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«Payments Online Guidance Part of the NHS Business Services Authority Supporting the NHS, supplying the NHS, protecting the NHS Date 01 April 2015 1 ...»

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 Re-display the contract, select Update Contract.

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 Save the change and get it authorised by a colleague. DO NOT make the contract Inactive Date 01 April 2015 46 Payments Online Guidance Issue: 9 Amendment 0

21. 24 hour retirement We have received guidance from the NHSBSA Pensions Division in respect of retirement and have been informed that the one months’ break is no longer applicable. The guidance issued by the Pensions Division is as follows:From time to time there is a need for the Pensions Division to update NHS Pension Scheme literature such as the Practitioner Booklet and 'Booklet R' (the post-retirement booklet).

The Pensions Division has recently updated its literature to take account of tax A-day etc however whilst doing so they sought guidance from the Department of Health in respect of the one months’ post-retirement break and its effect upon Practitioners. The Department of Health confirmed that subject to the Practitioner remaining under an aggregate of 16 hours a week in NHS employment in the first month of retirement their annual pension will not be affected.

Previously we had advised that, in their own interests, Dental and Medical Practitioners should make a clear commitment that they are reducing their hours in the first month by taking a break in NHS employment. This action would avoid the risk of their annual pension being suspended by our paying agents. The main reason for this advice was that the majority of Practitioners were self-employed contractors who worked fluctuating hours and were directly contracted under a fee based arrangement (and not formally employed) by the Primary Care Trust (in England) or Local Health Board (in Wales).

However with the introduction of the new GP Contract, where the PCT/LHB enters into a contract with the Practice and not specific GPs and with the growing number of salaried GPs who do work fixed hours, we believed it is appropriate, and fair to the GP profession, that for as long as they can prove that they remain under an aggregate of 16 hours a week in the first month, their NHS annual pension would not be affected. As the term 'Practitioner' cover GDPs as well as GPs then GDPs are also covered by this rule.

It should be noted that the 16 hours a week rule only applies to NHS work that a GDP may perform in the first month. Private work is disregarded and Dental Locum work is not pensionable so therefore does not count towards the 16 hours. However, a dentist who is formally employed as a Locum by a NHS body is subject to the 16 hour rule.

The 'one day' retirement still applies for now but the Pensions Division are also seeking guidance in respect of this. They do intend to issue a Newsletter in the future to clarify this and other general retirement-related issues.

21.1. Single-handed Provider/Performer retiring Close the existing Provider contract (refer to section 2) and then open a new contract showing a Start Date of 2 days later.

21.2. Performer only retiring Close the Performer’s part of the existing contract (refer to section 2) and then add them again to the same contract with a Start Date of 2 days later

21.3. Provider retiring with other Performers attached to the contract Where there is a Provider retiring with Performers attached to their contract, there is no option but to close the contract and re-open a new one 2 days later. This means that the Performers cannot work either during the period in-between closing one contract and opening the next, so the practice will have to consider this when making the arrangements.

21.4. New contract number Where the retirement comes under paragraph 21.1 or 21.3, a new contract number will be issued to the Provider. The practice should stop using any existing Provider contract number/stamp to prevent their claims having processing problems. A new one can be provided on request.

21.5. Patient Charges When a contract changes, regardless of whether it is the same Provider the contract number changes to show a new contract tag. The patient’s contract is with the provider so if the contract terminates so does the patient’s contract. If the patient’s treatment spans the transition it will effectively be two courses of treatment with two separate patient charges.

Date 01 April 2015 47 Payments Online Guidance Issue: 9 Amendment 0 When a change like this takes place, the practice should give the Health Body at least 3 months notice of there intention to take 24 hour retirement and complete all open courses of treatment before the original contract closes.

21.6. Contracted Activity If the Provider is taking 24 hour retirement part way through a financial year, the contracted activity on the closing contract and the new contract will need to be pro-ratered to reflect the part year.

Date 01 April 2015 48 Payments Online Guidance Issue: 9 Amendment 0

22. Contract is becoming a Partnership, Ltd Company or Dental Body Corporate When a contract changes regardless of whether it is ultimately the same dental practice the contract has to close and the Provider number has to change. If you agree to contract with the new Partnership, Ltd Company or Body Corporate, you will need to e-mail nhsbsa.dentalservices@nhsbsa.nhs.uk for a new Provider number (unless it already exists), the Helpdesk will require the Company or Partnership name, the date on which it will start and the location id of the practice to do this, together with the following information;

Provider’s Legal Status or Company Type – ‘Limited Company’ (LC) ‘Limited Liability Partnership’ (LLP), ‘Partnership’, ‘Proprietor’ or ‘Trust’.

If the company type is an LLP or LC then the company’s name and number (plus the parent company if appropriate), should also be provided.

All company types require at least one dentist to be present on their board: the personal numbers of up to 5 of these ‘responsible dentists’ will be needed to be recorded.

The Helpdesk will then create the Provider number for you which will always start with a number 1 (to identify that it is an organisation rather than an individual) and e-mail it to you. Use this 1 series number to create a provider contract and attach all dentists to the contract as performers.

The patient’s contract is with the provider so if the contract terminates so does the patient’s contract. If the patient's treatment spans the transition it will effectively be 2 courses of treatment with 2 separate patient charges.

When a change like this takes place the practice should give you notice of their intention to change and complete all open courses of treatment before the original contract closes, but it is appreciated that this is not always possible The only way around this is to submit any courses of treatment started under the old contract number regardless of whether the treatment was completed after the old contract closed; our validation process will allow the claim to be processed as long as the date of acceptance is prior to the contract closure. Any courses of treatment started on or after the start of the new contract should be submitted under the new contract number.

Obviously any cases submitted under the old number will need PCR to be deducted, so you will need to e-mail nhsbsa.dentalservices@nhsbsa.nhs.uk and request that the PCR is netted off of the new contract number.

It is also worth noting that the patients entitlement to free repairs/replacements and continuation (further treatment within two months) are also lost when the contract changes, however if the Health Body and Provider agree to honour this, please contact your Customer Liaison Manager at the Dental Service Division or e-mail nhsbsa.dentalservices@nhsbsa.nhs.uk

22.1. Contracted Activity If the contract is changing part way through a financial year, the contracted activity on the closing contract and the new contract will need to be pro-ratered to reflect the part year.

If this change takes place at the end of a financial year, and the original contract has underperformed, you cannot enter carry forward activity on the new contract if it was not open in the previous financial year, therefore any carry forward activity will need to be included in the contracted activity for the new contract.

23. Contract transferring from PDS to GDS The PDS Regulations make provision for any contractor who is providing mandatory services to be able to transfer to a GDS contract, subject to giving the Health Body at least 3 months’ notice in writing Date 01 April 2015 49 Payments Online Guidance Issue: 9 Amendment 0 of the date on which s/he wishes the transfer to take effect (see Regulation 21 (2) for details of the information the notice must contain).

The Health Body must acknowledge receipt of the notice requesting the transfer within 7 days. It must also agree the transfer, provided the contractor is eligible, and issue a new GDS contract. The new

GDS contract must:

 commence immediately after the termination of the PDS agreement  be for the same services  be open ended  be at a contract value agreed by both parties  unless both parties agree otherwise.

In terms of the practicalities of accomplishing the transfer, this is not a variation - the PCT must terminate the old PDS agreement and open a new GDS contract. This should be done “back to back” on a mutually agreed date to ensure continuity of patient care (see paragraph 5 below).

23.1. Action by PCT in Payments Online Although you must close the old agreement and start a new contract, NHS Dental Services need to handle the transfer differently. This is because, under the Regulations, a contractor must ensure that no patient pays twice for the same course of treatment. Therefore, you will simply need to amend the details on POL to record the changeover from PDS to GDS and the new contract value (if appropriate).

To make this change use the ‘Update Contract’ facility to change the radio button from PDS to GDS and Save the change.

This will then need to be authorised by a second user through ‘Queue Processing’.

This change cannot take place in the middle of a processing cycle so will therefore need to take place th before the 11 or after the 23rd of the month.

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Date 01 April 2015 51 Payments Online Guidance Issue: 9 Amendment 0

24.1. Performer details screen The setting of a Performer’s Status is automated within the POL System. No manual updates will be allowed.

The range of status are as follows;

 New Performer – Newly created performer not yet added to a GDS or PDS contract  Current GDS/PDS – Performer currently working on a GDS and/or PDS Contract  Retired – Performer has taken retirement and is no longer active on any contracts. “Retired” performers can be added to a later contract provided there is gap of at least 24 hours, the status will then automatically change to “Current GDS/PDS”  Deceased - Performer has died  Ceased Practicing GDS/PDS – Performer is no longer active on any GDS or PDS Contracts.

This will not prevent the performer being added to a contract, when this happens the status will automatically change to “Current GDS/PDS”.

On creation of a new performer, the status will be set to “New Performer”, unless a Date of Retirement is entered when it will be set to “Retired” from day after Date of Retirement, or a Date of Death is entered when it will be set to “Deceased” from day after Date of Death.

If a performer has only worked on a trust contract their Practitioner Status will not be updated to “Current GDS/PDS” or “Ceased Practicing” GDS/PDS but will remain as New Performer.

If the practitioner’s status is “Ceased Practicing GDS/PDS” or “Retired”, the Performer Update page will allow NHS Dental Services and/or the Performer’s home Health Body users to optionally apply one

of the following:

 Removed – NHS Erasure  Removed – GDC Erasure  Removed – National Disqualification  Suspended – from GDC Register  Suspended – from Performer List If one of these is selected, the user will also have to enter the date on which the removal or suspension took effect. When one of these situations no longer applies, the user will be able to remove it and enter the date the dentist was re-instated. While the additional status is present, it is not possible to add the performer to a contract.

The performers status history will be removed from the Performer Details page, only the current status will be displayed on this page. All status history can be viewed via Performer History page.

NB. Performer Status does not represent a performer on 'The Performer List’ as POL has no concept of 'The Performer List'.

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To record a Statutory Levy against all of your GDS contracts you can choose either a percentage Levy

or a Fixed Levy as detailed below:

Percentage Levy (via Levies functionality) - deducted as a specified percentage of the monthly contract value, deductions attributed to each performer on the contract as a percentage of their gross earnings.

Fixed Levy (via Levies functionality) – The fixed levy functionality will collect a specified amount per month. As an example, if the fixed amount is £5000, the system will calculate what percentage £5000 is of the Total Contract Values for the Area Team in that month, and apply this percentage as a deduction per contract. It will be attributed across performers based on their earnings. Therefore regardless of whether contract values increase or decrease each month the amount of levies collected will always be fixed at £5000 If you wish to deduct a fixed amount per contract you cannot use this levy functionality and will have to record individual adjustments under code SNL –Statutory Levy, and you will need to calculate how much to deduct from the contract.

If a Provider and/or Performer wishes to pay a voluntary levy, the amounts will have to be recorded as individual adjustments under adjustment code VLV – Voluntary Levy Details of how to record an adjustment are in Section 14 of the Payments Online Guidance Manual.

25.1. Percentage Levy  Choose the levies option from the left hand menu and select the create option.

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