Measures to Enhance Patient Access to Information in Private Hospitals

The Competition and Markets Authority (CMA) has publicly addressed two private hospitals (including a letter to the Ulster Independent Clinic and a letter to the Fortius Clinic) due to their failure to submit essential performance and patient outcome data for public viewing. Such data is crucial for prospective patients to effectively compare different healthcare providers and consultants. Both hospitals have formulated a compliance plan to address this issue within six months; if they fail to meet this timeline, the CMA may initiate further enforcement measures.

According to the CMA’s Private Healthcare Market Investigation Order 2014 (PHO), private hospitals are required to provide the Private Healthcare Information Network (PHIN) with data regarding treatments they have performed on private patients, ensuring that this information is available for patients and healthcare professionals. This transparency helps patients determine the most suitable private hospital for their needs.

The CMA has identified that both Fortius Clinic in London and Ulster Independent Clinic in Belfast did not comply with the data submission requirements outlined in the Order, hindering PHIN’s ability to process and disseminate vital information about patient care and outcomes. Furthermore, they have not adequately addressed data-related issues that would allow for the publication of consultant information from the clinics.

This violation of the PHO prevents private patients from making informed comparisons based on key factors such as patient feedback and clinical outcomes. Detailed accounts of the clinics’ non-compliance can be found in these letters sent by the CMA to each facility.

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

Making choices regarding private healthcare is a significant and often challenging decision. Therefore, it is essential that private hospitals provide customers, through PHIN, with the necessary information to aid in selecting the best care for themselves and their families. Unfortunately, some hospitals are falling short in this regard.

It’s also imperative for consultants to disclose their consultation and treatment fees for publication; currently, three-quarters have complied with this requirement.

As a result, we are escalating enforcement actions to ensure that the remaining non-compliant hospitals and consultants face appropriate consequences, so that patients are not disadvantaged.

The CMA is committed to rapidly addressing any non-compliance. For breaches of this nature, remedies might involve voluntary actions from hospitals or, if required, the CMA may issue legally binding orders or initiate court proceedings.

For ongoing updates regarding this matter, please visit the Private healthcare market investigation page.

For media inquiries, please contact the CMA press office at 020 3738 6460 or via press@cma.gov.uk.

Notes to editors

1. PHIN is the independent organization mandated by the CMA to publish information on performance and fees concerning private consultants and hospitals.
2. In July 2022, the CMA approved a new Strategic Plan put forth by PHIN to ensure that the industry achieves full compliance with the Order.
3. In October 2022, the CMA issued a letter to the private healthcare sector indicating its intent to commence enforcement actions under the Private Healthcare Market Investigation Order 2014.
4. The CMA has previously conducted public enforcement under Part 3. Additional details on past violations and the CMA’s enforcement actions can be found on the letters to companies in breach of market investigation orders and undertakings collection page.
5. The CMA’s enforcement process is outlined in our published guidance: Merger and market remedies: Guidance on reporting, investigation, and enforcement of potential breaches – GOV.UK (www.gov.uk)