Watchdog gets tough on failure to display fee and other transparency data
By Robin Stride
The competition watchdog this week warned private consultants could end up in court if they drag their feet over the supply of fee transparency data.
In an open letter spelling out enforcement action to doctors and independent hospitals, the Competition and Markets Authority (CMA) said all the most active consultants had submitted the information required under the Private Healthcare Market Investigation Order 2014 to the Private Healthcare Information Network (PHIN).
These are specialists who have reported at least 100 admissions a year to the data-gathering and publishing body.
David Stewart
David Stewart, CMA executive director of markets, remedies and regulation, wrote:
‘As with hospitals, this work is ongoing and we are now engaging with consultants that carry out fewer than 100 episodes per year. While it is reassuring that on receiving contact from the CMA, many hospitals and consultants are remedying these breaches, both groups are well aware of the legal responsibility to comply with the Order.
Take immediate action
‘It remains a concern that these businesses and individuals do not comply with their legal requirements in the absence of a specific threat of public enforcement. The CMA expects all hospitals and consultants that are not compliant to take immediate action to end breaches of the Order by logging in to the PHIN Portal or speaking to PHIN on 020 7307 2862.
‘The CMA is committed to seeing full compliance across the sector. Working with PHIN we are stepping up our enforcement action. Those in breach will now be escalated more swiftly to the CMA’s formal enforcement tools.
‘This will deliver greater compliance across the sector more quickly and give a level playing field, preventing hospitals and individuals gaining from not complying with the Order in full.
‘Hospitals and consultants should be aware that, as well as publishing the names of hospitals and consultants, the CMA has the power to issue legally binding Directions against them, which are enforceable in court.’
Tougher approach
Independent Practitioner Today reported an imminent tougher approach from the CMA in October 2022 and last April it publicly named two hospital companies in enforcement letters for failing to meet the requirements. This week it named a third – see ‘Private hospital group named for failing to publish data’).
Mr Stewart thanked ‘hundreds of hospitals and thousands of consultants’ who were now submitting data to PHIN and appeared on its website for patients to analyse.
PHIN chief executive Dr Ian Gargan welcomed the CMA letter, saying it recognised great work many were doing to meet the requirements of the Order and help patients make more informed healthcare choices.
‘The Order deadline is getting closer, and we are working hard to help anyone (hospital or consultant) who is still to meet their obligations.
Dr Ian Gargan
‘If you have questions about what you need to do or are struggling to achieve compliance, then please call or email us. PHIN is here to collaborate and help meet patients’ and the healthcare sector’s data goals.’
PHIN and the CMA have agreed an escalation pathway for those not complying with their legal obligations.
The Network said it aims to help consultants or hospitals progress towards compliance without the need for enforcement.
Both organisations contact hospitals who have not submitted the required data and most are said to have quickly implemented plans to achieve full compliance.