Immediate Termination Grounds
Contract termination is rare but permitted in specific circumstances:
- Breach of partnership registration requirements (one partner must be on GP register)
- Untrue information in the contract application
- Contractor disqualification (criminal offense, bankruptcy, removal from performers list)
- Unlawful subcontracting
- Serious risk to patient safety if contract continues
- Contractor’s financial situation risking material loss to commissioners
Dispute Resolution
Disputes under PMS agreements may be directed to the First-tier Tribunal for specific matters including:
- Termination based on provision of untrue information
- Termination on fitness grounds (determining whether a person falls within disqualification criteria)
Charging Restrictions Under PMS Agreements
PMS contractors face strict rules on what they can charge patients. Under Regulation 24 (which applies equally to GMS, PMS, and APMS contracts), contractors cannot charge for:
- Provision of any treatment (even if not covered by the contract)
- Prescriptions for drugs, medicines, or appliances
- Debt and Mental Health Evidence Forms (DMHEF)
- Specific medical certificates (incapacity for work, stillbirth registration, council tax exemption for severe mental impairment)
Permitted charges include (under Regulation 25):
- Services for statutory bodies (e.g., invoicing ICBs for safeguarding work)
- Examinations for schools, employers, or insurance companies
- Travel vaccinations not covered by the contract
- Medical examinations for road traffic accidents (fee: £21.30)
- Reports for compensation claims