Private practice for contractors working under General Medical Services (GMS) and Personal Medical Services (PMS) contracts is subject to strict regulations when it comes to NHS-registered patients. As outlined in Part 5, Regulation 24 of the National Health Service (General Medical Services Contracts) Regulations 2015, which also applies to PMS contracts, NHS-registered patients cannot be charged for medical care outside the prescribed conditions. This regulation ensures that NHS-funded services remain free at the point of access, protecting patients from extra charges within the NHS framework.
While GMS and PMS contracts do not explicitly prohibit contractors from taking on private patients, these private patients cannot also be registered with the NHS practice under the same contract. In other words, a patient cannot be both a private and NHS patient simultaneously within a practice operating under a GMS or PMS contract.
In addition, recent regulatory changes, specifically those introduced in October 2019, have placed further limitations on the ability of GP practices to offer private services. These regulations now explicitly forbid the provision or advertising of private services during NHS working hours or on NHS-funded premises if the service falls under primary medical care. Practices are no longer allowed to charge for or offer private medical services during NHS hours, nor can they do so on property that is funded by the NHS, if the services provided are part of primary medical care.
However, there are still opportunities for GMS and PMS contractors to provide private care within specific boundaries. Practices are permitted to charge non-registered patients for non-primary medical services (i.e., services that are not commissioned by the NHS). Additionally, private services can be offered to registered patients under strictly defined conditions, as outlined in the regulations.
These provisions ensure that while private services are possible within NHS practices, they must be clearly delineated from NHS services to maintain the integrity of the publicly funded healthcare system.
Where the Contractor proposes to provide private services in addition to primary medical services, to persons other than its patients the provision must take place: (a) outside of the hours the Contractor has agreed to provide primary medical services; and (b) on no part of any practice premises in respect of which the Board makes any payments pursuant to the National Health Service (General Medical Services -Premises Costs) Directions 2013 save where the private services are those specified in clause 19.1.2B
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