Wholesale retailer Costco could be forced to reconsider how it provides general ophthalmic services (GOS) after it lost an appeal against the refusal of its application to join the list of Milton Keynes PCT.
'Costco is considering its options in the light of last Tuesday's High Court decision,' said Costco's director Nick Deeks. Milton Keynes PCT declined to comment on the outcome of the appeal.
The judgement could have further implications for Costco, which has been providing GOS in the UK since 1994. Costco has practices on the ophthalmic lists of 16 other PCTs. A spokesperson from West Hertfordshire PCT, where Costco provides GOS from its Watford warehouse, said: 'We have looked carefully at the decision of the Appeals Authority and will discuss with Costco the implications and interpretation of Regulation 13. Following this discussion a decision will be made on how we move forward.'
The judgement at the Royal Courts of Justice on February 19 found that in providing GOS, Costco would be in contravention of regulation 13A of the Health and Social Care Act 2001 in not being open to all individuals. Costco only allows members, who pay a £25 annual fee, and their guests to shop at its premises.
When Costco's November 2005 application for a licence to provide GOS in Milton Keynes was rejected, the retailer appealed to the Family Health Service Appeal Authority which ruled in favour of the PCT's decision on April 18 2006. Costco appealed against the decision to the High Court.
Before the ruling last week, there were concerns that to have allowed Costco's appeal would have created a precedent for contractors to make a non-NHS charge prior to acceptance for treatment.