A Common Mistake
Predatory Pharmacy Applications are not only a threat to the viability of Dispensing Doctor Practices but they are also a great cause of angst amongst Dispensing Practice staff.
It has been reported to us that on several occasions, in the past and once more recently, some dispensing practices have fallen into a trap.
We will straightaway say these dispensing practices have not been advised by Dispex or Surelines and indeed for whatever reason have chosen to fight their battle themselves without our advice.
It has been reported to us that on several occasions, in the past and once more recently, some dispensing practices have fallen into a trap.
We will straightaway say these dispensing practices have not been advised by Dispex or Surelines and indeed for whatever reason have chosen to fight their battle themselves without our advice.
The scenario is that the PCT makes a determination that the predatory pharmacy application is neither necessary nor expedient along with other determinations regarding rurality, reserved location and prejudice. The Practice WRONGLY thinks all is safe and that it will deal with any appeal only when it comes.
The Practice is then informed of the appeal made by the predator pharmacy applicant to the Litigation Authority (L.A.) against the decision that the pharmacy was neither necessary nor expedient (desirable).
This notification by the L.A. will take place after the 30 days allowed for an appeal. Too late the practice realises it should have appealed immediately against an adverse decision regarding rurality, reserved location or prejudice.
It only costs a few hundred pounds for Surelines to put in a relevant provisional appeal which can then be withdrawn if there is no appeal from the predator.
Obviously then if there is an appeal from the predator then all the appeals can be fought.
We cannot over emphasise the importance of rurality and reserved location. We have an outstanding track record fighting rurality cases.
A few test cases have shown that a PCT determination that a site is not a reserved location by a small margin of patients can be successfully overcome on appeal to the Litigation Authority e.g. SHA 15741 July 2010.
Practices should always consider the price of failure if they attempt to cut corners by doing the appeal to the PCT and litigation authority and work themselves.
Practices should always consider the price of failure if they attempt to cut corners by doing the appeal to the PCT and litigation authority and work themselves.
Email enquiries@surelines.com for further details.
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