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PART 12 FEES AND CHARGES44

12.1

The Contractor shall not, either itself or through any other person, demand or accept from any Patient of its a fee or other remuneration for its own or another’s benefit:

12.1.1

for the provision of any treatment under the Contract, or

12.1.2

for any prescription or repeat prescription for any drug, medicine or Appliance in connection with that treatment.

12.2

Where a person applies to the Contractor for the provision of Services and claims to be entitled to be treated by the Contractor without paying a fee or other remuneration and the Contractor has reasonable doubts about that person’s claim, the Contractor shall give any necessary treatment and shall be entitled to demand and accept a reasonable fee subject to the provision for repayment contained in Clause 12.3.

12.3

Where a person from whom the Contractor received a fee applies to the PCT for a refund within fourteen (14) days of payment of the fee (or such longer period not exceeding a month as the PCT may allow if it is satisfied that the failure to apply within fourteen (14) days was reasonable) and the PCT is satisfied that the person was entitled to be treated by the Contractor without paying a fee or other remuneration when the treatment was given, the PCT may recover the amount of the fee from the Contractor, by set off or otherwise, and shall pay that amount to the person who paid the fee.

12.4

In the provision of the Services, the Contractor shall:

12.4.1

provide information to the Patients regarding other services it provides (other than under the Contract) only where appropriate and shall ensure that such information is fair and accurate, and

12.4.2

where the other services are available to the Patient as part of the health service established pursuant to section 1 of the Act, inform the Patient:

(a)

that the services are so available;

(b)

of any charge that apply to that health service and, if no such charge applies, that the service is free; and

(c)

how to access those health services.

44 Clauses 12.1 to 12.4 (but not 12.5) are required by APMS Direction 8.

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