In message <[log in to unmask]>, Dr Alan Hassey <[log in to unmask]> writes >Mary Hawking wrote: >> >> In message <[log in to unmask]>, Jon Rogers >> <[log in to unmask]> writes >> >Leonard Peter <[log in to unmask]> writes >> >>My FHSA says they have a right to allocate patients even if the live >> >>outside my area. I think this is wrong and unjust. >> > >> >I agree it is wrong, but re-reading the regulations it does appear it >> >MIGHT be legal... >> >> can anyone tell me if this one is legal? >> There are a small (but increasing) number of patients unacceptable to >> *any* practice in the area. The HA has decided (with,I think, the >> agreement of the LMC) to put these patients on a rota of two to four >> weeks, to different practices. Note,these patients are *not* allocated - >> so no practice can reject them - and immediate necessary treatment fees >> are paid for any services - avoiding the problem of where they are on >> the first day of the quarter. >> Are there any regulations covering this? >> Mary >> > >> >Para 16.(1) >> >"... shall assign him to and notify accordingly such a doctor as they >> >think fit, having regard to - >> > >> >a. the distance between the person's residence and the practice premises >> >of the doctors in the area; >> > >> >b. ...." >> > >> >The question is probably what is the definition of "area". If it is the >> >area of the FHSA, then that is v worrying, and not a little daft. If on >> >the other-hand it is the area of the practice, then you have clear >> >grounds to dispute it. >> > >> >In the definitions, the only mention of "area" is "practice area", >> >whereas "locality means the locality for which a committee (FPC?) is >> >established". > >Everey patient has a right to a GP. Where the patient will be rejected >by every practice (this has happened with 1 patient to us) then our HA >did just the same - pay whichever [practice sees him oin an emergency >fee basis for that consultation. Seems reasonable, and with the co-op >covering nights it's not a problem at night either... Does this raise another issue? We use a deputisng service - not a co-op - so some of the doctors will not be principals with any health authority. If there's a problem (and complaint) about the treatment given to a rota patient by a non principal, could the patient's lawyer sue the deputising service? *I* haven't got ..him/her.. on my list.. so I hope my practice couldn't be sued. This system would seem to ensure that these patients do *not* have a GP - legally.. Mary > -- Mary Hawking Kingsbury Court Surgery Church Street Dunstable Beds LU5 4RS tel:01582 601289 (home) 01582 663218 (surgery) fax:01582 476488 (surgery) %%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%