PCT-Practice Agreement FAQs
1. Where can I find additional information on PCT-Practice Agreements?
A range of materials have been developed to help PCTs develop and implement PCT-Practice agreements. These include background information, guidance, case studies and PCT Practice progress.
2. Who needs to sign up to a PCT-Practice Agreement?
Every Practice whose GP clinical IT system is provided through a GPSoC Call Off Agreement needs to sign a PCT-Practice Agreement with its local PCT. Only PCTMS providers are exempt (as the provider is the PCT) from signing a PCT-Practice Agreement. GMS, PMS and APMS Contractors will need to sign the Agreement on behalf of their Practice.
3. What are the benefits of signing a PCT-Practice Agreement?
Practices will benefit from greater clarity about what a PCT is required to deliver in respect of IM&T and the service levels that they can expect the PCT to adhere to. PCTs will have a means of holding Practices to their obligations in respect of proper use and maintenance of IM&T services. This Agreement, once signed, introduces a formal dispute resolution procedure which either party can call on to resolve disputes relating to the IM&T matters set out in the PCT-Practice Agreement. This is a new provision which does not exist under current nGMS arrangements for IM&T.
4. What happens if a Practice does not sign up to the PCT-Practice Agreement?
If a Practice chooses not to sign the PCT-Practice Agreement, their GPSoC services will no longer be funded by NHS CFH under the GPSoC contractual arrangements. The Practice's GP clinical IT system will need to be funded locally, to the detriment of the local health economy.
5. What is the deadline for signing PCT-Practice Agreements?
We recognise that local circumstances will differ and so PCTs have been asked to agree deadlines for signature locally in consultation with their Strategic Health Authority. It is in the Practice's and PCT's interest to sign an Agreement as soon as possible to ensure that each party is clear about their obligations. Progress will be monitored using the Tracking Database.
6. What about Practices whose systems are provided by their Local Service Provider (LSP)?
Once the GPSoC PCT-Practice Agreement has been implemented successfully we will look to develop an equivalent agreement for Practices that use systems provided by their LSP.
7. Does a Contractor (GP) need to be regarded as a Health Service Body before signing up to the PCT-Practice Agreement?
No. However, if the Contractor wishes to use the NHS Litigation Authority (Appeal Unit) for dispute resolution then they will need to be a regarded as a Health Service Body (i.e. their GMS, PMS, APMS Contract will be an NHS contract) either;
a) at the time of signing the PCT-Practice Agreement (and that status must not have changed) or,
b) before the event that led to the dispute resolution procedure being invoked occurred (if at the time the PCT-Practice Agreement was signed the Contractor was not regarded as a Health Service Body).
Paragraph 4.6 of the GPSoC PCT-Practice Agreement Guidance provides more detail about dispute resolution using the NHS Litigation Authority or expert determination.
8. How does a Contractor come to be regarded as a Health Service Body?
GMS and PMS Contractors have the right to be regarded as a Health Service Body under regulation 10 (part 4, page 17) of the NHS (General Medical Services Contracts) Regulations 2004 as amended or regulation 9(part 4, page 16) of the NHS (Personal Medical Services Agreements) Regulations 2004 as amended.
APMS Contracts can only be NHS contracts if the legal entity holding the Contract already holds an NHS contract for other purposes or if it is one of those bodies detailed in section 9(4) of the National Health Service Act 2006.
Whenever the Contractor is regarded as being a Health Service Body its GMS Contract/PMS Agreement will be an NHS contract. Whenever the Contractor is not regarded as a Health Service Body its GMS Contract/PMS Agreement will not be an NHS contract. Note that only disputes involving an NHS contract can be referred to the NHSLA.
A Contractor is allowed to ask the PCT to change their status from, or to, that of being regarded as a Health Service Body at anytime, there is no limit on the number of changes that can be requested
The status of a GMS or PMS Contractor's existing contract/agreement can be varied at any time by the Contractor writing to the PCT as follows:
"Dear (CEO/Director of Primary Care)
Pursuant to EITHER regulation 10(4) of the NHS (General Medical Services Contracts) Regulations 2004 as amended OR regulation 9(4) of the NHS (Personal Medical Services Agreements) Regulations 2004 as amended (delete as appropriate) I/we wish to request a variation to my/our GMS Contract/PMS Agreement. I/We wish to be regarded as a Health Service Body and understand that our contract will be varied so that it becomes an NHS contract".
or,
"Dear (CEO/Director of Primary Care)
Pursuant to EITHER regulation 10(4) of the NHS (General Medical Services Contracts) Regulations 2004 as amended OR regulation 9(4) of the NHS (Personal Medical Services Agreements) Regulations 2004 as amended (delete as appropriate) I/we wish to request a variation to my/our GMS contract/PMS agreement. I/We no longer wish to be regarded as a Health Service Body and understand that our contract will be varied so that it is no longer an NHS contract."