GPs and Locum Payments
Is it time to update your Partnership agreement?
If your GP partnership agreement dates from before April 2015 it would be worth having it checked to ensure it properly reflects recent changes to how suspension of GP partners is dealt with.
For a brief period between 2013 and 2015, an interim suspension order by the GMC had the effect of removing (i.e. not just suspending) the GP from the performers list, which prevented the GP from claiming payments under the NHS (Performers List) Regulations 2013. This was the case even though no case against the GP had yet been proven.
Following a Government consultation process such measures were deemed disproportionate and legislation was amended accordingly. Suspension by the GMC now only results in suspension (not removal) from the Performers List, allowing the GP to claim payments where his income drops below 90% of what it was previously to 'top it up' to the 90% level.
Assuming locum cover is deemed necessary (and naturally it is rare that it won't be), either the suspended GP can ultimately be responsible for the cost of the locum and obtain payment as above or alternatively the partnership can be responsible in which case the practice can receive payment under the Statement of Financial Entitlements (the SFE). However, to do so, the partnership must continue to pay a suspended GP at least 90% of their usual income. The reimbursement to the practice is capped at £1,131.74 a week. It is quite possible for locum costs to exceed this, so a claim under the SFE is uncertain and not wholly satisfactory.
Our recommendation is that the partnership agreement is be updated to obtain the best financial position overall, allowing the partnership to use a GP's drawings to pay for locum costs which then allows the GP to make a claim for payments. The undesirable alternative might be that the practice does not fully cover its locum costs, if at all.