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What are the restrictions on seeing private patients in NHS practices?

There are restrictions on private practice for GMS and PMS contractors. The contract legislation dictates you cannot see your own registered patients (GMS or PMS) privately, but you may see patients registered at other practices for private services.

How can I see NHS patients privately?

Many NHS GP surgeries charge for services not available on the NHS - known as ‘non-NHS’ or ‘non-GMS’ - for example, cosmetic procedures.

This is allowed, on the basis that you do not see your own registered patients.

NHS GPs may also setup separate companies to deliver private services.

This is legal, although private services available to patients under the GMS contract should not be delivered from NHS funded property or during NHS working time.

Do

Seek guidance from LMC or GPC if you want to provide private services to patients via private companies

Issue private prescriptions to patients who aren't on the NHS list for prescriptions

Consider offering private referrals where appropriate (and following a discussion with the patient)

Charge non-registered patients for delivering non-GMS services

Setup separate company for delivering private services

Don't

Advertise private primary medical services to anyone during NHS working time and on NHS funded property

Charge your registered patients for supplying a private service

Charge NHS patients for prescriptions or issue NHS prescriptions to private patients

What are the restrictions?

The restrictions on seeing private patients in NHS practices are outlined in the 2015 National Health Service Regulations.

These state that a contractor must not, either itself or through any other person, demand or accept from any of its patients a fee or other remuneration for its own benefit or for the benefit of another person.

This is in respect of the provision of any treatment, whether under the contract or otherwise; or a prescription or repeatable prescription for any drug, medicine or appliance.

It is key to note that this doesn’t affect the ability for the practice to charge non-registered patients for services which are not NHS commissioned or to charge their own patients in limited circumstances.  

The BMA say:

“GP practices are private businesses and can enter into commercial contracts with other businesses and provide services privately, but only to an extent that is not prohibited by the GMS contract.”

What about NHS patients seeing private GPs?

NHS patients are also free to pay for private care alongside NHS treatment.

For example, some patients may wish to consult with a private GP and then receive diagnostic tests on the NHS for free of charge.

This referral back into the NHS can come from a private GP and they are still entitled to the same NHS services as any other patient but it should be clear if the patient is having private or NHS care.

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