GovWire

The Competition and Markets Authority (CMA) has written publicly to 2 private hospitals (a letter to the Ulster Independent Clinic, and a letter to the Fortius Clinic) after their failure to provide data for publication on performance and patient outcomes so that prospective patients have the information they need to compare healthcare providers and consultants. Both hospitals have produced a plan to achieve compliance within 6 months and if this is not fulfilled, then the CMA can take further enforcement action.

Under the CMAs Private Healthcare Market Investigation Order 2014 (PHO), a private hospital must supply the Private Healthcare Information Network (PHIN) with information about the treatment it has carried out for its private patients so it can be published for patients and healthcare professionals to see.This allows patients to compare which is the best private hospital for them.

The CMA has found that Fortius Clinic in London and Ulster Independent Clinic in Belfast failed to provide the data specified in the Order, which means PHIN cannot process and publish a range of information related to patient care and outcomes. They have also failed to adequately resolve data issues that would support information on consultants at the clinics to be published.

This breach of the PHO means that private patients are unable to make accurate comparisons when choosing a provider by reference to important markers such as patient feedback and patient outcomes. The clinics failures are detailed in these letters written by the CMA to each hospital.

David Stewart, Executive Director, Markets and Mergers at the CMA said:

Choosing private healthcare is an important and, at times, difficult choice. So, it is vital that private hospitals empower customers, through PHIN, with the information to help them understand and select the best care for them and their families. Some hospitals are not doing this.

Consultants must also provide their consultation and treatment fees for publication, and three-quarters have already done so.

So, we are now ramping up enforcement action to ensure that the remaining hospitals and consultants that are breaking the rules will face the consequences, so patients dont lose out.

The CMA seeks the swiftest possible way of addressing non-compliance. For breaches of this kind, this could be through the voluntary actions of hospitals or, if necessary, the CMA could issue legally binding directions or begin court action.

All updates on this work can be found on the Private healthcare market investigation page.

For media enquiries, contact the CMA press office on 020 3738 6460 or press@cma.gov.uk.

Notes to editors

1. PHIN is the independent, CMA-mandated organisation publishing performance and fees information about private consultants and hospitals
2. In July 2022 the CMA approved a new Strategic Plan proposed by PHIN to ensure the industry delivers full compliance with the Order.
3. In October 2022 the CMA published a letter to the private healthcare sector announcing it is set to launch enforcement action under the Private Healthcare Market Investigation Order 2014
4. The CMA has carried out public enforcement under Part 3 previously.Find out more about previous breaches and the CMAs enforcements on the letters to companies in breach of market investigation orders and undertakings collection page.
5. The CMAs enforcement process is set out in our published guidance: Merger and market remedies: Guidance on reporting, investigation and enforcement of potential breaches -
   

   View the original news story