Under NHS regulations, a General Medical Services (GMS) contract holder has the option to be classified as an NHS Body. However, this status has significant implications, particularly concerning dispute resolution.
If a GMS contract holder elects to be an NHS Body, any contractual disputes that arise can only be resolved through the NHS dispute resolution process. This means that the contract holder is restricted to resolving conflicts via NHS England’s internal mechanisms, limiting their ability to seek independent legal recourse.
In contrast, if a GMS contract holder chooses not to be classified as an NHS Body, they retain greater flexibility in handling disputes. In such cases, they may opt to resolve disagreements either through the NHS dispute resolution process or by pursuing legal action through the civil courts. This broader range of options can provide additional legal protections and strategic advantages when dealing with contractual matters.
A GMS contract holder has the opportunity to review and change their NHS Body status annually upon contract renewal. Additionally, at any point during the contract term, a contract holder may submit a written request to NHS England to either:
Such a request constitutes a contractual variation and must be approved by NHS England before taking effect.
Doncaster LMC strongly advises contract holders to opt out of being classified as an NHS Body. By doing so, contract holders retain the flexibility to choose the most appropriate dispute resolution route, including the option to take legal action if necessary.
For further advice or support regarding contract status and dispute resolution, please contact Doncaster LMC.