The Competition and Markets Authority (CMA) is further cracking down on doctors, hospitals and other private healthcare providers which are not supplying key data on their performance and patient outcomes.
In its latest move, the regulator said those breaching legal requirements around publishing treatment outcomes will now be escalated more swiftly to formal enforcement.
The warning to the whole industry came as the CMA named and shamed Phoenix Hospital Group for “significant failings” in compiling the data and imposed a November deadline on the group.
It was the third group to be publicly censured for non-compliance following the Ulster Independent Clinic and Fortius Clinic in April – both are working towards full compliance and the CMA is monitoring progress closely, the regulator said.
Private healthcare practitioners and facilities are legally required to supply data covering a wide range of subjects following the CMA’s market investigation and resulting order almost 10 years ago.
The Private Healthcare Information Network (PHIN) is collating and publishing it to increase transparency around outcomes and support patients in their decision making.
However, progress has been slow with some practitioners and hospitals disputing the validity of the data and others citing technical difficulties, but the CMA has become increasingly strident.
Escalation pathway
CMA executive director for markets, remedies and regulation David Stewart issued a stark warning that the sector needed to improve and speed-up its work or face stiffer consequences.
In an open letter to private healthcare consultants and hospitals, Stewart (pictured) said: “For those that are not complying with their legal obligations, the CMA has agreed an escalation pathway with PHIN.
“PHIN’s starting point is always to help hospitals or consultants progress towards compliance without the need to refer to us for enforcement.
“Where insufficient progress is being made despite PHIN’s support, the CMA is taking action to secure compliance with the order.
“PHIN and the CMA are continuing to contact hospitals that are not submitting the required data, and in response, most have quickly implemented plans to achieve full compliance with the order in a timely fashion, thus avoiding public enforcement.
“For hospitals that fail to take the necessary steps, public enforcement action follows.”
Focus on quieter consultants
Regarding consultants, Stewart said enforcement work started with the busiest individuals and all of the most active consultants conducting at least 100 admissions per year had submitted the required fees information to PHIN.
The bodies were now engaging with consultants that carry out fewer than 100 episodes per year.
“The CMA is committed to seeing full compliance across the sector. Working with PHIN we are stepping up our enforcement action,” Stewart continued.
“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,” he added.