and
(b)
(b) P makes a request in writing to the contractor on or after that date but before 31st October 2023, to be provided with that facility,
the contractor must provide that facility to P by the end of the compliance period or by 31st October 2023 whichever is the earlier.
(7) Where—
(a)
(a) the contractor has not, as at 31st October 2023, for whatever reason, provided P with the facility to access online P’s prospective medical record; and
(b)
(b) P makes a request, in writing to the contractor on or after that date, to be provided with that facility,
the contractor must provide P with that facility by the end of the compliance period.
(8) Nothing in this regulation requires the contractor to provide P with the facility to access—
(a)
(a) online information entered onto the medical record where that information is excepted information;
(b)
(b) online information entered onto P’s prospective medical record where P has informed the contractor that they do not, or no longer, wish to be provided with that facility; or
(c)
(c) information referred to in paragraph (1)(b) which the contractor’s computerised systems cannot separate from any free-text entry in P’s medical record.
(9) For the purposes of this regulation and regulation 71ZB—
(a)
(a) “the compliance period” means the period specified in Article 12 of the UK GDPR for compliance with a request made by virtue of Article 15 of the UK GDPR;
(b)
(b) information is “excepted information” if the contractor would not be required to disclose it in response to a request made in exercise of a right under Article 15 of the UK GDPR.
(10) For the purposes of paragraph (9), “UK GDPR” has the meaning given in section 3(10) of the Data Protection Act 20185.
6. Patient online services: provision of online access to full digital medical record
(1) Regulation 71ZB (patient online services: provision of online access to full digital medical record) is amended as follows.
(2) In paragraph (1)(a), omit “and redaction software”.
(3) After paragraph (1) insert—
“
1A Where P makes a request under paragraph (1)(b), the contractor must provide P with the facility by the end of the compliance period.
1B The contractor must configure its computerised clinical systems so as to allow its registered patients the facility to access online their relevant medical information.
(4) In paragraph (2)(a), for “offered in accordance with regulation 71ZA(1) or (2)” substitute “provided in accordance with regulation 71ZA(1)”.
7. Patient online services: provision of an online consultation tool
In regulation 71ZD (patient online services: provision of an online consultation tool), in paragraph (3)—
(a) in sub-paragraph (a), after “offer” insert “, promote or, as the case may be, provide”;
(b) in sub-paragraph (b), after “offer” insert “and promote”.
8. Patient access to online services
In regulation 71A (patient access to online services), in paragraph (1), for “promote and offer” substitute “promote, offer or, as the case may be, provide”.
9. New telephone contract or arrangements
After paragraph 2 of Schedule 3 insert—
“
2A New telephone contract or arrangements
(1) The contractor must ensure that any new contract or other arrangement relating to telephone services used by—
(a)
(a) patients to contact the contractor’s practice for a purpose related to the contract; or
(b)
(b) any other person to contact the contractor’s practice in relation to services provided as part of the health service,
is with a supplier...
