Index. Working Together, Makes Physiotherapy Work YourPhysioPlan.com. Company Number Registered in England and Wales

Transcription

1 Index Explanation of terms used in the rules Member of YourPhysioPlan General Professional Standards Use of Registration facilities Administration Services Services provided to member's patients A Member's obligation Buying and selling YourPhysioPlan Goodwill Quality Assurance Protecting the reputation of YourPhysioPlan Legal Liability Termination and Suspension of Membership and Payments and matters following termination 13. YourPhysioPlan professional review committee 14. Resolution of disputes 15. Terms for the use of trademarks by members Commencement of these Rules and other Provisions Working Together, Makes Physiotherapy Work YourPhysioPlan.com Company Number Registered in England and Wales

2 1. Explanation of terms used in the rules ' i. YourPhysioPlan' refers to YourPhysioPlan Limited and proprietary health schemes known by that name which are owned and managed by YourPhysioPlan Limite Member' means the Practice Principal who is accredited to YourPhysioPlan An 'eligible person' is a former member or, in the case of a former member who has died, a person lawfully acting on the late member's business of Physiotherapy. Contract' means a YourPhysioPlan contract and any document 'prescribed' if it is in the form currently supplied by YourPhysioPlan at the time of its us A 'registration facility' is a list of patients with whom you are providing therapy for in line with their chosen YourPhysioPlan, which YourPhysioPlan administers on your behal Registered Patients' are patients listed on a registration facility. The PRC (Professional Review Committee) is the independent committee that decides issues brought to its attention under these rules. The CSP refers to the Chartered Society of Physiotherapy The HCPC refers to the Health and Care Professional C0uncil 2. Member of YourPhysioPlan Membership of YourPhysioPlan is open to Chartered Physiotherapists who are legally entitled to practice in the British Isles. Members who wish to register patients onto YourPhysioPlan whilst practicing abroad require written permission from YourPhysioPlan. An application for membership must be made on the prescribed application form and accompanied by payment of the current membership fee and completion of the YourPhysioPlan pre-accreditation self audit. YourPhysioPlan reserves the right to refuse membership Once YourPhysioPlan has granted membership, the member will be entitled to the privileges of membership and will be bound by the Rules. Continued membership is subject to the payment of YourPhysioPlan's charges in respect of contracts under a registration facility allocated to him/her. 3. General Professional Standards An accredited Physiotherapist of YourPhysioPlan shall; Uphold the best standards of the Physiotherapy profession. Give priority to the wellbeing of his/her patients Conduct every aspect of his/her practice and professional life honestly and fairly Keep abreast of advances in Physiotherapy's knowledge and techniques and ensure that (s)he participates in post graduate education to the required standard If a practice owner, ensure the clinic is furnished and equipped so that patients may be treated there according to the current state of physiotherapy knowledge and techniques Ensure that all professional and other persons, for whom the member is responsible, are trained as to ensure their competence and efficiency 4. Use of registration Facilities Every member is entitled to one or more registration facilities (fee applicable). Use is confined to the registration of patients whose goodwill the member owns or where the goodwill is owned by a limited company and the dentist is an authorised signatory The member must advise YourPhysioPlan in writing of the names and CSP and HCPC numbers of nonmember Physiotherapists who may treat YourPhysioPlan patients and also notify YourPhysioPlan of any changes to these arrangements.

3 5. Administration services I. The following payment handling services are handles by YourPhysioPlan: Ÿ Maintenance of a database containing details of the members registered patients Ÿ Collection from registered patients on the accredited clinic's behalf of capitation fees Ÿ Provision of regular monthly reports detailing registrations and capitations transactions carried out on the member's behalf Ÿ Remittance of money held by YourPhysioPlan due to the member Ÿ Provision of notices on the member's behalf to registered patients concerning changes in capitation fees and any other administrative matters Where YourPhysioPlan collects charges and fees and gives notices as above, it acts as the member's agent and is deemed to have all necessary authority for that purpose To ensure the orderly provision of the above services, a member must not collect initial registration charges or capitation fees directly from a patient other than through YourPhysioPlan's agency YourPhysioPlan will notify the member to cease service fulfillment in the event of a failed direct debit payment. Services over and above those listed above and detailed in this Rule may incur an additional charge for example participating in a mentoring programme, mailings, some items of stock YourPhysioPlan is entitled to recover any funds incorrectly paid to a member Physiotherapist (this includes BACS indemnity fees that banks may request) The member must give written instructions to YourPhysioPlan concerning the remittance of funds due Where YourPhysioPlan complies with a member's written instruction to remit funds to the account of a person who is not a member, YourPhysioPlan has no duty to enquire whether that person is entitled to the funds and bears no liability if that person is not entitled Where YourPhysioPlan has reasonable evidence to suggest that a member is not providing sufficient care and treatment in accordance with these Rules, YourPhysioPlan reserves the right to withhold funds and refund to patients if appropriat 6. Services provided to Member's patients YourPhysioPlan provides an 'Helpline' service to assist member's registered patients to obtain advice and treatment in musculoskeletal emergency situations when they are away from home and unable to utilise their regular physiotherapist On line generic advice and exercise programmes to promote member's registered patients self help and management. 7. A member's obligation It is a member's duty to perform all the obligations of the termss of each patient's payment plan that is registered at their clinic A member who delegates the performance of his/her obligations to another Physiotherapist must ensure that the Physiotherapist is registered with the CSP and HCPC and that (s)he has appropriate indemnity cover. Delegation of responsibility does not relieve a member, including corporate bodies, of their responsibilities and they must do whatever is necessary to supervise delegated performanc This includes spending sufficient time at the premises where such performance is carried out (except during reasonable holidays or when prevented by accident, illness or other unavoidable cause) It is a member's responsibility to understand and explain to patients the terms of contract between them YourPhysioPlan members shall make reasonable provision for the continuing care and treatment of registered patients outside their normal clinic hours and during holidays, sickness or other absence and advise registered patients accordingly. Members must not utilise YourPhysioPlan's Helpline as their means of emergency cover without prior, written approval of YourPhysioPlan.

4 I. j. A member must take reasonable steps to contact a patient if (s)he has not attended for a routine appointment In case of a dispute with a patient, a member must offer his/her owns complaints handling service and, should (s)he not be able to resolve the dispute, co-operate with YourPhysioPlan's complaints handling service and arbitration process It is the member's responsibility to check any monthly report prepared by YourPhysioPlan and to inform YourPhysioPlan (within 60 days of receipt) of any inaccuracies so that YourPhysioPlan may investigate and make any necessary adjustments A member must inform YourPhysioPlan immediately if (s)he is, or has been, the subject of a CSP or HCPC enquiry or suspended or removed from either register A member must advise YourPhysioPlan immediately of any criminal or civil proceedings that could adversely affect the reputation of YourPhysioPlan or the profession In the event of a patient death, a member must refund payments made via YourPhysioPlan following the date of that death 8. Buying and selling YourPhysioPlan Goodwill A member relinquishing or acquiring goodwill of any patients in respect of whom contracts are registered under these Rules must: Ÿ Wherever reasonably possible, give YourPhysioPlan at least six weeks' notice of these intentions so that YourPhysioPlan is able to provide appropriate advice and guidance Ÿ Ensure the continuity of arrangements for the patients' physiotherapy care Ÿ Provide all registered patients with not less than two months' written notice when ending their contracts, ensuring the completion of all outstanding treatment during this time Ÿ Where goodwill of YourPhysioPlan is purchased by a Limited Company, ensure that written notification is provided to YourPhysioPlan and all registered patients and participate with YourPhysioPlan in the re-registration of patients to the Limited Company Ÿ Ensure that they read and understand the guidance notes and take all reasonable steps to satisfy themselves of the musculoskeletal health of patients YourPhysioPlan accepts no liability for the transfer of goodwill in YourPhysioPlan patients or their clinical condition. 9. Quality Assurance Members must participate in YourPhysioPlan's Quality Programme and other programmes with the objective of promoting the provision of preventative musculoskeletal care and treatment of the highest standard, including any mentoring arrangements proposed by YourPhysioPlan. Members must co-operate fully with YourPhysioPlan in connection with any assessment of their practic 10. Protection the reputation of YourPhysioPlan Members of YourPhysioPlan are permitted to use the name YourPhysioPlan and associated logos only in strict accordance with the terms of that permission (see Rule 15) Members must not use any form, literature or promotional materials prepared or issued by YourPhysioPlan for any purpose not directly connected with the use of YourPhysioPlan's services, including any form of e-commerc Members must not indicate that any scheme or plan fro the provision of dental care is in any way connected with YourPhysioPlan if it is not so Members should at all times conduct themselves in a professional manner so as not to harm the reputation of YourPhysioPlan, other members, any subsidiaries of YourPhysioPlan.

5 11. Legal Liability Members must at all times maintain membership of a recognised indemnity provider, evidence of which must be provided to YourPhysioPlan on request. Members must advise YourPhysioPlan if they change their provider. Members must indemnify YourPhysioPlan against all liability, loss, damage, costs and expenses (including legal costs and expenses) awarded against, or incurred or paid by, YourPhysioPlan as a result of, or in connection with, any negligence, breach of contract or breach of statutory duty in the conduct of their practice by the member or by any person for whom the member is responsible YourPhysioPlan is not liable for the clinical care of patients 12. Termination and Suspension of Membership and Payments and Matters following termination Either YourPhysioPlan or a member may end membership by giving three month's notice to the other party in writing, allowing the requisite two month's notice to be given to registered patients as appropriate Resignation will not prevent the PRC from considering a complaint referred to it When becoming a member you agree to comply and co-operate with PRC proceedings even after resignation YourPhysioPlan may terminate, without notice, the membership of a member: Who proposes to enter into a voluntary arrangement with their creditors Who has a bankruptcy petition or a bankruptcy order made against them (or in Scotland becomes notour bankrupt or is sequestrated) Whose conduct is deemed by YourPhysioPlan to have brought the Company or the Physiotherapy profession into disrepute Who is convicted of a criminal offence Where YourPhysioPlan reasonably suspects that a member has committed a breach of these rules that jeopardises the health or safety of patients Who is suspended or erased by the CSP or HCPC If it reasonably appears to YourPhysioPlan that the member has ceased, or is about to cease, the practice of Physiotherapy Who, when afforded reasonable opportunity to do so, fails to comply with the requirements of YourPhysioPlan's Quality Programme Who does not declare current or previous CSP or HCPC disciplinary proceedings or actions against him/her Members who object to termination under terms 12d may have the matter referred to the PRC. The objection must be made within 3 months of termination and the termination shall remain effective until the PRC's decision YourPhysioPlan may refuse to collect fees on a member's behalf during a period of suspension by the CSP or HCPC and will advise the member in writing of any such decision Termination of membership does not relieve a member, or his/her estate, from their obligations to patients On termination of membership a former member, or member's estate, must give two months' written notice to registered patients before ending their contracts YourPhysioPlan reserves the right to cease provision of benefits of membership and services upon termination of membership I. In the interests of continuing care, Your Physio Plan reserves the right to communicate directly with a former member's patients.

6 13. YourPhysioPlan Professional Review Committee YourPhysioPlan will maintain the PRC and ensure that its proceedings are conducted independently of YourPhysioPlan and in accordance with the Rules Where it appeals to YourPhysioPlan that a member is in breach of these Rules, the matter may be referred to the Committe The member will be afforded an opportunity to defend him/her self and to justify or explain conduct. All other cases may proceed on the basis of written evidence alone Only in a meeting of three or more PRC members, including at least one lay person, may the PRC make a final determination The PRC's determination and direction is final and binding on Your Physio Plan and member Where the PRC considers it to be in the public interest to inform the CSP and HCPC, the police or other proper authority of any matter that it has considered, it will do so. It will then be for the authority concerned to take such action as it considers appropriat 14. Resolution of Disputes 8. Any dispute between YourPhysioPlan and a member in relation to these Rules shall be referred to arbitration by a single arbitrator. If the parties are unable to agree on an arbitrator within 14 das of agreement being sought, either of them may apply to the Chair Person of the PRC to appoint an arbitrator. Any issue which may be, is or has been, referred to the PRC is not a dispute between YourPhysioPlan and a member for the purpose of this Rul Terms for the use of YourPhysioPlan Trademarks by members YourPhysioPlan and any related YourPhysioPlan images are each individual trademarks of YourPhysioPlan Limite Members are permitted to use the name YourPhysioPlan and image in strict accordance with the following terms: The name YourPhysioPlan and image must be legible at all times and may be used at permitted set sizes and should appear as a full colour image where possibl Where black and white is required, an image is available and must be printed only in the colours specifie A member may not use the marks as part of any business, practice, partnership or firm name or as part of any corporate title The mark may be used only on professional or business stationary, practice literature or advertisements, signs relating to his or her practice and then only to indicate the member's connection with YourPhysioPlan. YourPhysioPlan may ask a member to submit examples of all materials on which the marks appear to confirm complianc If the member fails to do so or, in cases of non-compliance, YourPhysioPlan Limited may withdraw its permission to use the marks. Former members and those who have had the permission to use the mark withdrawn must cease to use the mark immediately. Persons with whom he or she is associated or connected must cease immediately to use the marks or any variant of them in any manner. Additionally, they should not allege that any rights in the marks have been acquired by the member or any person whom he or she is associated or connected 15. Commencement of these Rules and other provisions These Rules come into force on the 1st October 2013 st From the 1 October 2013 these Rules will govern the membership of YourPhysioPlan YourPhysioPlan reserves the right to very these Rules and will endeavour to provide three month's written notice, however, failure to do so will not invalidate the variation Any notice by YourPhysioPlan is sufficiently given if sent by pre-paid post addressed to a member at his or her last know address The law applying to these Rules is the law of England and Wales