UK: A court of appeal has ruled that the National Health Service and private dental treatments can be combined for a single tooth with patient’s consent, setting guidelines for comprehensive treatment options.
The verdict has been reached in the case of the General Dental Council (GDC) concerning the amalgamation of NHS and private dental treatments. The court of appeal has established that, given specific circumstances and the patient's informed consent, it is acceptable to combine NHS and private treatment for a single tooth. This ruling provides clarity on the matter, confirming that the mixing of treatments is not prohibited by Regulation 22 and paragraph 10 of Schedule 3 to the NHS (General Dental Services Contracts) Regulations 2005 and the NHS (Dental Charges) Regulations 2005.
Following the judgment, NHS England has issued year-end guidance for the reconciliation of GDS/PDS contracts for the period of 2022/23. In order to offer support to dental practices and ensure continued access for patients, NHS England has decided to forgo its usual right to financial recovery, which typically stands at a contract tolerance level of 96 percent. Instead, a lower performance tolerance of 90 pc has been implemented for contractors who provide mandatory services. This adjustment acknowledges the impact of pandemic-related factors on practice capacity during the early stages of 2022/23.
Although the recent ruling permits the mixing of NHS and private treatment in certain situations, it does not modify the fundamental principle that patients should primarily receive clinically necessary treatment through NHS dental services. Determinations regarding the appropriateness of treatment should continue to be based on clinical assessment and professional judgment. Dentists bear the responsibility of openly communicating with patients about the services accessible under the NHS, enabling them to make well-informed decisions regarding private dental treatment.
The Department of Health and Social Care, NHS England, and the Chief Dental Officer for England are currently reviewing the implications of this judgment. They will assess existing guidance and regulations related to dental care charges in response to this case. Once the review is complete, a further statement will be issued, which may include proposed changes to existing regulations and guidance.
Dental teams are encouraged to consider the implications of this judgment on their practices and stay updated on any updates or changes resulting from the ongoing review conducted by the relevant authorities.