The duty of the Secretary of State for Health has not been restored

The rumours in the press and social media that significant concessions
have been made by the government ( Earl Howe )  to the Colleges on the
Bill, not least around Clause 1 duty to provide are false. A real concession would be a return to the 2006 wording, and they remain 100% obstinate about not doing that and not explaining why they won’t.

Please read this briefing which shows the founding duty on the Secretary of State (NHSAct 2006 ) has not been restored and no significant concessions have
been made.

http://www.allysonpollock.co.uk/administrator/components/com_article/attach/2012-01-17/Pollock_HouseOfLords_HSCB_Briefing12_HoweLetter_17Jan12.pdf

Our focus for public health should now be be on the key Clauses which
underpin  the Red Lines set out in the Lancet article (below) and
restoring the fundamental duties of the sec of state.

http://www.allysonpollock.co.uk/administrator/components/com_article/attach/2012-01-24/Lancet_2012_Pollock_HealthAndSocialCareBill2011.pdf

Believe nothing until it is on the face of the Bill,(and checked by
independent lawyers) the same goes for reassurances about CCGs Clause
(12)and geographical areas and autonomy Clause 4.

Lest we forget

David Cameron 27.01.2011:

This month, we published the Health and Social Care Bill, which sets out our plans to modernise the NHS … as with any big change, some myths have crept in and people are understandably nervous about what it will mean for them. So I want to address some of these concerns …Myth number one is that no change is needed at all. I disagree. Despite the best efforts of staff, the NHS does not consistently deliver the patient-centred, responsive care we all want to see. Too often, the decisions of frontline doctors and nurses are over-ridden by a top-down system which doesn’t allow professionals the freedom they need. This is the reason that, despite spending the European average on health, some of the outcomes are poor in comparison. For example, someone in this country is twice as likely to die from a heart attack as someone in France …

Guardian/British Medical Journal 27.01.2012:

The number of people dying from a heart attack has halved in the last decade, with falling rates of smoking, greater use of statins to lower cholesterol, and better NHS care thought to be behind the fall.

Fewer people in England are suffering a heart attack, and fewer of those who do are dying as a result, according to research by Oxford University reported in Thursday’s British Medical Journal.

They used official NHS data on hospital admissions and mortality to study 840,175 men and women who between them had 861,134 heart attacks between 2002 and 2010.

Overall, mortality rates among men fell by 50% and among women by 53%.

See also:

Does poor health justify NHS reform? Prof John Appleby Kings Fund

Heart attack deaths halved in the last decade. BBC

 

 

Patient power

On radio 4 this morning the inimitable Simon Burns, Andrew Lansley’s right hand man, said that the coalition’s health bill would “slash bureaucracy, put doctors in charge and give patients more power”.

Just as I have never met a doctor who thinks they will be in charge, nor a manager who thinks there will be less bureaucracy, I am yet to meet a patient who thinks the Bill will give them more power, still less one who can explain how. Part of the problem is that the government has muddled ‘patient choice’ with ‘patient power’. Just because having more power usually gives you more choice it does not follow that more choice is empowering.

I’ve tried to answer this question myself, because I think that patient empowerment is an essential part of good care and I’d like to see if it is possible.

Below is the complex way in which the bill enables this.

At the lowest level patients join their GP practice patient-participation group (PPG) (not all practices have them, but all should)

A representative from the practice PPG joins the Local Involvement Network (LINKs) though you may join LINKs without being on a PPG

LINKS are being abolished by April 2013 and replaced with Local HealthWatch. The problem with LHW is that it is part of the Care Quality Commission (CQC). According to the government’s own Health committee, “the CQC was established without sufficiently clear and realistic definition of its priorities and objectives. The timescales and resource implications of the functions of the CQC were not properly analysed, and the registration process itself was not properly tested and proven before it was rolled out” Health Policy Insight

The Health and Social Care Bill 2011 currently establishes health and wellbeing boards as committees in local authorities. The proposed health and wellbeing board membership includes:

• at least one councillor from the local authority
• the director of adult social services
• the director of children’s services
• the director of public health
a representative of the local HealthWatch
• a representative of each relevant clinical commissioning group
• other persons or representatives the local authority or health and wellbeing board thinks appropriate.

The director of public health will be the principal advisor on health and well-being to elected members and officials in the local authority.

From April 2013, Local Authorities and CCGs, together with local HealthWatch, will be required to prepare the Joint Strategic Needs Assessment through the Health and Wellbeing Board. This will require groups to undertake a comprehensive analysis of the local needs of their population.

So patients can, if they are lucky/ pushy/ talented/ connected or a combination of all these things, get representation on a local authority Health and Wellbeing Board by April 2013.

This doesn’t sound like empowerment to me. And given the state of the CQC and the Bill it might very well not happen.

In the meantime I would like to encourage you all to join your GP practice patient participation group. If there is not one already, ask them to set one up, or even volunteer to set one up for them. Then whatever happens you’ll have a foot in the door.

And do ask your GP a few of these questions while you’re at it:

1. What is your opinion of the Health Bill? Do you support the BMA, the RCGP, the RCN and the Royal College of midwives in their opposition? If not why not?

2. How do you think the Health bill will affect your practice and your patients?

3. The government say that you are going to be in charge of the NHS budget instead of bureaucrats. This sounds good, but what does it really mean?

4. The government say that the health bill will give patients more power. How will it do that?

5. Do you have a patient participation group that I could join?

6. How do patients contribute to the local GP commissioning group?

See also: Big Society Volunteering NHS Vault

Patient & Public Involvement Response by Brian Fisher, GP

The initial design offered absolutely nothing to communities and individuals. Through argument and lobbying, these are now the additional responsibilities and expectations on CCGs. It does not add up to any kind of democratic arrangement, but it does offer opportunities for participatory democracy.

In addition, through a range of mechanisms, the LA has far more say.

CCGs have duties to promote patient involvement in all their functions. This is stronger than the previous obligation which was to “have regard to the need to” promote patient involvement. Clinical commissioning groups will have to involve the public in

  • planning all commissioning arrangements, 
  • developing and considering all proposals for changes in commissioning arrangements
  • all decisions affecting the operation of commissioning arrangements.

The previous plans had the same provisions, but they applied only to “significant changes”. They now apply to all changes and arrangements. 

CCGs’ commissioning plans will need to be the result of ongoing joint work with Health and Wellbeing Boards.  Clinical commissioning groups must involve Health and Wellbeing Boards in preparing or revising their plans and, in particular, to share drafts with the Board and consult it on whether the drafts take proper account of the Joint Health and Wellbeing Strategy. 

HWBs can make any objection to the NHS Commissioning Board if they feel that commissioning plans do not match the agreed strategy.

CCGs have duties to promote shared decision-making: patient involvement in decisions about their own individual health and social care.

The governing body must meet in public (except where it would not be in the public interest to do so). Membership of the governing body must include at least two lay members, together with one registered nurse and one doctor with secondary care experience. One lay member must have a responsibility for promoting PPI.

Transparency. There will be increasing expectation to publish health data in the public domain.

Independent scrutiny remains Authorisation requires:

  • that CCGs will not only listen but respond to the recommendations of local communities.
  • That CCGs do proactive work in their communities, for instance community development

HealthWatch is quite a mess at the moment. It may pull through to become a force for good.

Our McGovernment and public health

This is little more than a selection of newspaper headlines, but it reveals the extent to which the Public Heath profession has been usurped by the junk food industry in the diet-related disease strategy for this country.

1. “The Department of Health is putting the fast food companies McDonald’s and KFC and processed food and drink manufacturers such as PepsiCo, Kellogg’s, Unilever, Mars and Diageo at the heart of writing government policy on obesity, alcohol and diet-related disease”

http://www.guardian.co.uk/politics/2010/nov/12/mcdonalds-pepsico-help-health-policy

2. “The secretariat for the Public Health Commission that day was, as usual, provided by Unilever and its marketing team.

It must have felt like a new dawn for the food and drinks industries. After more than four years of determined and co-ordinated lobbying, they were about to achieve the corporate PR agency dream: being invited to write the policy themselves. And, if the Conservatives won the election, in Lansley they would have a health secretary who understood them.

He not only subscribed to the libertarian view that public health should be more a matter of personal responsibility than government action; he bought in to the whole pro-business PR view of the world. (At that time, Lansley was a paid director of the marketing agency Profero, whose clients have included Pepsi, Mars, Pizza Hut and Diageo‘s Guinness. He gave up the directorship at the end of 2009.)”

“Diageo, in fact, had closer links with the Lib Dems than the Conservatives – its corporate relations director, Ian Wright, was one of three people who paid donations directly into Nick Clegg’s personal bank account to fund a researcher – but that would come in useful later once the election results were known.”

http://www.guardian.co.uk/politics/2010/nov/12/government-health-deal-business

3. Register of Members’ Interests

http://www.publications.parliament.uk/pa/cm/cmregmem/100927/100927.pdf

LANSLEY, Andrew (South Cambridgeshire)
Remunerated directorships

Profero (non-executive); digital marketing agency. Address: Centro 3, 19 Mandela Street, London, NW1 0DU. Work includes attending board meetings and advising on strategy and vision for the company. (Resigned 31 December 2009.)

31 July 2009, received payment of £1073.32. Hours: 8hrs. (Registered 21 September 2009)
28 August 2009, received payment of £1073.32. Hours: 7hrs. (Registered 21 September 2009)
30 September 2009, received payment of £1073.32. Hours: 8hrs. (Registered 1 October 2009)
30 October 2009, received payment of £1073.32. Hours: 6.5hrs. (Registered 18 December 2009)
30 November 2009, received payment of £1073.32. Hours: 8hrs. (Registered 18 December 2009)
31 December 2009, received payment of £1073.32. Hours: 6.5 hrs. (Registered 1 February 2010)

4. Freud Communications is a premium PR service whose clients—among them Mars, Nike (NKE), Pizza Hut (YUM), and Diageo (DEO) —pay above-market rates, says Rogers of PRWeek. Where a typical consumer PR firm in London might charge £100,000 a year, Freud commands £250,000 to £500,000, according to Rogers. “If you’re a company with a problem, he can call on his informal network of advisers and friends, CEOs, and politicians,” says Rogers.

In 1996, PepsiCo (PEP) was rolling out newly blue soda cans. To publicize the event, Freud enlisted Air France to paint the Concorde blue and the Daily Mirror to publish on blue newspaper for a day. Freud then arranged for a bevy of celebrities, including supermodel Claudia Schiffer, to pose with the blue products. The successful campaign had all the key ingredients of Freudian PR: celebrity endorsement, brand dollars, and newspaper collusion.

http://www.businessweek.com/printer/magazine/matthew-freud-will-see-you-now-09012011.html

5. The Department of Health announced that from January, its entire public relations work on public health would be handled by Matthew Freud‘s communication agency, which lists several fast and snack food producers among its clients.

Other Freud clients include Pepsi, KFC, Walkers Crisps and the premium drinks company, Diageo.

http://www.guardian.co.uk/media/2011/dec/20/matthew-freud-contract-department-health

Public Health community calls on Royal Colleges to oppose Health Bill

PRESS RELEASE: January 12, 2012 IMMEDIATE
Public Health community calls on Royal Colleges to oppose Health Bill
 
An influential group of public health experts has sent an urgent plea to all the medical, nursing and allied health professional Royal Colleges and Faculties urging them to oppose the government’s unpopular Health and Social Care Bill.
 
The letter calls on the Presidents and Board members of all the Royal Colleges and Faculties to “unequivocally, vigorously and publicly oppose the Bill while there is still time”.
 
It follows results from the biggest national survey of GPs so far by the Royal College of General Practitioners, in which a massive 98% of GP respondents wanted the colleges to stand together and call for the Bill to be dropped.
 
The growing level of opposition across a wide range of health professionals reflects a deeply felt concern that the very integrity and equity of the NHS in England is under threat. The proposed changes will create a much more fragmented, market-driven health service, with competition replacing cooperation, with disputes over accountability and liability, with huge variation in what is commissioned and provided, and with the risk of increasing inequalities in health and access to healthcare.
 
Professor Alan Maryon-Davis, one of the signatories and a former President of the Faculty of Public Health, said:

“The complexities and consequences of this sprawling Bill are being gradually understood by more and more health professionals – and they don’t like what they’re seeing. Most of the Royal Colleges and Faculties have so far sought to engage constructively with the government to gain various concessions. But there has been no change in the Bill’s fundamental thrust – to turn the NHS into a giant marketplace, putting profits and productivity before people. Hence our plea to the Colleges and Faculties to act decisively before it’s too late”
 

Professor Allyson Pollock, another signatory, who is an expert on NHS policy said:

“There is a wealth of research pointing to the fact that the Bill will widen inequalities, threaten patient safety, corrupt the practice of medicine and lead to a huge waste of public money on administration and unwarranted profiteering”.
 

This letter to the Royal Colleges follows one sent this week by Lord Owen, arguing that that in light of the government’s refusal to publish the formal risk assessment of the Bill, the Colleges should argue that it would be riskier to proceed with the Bill than to stop it.
 
Dr Jacky Davis, a member of the BMA Council said:

“Given the level of disruption caused by the Bill, coupled with all the concerns and warnings that have been produced by heath policy experts, and given the huge challenge of having to make unprecedented efficiency savings, purely on the basis of prudent risk management, it is clear that this Bill should be withdrawn. It would be safer to stabilise the health system first; and then allow a full and proper debate about the need for any legislation at all”.
 

NOTE to Editors: Copies of the detailed briefings sent to the Royal Colleges can be found at: http://www.healthprofessionals4nhs.co.uk/

What’s Lansley got to hide?

PRESS RELEASE:

Wednesday January 11 2012: IMMEDIATE RELEASE

Lord Owen steps in on Health Bill after Commons “misled”

What’s Lansley got to hide?  

Former Health Secretary Lord Owen has stepped up the fight to force Andrew Lansley to release a potentially damning “Risk Register” compiled by Department of Health officials, assessing the controversial Health and Social Care Bill, which Lansley has withheld from MPs and peers since this time last year.

Lord Owen, who tabled a motion on the Risk Register last month in the Lords, has now written personally to the Presidents of the medical Royal Colleges warning that the dangers of proceeding are far greater than those of stopping the Bill now. Ministers have been encouraging the DoH to implement aspects of the Bill even before parliament decides, to make it seem a “done deal”.

Publication of the Register was first requested under the Freedom of Information Act last February: but Mr Lansley has flouted the law and defied two instructions from the Information Commissioner to release the document. According to the Evening Standard:

“Mr Lansley’s officials had argued that releasing the Risk Register, when the Standard put in its FOI request in February with debate raging over the NHS changes, would have “jeopardised the success of the policy”.

Almost a year later the Register still has not been released. The matter goes before a tribunal on January 16, but in the meantime the Risk Register has been consciously kept under wraps for the entire duration of the Commons stages of the Bill, leaving MPs to vote time and again in ignorance of the findings. And it has also been withheld from the Lords during its debates, despite further attempts to force its release.

This secrecy confirms suspicions of opponents of the Bill that the document reveals some of the many weaknesses in Mr Lansley’s proposals for greater private sector involvement and competition in the NHS, and for the Secretary of State no longer to be accountable to Parliament for a fragmented NHS run nationally by an unelected Commissioning Board, and locally by private sector management consultants, who will be steering the “Clinical Commissioning Groups”.

The danger is that the risks identified in the register, and many proposals in the Bill itself, could escape any scrutiny in parliament, with the pitfalls of the Bill exposed and felt by patients and the public only after the Bill becomes law.

Campaigner Dr John Lister, a health policy expert at Coventry University, said:

“What has he got to hide? Mr Lansley has cynically attempted to mislead MPs – most of whom have no idea what the Bill says, but have voted on party whips – by withholding this document. He is now trying to do the same with the House of Lords.

“Lansley’s plan is not just lacking any supporting evidence: it is being pushed through with damning evidence suppressed.  This is taking a massive risk with patient care.

“If our own Parliament won’t uphold the law on Freedom of Information, or demand the full facts, it speaks volumes on our flimsy democracy.”

FURTHER DETAILS: Dr John Lister 07774 264112, john.lister@virgin.net

Bevan’s Run

Campaigners fighting on to try to prevent Lansley’s Bill reaching the statute book include hospital consultant and BMA Council member Clive Peedell who is staging “Bevan’s Run” from South Wales to London His route started at Bevan’s birthplace in Cardiff yesterday (January 10), passing through David Cameron’s Witney constituency on Friday January 13, and ends in a bedpan race down Whitehall on the 15th.  There will be rallies at each staging post: why not join Clive and colleagues for your nearest rally, or even for the run? http://bevansrun.blogspot.com/p/details-of-run-with-maps.html

Clive Peedell cliveypeedell@hotmail.com

Lansley’s NHS market could wind up like social care

PRESS BRIEFING: Health & Social Care Bill

Tuesday January 10 2012: IMMEDIATE RELEASE

Lansley’s NHS market could wind up like social care

While David Cameron and ministers talk misleadingly about “integration” of services for older people, the real danger is that the shambolic state of elderly care could be replicated across the whole of the NHS if Andrew Lansley’s controversial Health and Social Care Bill is rubber-stamped by the House of Lords.The Bill would fragment and “dis-integrate” the NHS: but the disintegration of social care has been taking place over the last 20 years. And the threat is that NHS care which is now free at point of use could be “integrated” with the failed social care system, which levies extensive means-tested charges – killing off the NHS as we know it.

Recent reports by Age UK and the King’s Fund on the crisis in elderly care have shown that 800,000 frail older people today are lacking services they need, rising to 1 million by 2015, while the Local Government Association recently warned ministers that the system of high-cost social care is “not fit for purpose”. BBC reports have exposed a growing problem of “bed blocking” and now hospitals are under pressure to discharge elderly patients despite the inadequate arrangements to care for them thereafter.

This competitive market in social care was created 20 years ago in sweeping “reforms” initiated by Margaret Thatcher. Until 1993, NHS hospitals were responsible for much long-term care, delivered free to all at point of use, funded from taxation, while those needing nursing home care had their fees covered by social security.

Now, with most NHS specialist elderly care beds having closed, and social care delegated to local government social services, patients are left dependent on costly, largely privatised domiciliary care, and privately-run residential care and nursing homes ” – while many more frail older people are excluded from any support by arbitrary “eligibility criteria” operated by cash-strapped councils facing 28% cuts over 3 years, and by local Primary Care Trusts. Elderly care is under-funded, fragmented, uneven, unequal and unsatisfactory, with responsibility split between local health and council commissioners, while 80% of domiciliary care is now privatised, and many care homes are run for private profit.

In this “market” vulnerable people are forced to “choose” between a multiplicity of low quality providers, who cherry-pick certain services and ignore others, leaving gaps in care. Pay and conditions for staff are notoriously poor, contributing to a demoralised, perfunctory service and the neglect of vulnerable people.

Competition has not brought improvements but has added new problems: elderly care is marked by poor contract management, sloppy and/or partisan commissioning, loose standard-setting, inadequate inspections, and rising charges as the remnants of public provision are replaced by a burgeoning private sector. And while the profits remain in private hands, any failure by private providers – such as the private equity firm that bankrupted the Southern Cross nursing home chain – lands back on the public sector, which has to step in and rescue the victims. The social care system is already becoming little more than a bare-bones service for the less well-off, with massive local variation and widening health inequalities. A similar fate is likely to befall the NHS if the current changes are implemented.

Mr Lansley’s plans for the fragmentation of the NHS involve disbanding its existing organisational structures, and rather than replacing them, turning over service coordination to the market’s “invisible hand”. The plans are devoted to opening up much greater involvement of private companies to deliver services paid for by the taxpayer; they include denationalising NHS hospitals as fast as can be managed. This threatens to fundamentally change, undermine and destabilise the health service.

The new system would be as poorly regulated, as patchy and incomplete, and as much of a postcode lottery as social care. It would allow private medical corporations or “any qualified provider” to scoop up profits – but dump all of the complex and costly cases onto publicly funded hospitals, for as long as such organisations exist. It would even allow local Clinical Commissioning Groups to designate some services as outside the NHS, making them subject to fees and charges for the first time since 1948.

London GP Jonathon Tomlinson said:

“If you want to know what a market in health care would look like, just look at elderly care – or dentistry, where charges are rampant, the private sector rules the roost, and many people cannot find an NHS dentist. Now GPs see many patients with dental problems. The NHS leads the world in fair access to care: Lansley’s Bill would undermine that.”

Lancashire GP and BMA Council member Dr David Wrigley adds:

“Our NHS was making real progress before Andrew Lansley’s Bill, and recognised as one of the best in the world: the danger is that it could become as unfair and chaotic as care of the elderly.”

Mr Lansley has the support of only a tiny minority of GPs and doctors for his Bill, which was not put before the electorate last year. His plans have been actively opposed by health workers and criticised by a wide range of think tanks and pressure groups for patients. Now a succession of feel-good government “initiatives” and announcements are being used as red herrings to divert the media and public while this retrogressive legislation is forced through the House of Lords.

That’s why David Cameron is now suddenly declaring himself an expert on nursing rotas and prattling about improved standards even while thousands of nursing jobs and support staff are axed, wards closed and services rationed.

Campaigners will be fighting on to try to prevent Lansley’s Bill reaching the statute book, including hospital consultant and BMA Council member Clive Peedell who is staging “Bevan’s Run” from South Wales to London His route starts at Bevan’s birthplace in Cardiff today (January 10), passes through David Cameron’s Witney constituency on Friday the 13th, and ends in a bedpan race down Whitehall on the 15th. There will be rallies at each staging post: why not join Clive and colleagues for your nearest rally, or even for the run? http://bevansrun.blogspot.com/p/details-of-run-with-maps.html

FURTHER DETAILS:

Dr David McCoy d.mccoy@ucl.ac.uk

Dr David Wrigley dgwrigley@doctors.org.uk

Dr Jonathan Tomlinson echothx@gmail.com

Clive Peedell cliveypeedell@hotmail.com

Dr John Lister 07774 264112, john.lister@virgin.net

Unanswered questions about the Health Bill

Tory peer, Earl Howe  has had these since October and has not yet addressed a single one .

Journalists, patients, anyone … can ask them of their MPs/adopted Lord, GP, hosptial specialist, local GP Commissioners, etc.

1. How does Earl Howe explain the comments he made at the Laing & Buisson Independent Healthcare Forum on 7 September (during the 3rd Reading) in which he informed the audience of private sector providers that there were big opportunities for them to make money by taking patients away from the NHS?
http://www.pulsetoday.co.uk/newsarticle-content/-/article_display_list/12663018/big-opportunities-for-private-sector-in-health-bill-says-minister

2. What safeguards are to be put in place to prevent private equity companies from taking a stake in NHS ex-employee buyout “social enterprises”, gearing them up [raising loans against them and extracting the principal, a standard asset-stripping manoeuvre], extracting the cash and dumping the remains once no more income stream can be extracted?  i.e. the Southern Cross story?

3. There are sections of the Bill which pertain to property transfers (134, 299, 300 and Schedule 23), but none of them mention the value at which land and buildings may be transferred under their provisions.  What safeguards are in place to prevent NHS land and buildings being transferred at undervalue?  Can Earl Howe guarantee that these transfers will not take place for a nominal sum?  The Bill contains no provisions for public scrutiny of such transactions involving the Secretary of State and “qualifying companies”.  How will public oversight be arranged for this?

4. Several of the US companies which are hoping to come in to the NHS as either providers or commissioners have been in trouble for defrauding the US government.  What safeguards will be put in place to stop them applying the same low business standards to their dealings with patients, GPs and the UK government?

5. One large company which has been lobbying for access to the post-reform NHS is a South African company [Netcare, parent of General Healthcare Group] which was found guilty of removing the kidneys of minors and selling them. What “fit and proper person” tests are to be applied for the new entrants to our state-funded health system? Will the general public be allowed to lodge protests against particular providers who seem to have demonstrated themselves not to be fit and proper persons to be involved in running services for the NHS?  The Mirror alleges that GHG is under consideration for contracts to run transplant services in the UK: http://www.mirror.co.uk/news/politics/2011/09/06/organ-selling-firm-in-nhs-talks-115875-23399313/

6. Once NHS hospitals are required to make their money through selling services, they will have to balance their books or go out of business.  Is it planned for those burdened by expensive PFI deals to be left to sink or swim, or is the government planning to force the taxpayer to take over all of the PFI deals so that such hospitals have a chance of survival in the new market-place?  What efforts have been made so far to repudiate these deals and stop the PFI lenders and providers from continuing to fleece the taxpayer?

7. The Care Quality Commission has been running regulation on the basis of self-certification and has a track record of believing those assessments rather than inspecting in person; the Winterbourne View case demonstrated that self-assessments by profit-making, private-equity-funded suppliers are not to be trusted.  For the last year the CQC has recruited no-one with any medical qualifications for any of its management or inspection roles.  The reason appears to be systematic under-funding and management which fails to protest about the fact that it has insufficient funding to do the job properly. The Bill puts the responsibility for technical inspection on to the underfunded and underskilled CQC and mandates no extra funding. Can Lord Howe please elaborate on how the system will be changing to safeguard patients properly? For instance, how will the figure for an adequate amount of CQC funding be arrived at?  What is the planned frequency of facility inspections by medical doctors?

8. What safeguards are to be put in place to stop GPs denying patients treatment under the NHS (and retaining the money saved, as would be permitted by the Bill) then offering to give private treatment for the same complaint (as also permitted by the Bill). None are at present included in the Bill.

9. What proportion of the referrals budget is expected to be spent on commissioning overheads and profits (of contractors to which the commissioning tasks are outsourced)?  Is it reasonable to expect this to be in the 20%-40% range as applies to similar arrangements in the USA?  What do your projections show for the amount of the budget given to GP consortia which will be consumed by the outsourcing of commissioning costs?

10. The Bill (s13) allows privatisation of secure psychiatric services; s35 allows the Secretary of State to nominate whoever he likes to approve people to section individuals thought to be a danger to themselves or to other people. The Bill states that the SoSH may or may not arrange compensation for this task.  Clearly there is potential for abuse in this combination of changes.  There has been a recent related abuse in the USA: http://www.nytimes.com/2009/02/13/us/13judge.html?pagewanted=all but in that case the scheme required bribery of judges and the sentences were for months only.  In the NHS case abuse would not require any illegality, merely the possession of the right to lock people up and to be paid for doing so (under a contract) and the ability to approve people to section others (who as well as approval need the minimum qualifications specified under the Mental Health Act 1986); and the deprivation of liberty involved could be long-term or permanent. This seems to be a duty which should not be taken out of state supervision. What safeguards are to be put in place to protect the general public from being involuntarily admitted to profit-making secure mental hospitals which are paid by the number of inmates held?

11. What safeguards are in place to prevent inmates of secure psychiatric facilities privatised under s13 from being pacified with drugs which have serious permanent side-effects, or with ECT, in order to enable lower levels of staffing to be maintained and more profits made?

By Dr Lucy Reynolds.

Other articles by Dr Lucy Reynolds:

Provisions for competition in the Health Bill. Martin McKee’s blog 07.11.2011

Liberating the NHS: Source and direction of the Lansley reform 29.08.2011

Two issues with competition in healthcare BMJ 25.07.2011

For-profit companies will strip NHS assets BMJ 15.06.2011

Issues MPs and the media have missed in Lansley’s bill BMJ 24.05.2011

 

What you might have missed

Apologies for the lack of original material. A new post on the theme of the sceptical healthcare consumer will be up soon. Meanwhile here are some of the more original, important, informative articles from the last 2-3 weeks:

Seven former presidents of the Faculty of Public Health accuse the Prime Minister of ploughing ahead with an “unprecedented marketisation” of services, which poses a “major threat” to the integrity of the NHS.In a letter to Mr Cameron, the group warns:

“The Bill is likely to produce a ‘patchwork quilt’ health system that will vary hugely across the country, failing to meet the diverse needs of the population and undermining the health of vulnerable, minority groups.” Independent Jan 1st.

Christmas is a time to count our blessings, reflecting how they came to be. For people living in England this reflection is more relevant than ever, as the coalition government paves the way for the demise of the welfare state. This statement will be seen by many as reckless scaremongering. The welfare state, not only in Britain but also throughout western Europe, has proved extremely resilient.1 How could any government bring about such a fundamental change? The assault on universalism: how to destroy the welfare state. Martin Mckee et al. BMJ 20.12.2011

we are seeing the return to the Thatcher doctrine that people should expect to pay for private care, either out of pocket or through insurance, and that those of us who could not afford private care would, like the queues of patients waiting for their MRI scan in that 80s hospital, be second in line to the private patients. Memories of Paul, NHS Vault 29.12.2011

Bevan’s run: January 10-15th, 2012. 160 miles in 6 days from Aneurin Bevan’s Statue in Cardiff to the Department of Health, Richmond House, Whitehall, London. To protest against the Health and Social Care Bill and NHS privatisation. Calling at Witney (David Cameron’s constituency). On day 6 (Sunday 15th Jan): High Wycombe to London (Richmond House, Whitehall). We aim to get to Richmond House at about 2-3pm. We will publish route soon, but anyone that wants to join in could meet us in Uxbridge. (Details of meeting point to follow). We will post Bevan’s Postcard to Department of Health. There will be speeches.

Market Failure in Healthcare Part 1: Market Failure in Theory The theory of market failure in healthcare was first described by Professor Kenneth Arrow in 1963 in his seminal paper,Uncertainty and the welfare economics of medical care“.

 Gordon Brown also addressed this issue in a speech to the Social Market Foundation (SMF) in 2003, which summarized the problems of market failure very well.  In fact Brown was so concerned that he stated the following:
“Indeed, the case I have made and experience elsewhere leads us to conclude that if we were to go down the road of introducing markets wholesale into British health care we would be paying a very heavy price in efficiency and equity and be unable to deliver a Britain of opportunity and security for all”
“The very same reasoning which leads us to the case for the public funding of health care on efficiency as well as equity grounds also leads us to the case for public provision of healthcare”. Gordon Brown, SMF speech 2003 Clive Peedell, Bevan’s run
Those who doubt the extent of Tory industrial intent need look no further than Cambo himself. Only last November, he told us – during a speech that was meant to be about exports and growth – that he wanted to ‘drive the NHS to be a fantastic business’. No doubt that will include some token assurances about the importance of customer service, but there, plain for all to see, the emphasis is on business. And then, out of the blue, the French breast implant story burst upon us. This a story with more ironical twists in it than a trotter’s tail, and enough inbuilt innuendo to fuel a full-on Carry On film. Dr No, Double D C*ck Up
 

The NHS reform transition risk register

There is a memorable scene in ‘Doctor in the House’ in which the surgeon, Mr Lancelott-Spratt tells a patient who is wondering what’s wrong with him, “Don’t worry my good man, you won’t understand our medical talk” 

It’s rather like the government’s attitude to the risk register …

Dear Mr Donovan,

Thank you for your correspondence of 21 and 22 November about the Information Commissioner’s recent judgment that the Department should publish its transition risk register.  I have been asked to reply.

The Department’s view is that the ruling of the Information Commissioner carries with it very significant implications, not only for the Department of Health, but also for other departments across Government.

The Department has been open about the outcomes that our modernisation proposals will deliver throughout the reform process, for example through the Impact Assessments that were originally published alongside the Health and Social Care Bill in January.  The Impact Assessments have been updated during the Bill’s passage through Parliament, most recently in September, and are available on the Department of Health’s website at www.dh.gov.uk by typing the reference number ‘16620’ into the search bar.

You may be aware that risk registers are a basic tool for the management of policy implementation.  They are working documents that inform advice relating to the entire range of areas for which Government departments are responsible, including financial risks, policy risks and sensitive commercial and contractual risks.  To enable robust risk management, the Department believes that officials must be free to record all potential risks and their mitigating actions together with an estimation of their likelihood and impact, fully, frankly and with absolute candour, in confidence that this information will not be disclosed.  The Department believes that the way in which these risks are expressed in worst-case terms would present a misleading picture and be open to misinterpretation if placed in the public domain.

The Department therefore considers that making this information publicly available at the time the requests were made would have compromised both the register’s quality and value as a basis for advice to ministers and decision making.  The Information Commissioner’s decision has caused concern in other Government departments in terms of the effects of publication on risk management in general, and the construction of risk registers in particular.

In light of this, the Department of Health has decided to appeal against the Information Commissioner’s decision in both cases.  Earl Howe made a statement to the House of Lords on 28 November that outlined the Department’s position and set out the reasons for our decision.  Earl Howe also went as far as he could in offering up the categories of risk contained in the transition risk register.  These include:

- how best to manage the Parliamentary passage of the Bill and the potential impact of Royal Assent being delayed on the transition in the NHS;
- how to manage planning so that changes happen in a co-ordinated way while maintaining financial control;
- how to ensure that the NHS takes appropriate steps during organisational change to maintain and improve quality;
- how to ensure that lines of accountability are clear in the new system and that different bodies work together effectively, including the risk of replicating what we already have;
- how to minimise disruption for staff and maintain morale during the transition;
- how best to ensure financial control during the transition, to minimise the costs of moving to a new system and to ensure that the new system delivers future efficiencies;
- how to ensure that future commissioning plans are robust and how to maximise the capability of the future NHS Commissioning Board;
- how stakeholders should be engaged in developing and implementing the reforms; and
- how to properly resource the teams responsible for implementing the changes.

It is expected that the Appeals Tribunal will consider this case in the new year.  The Bill is currently before the House of Lords to continue its Parliamentary scrutiny.

More information on the Bill can be found on the Department’s website at www.dh.gov.uk/healthandsocialcarebill.

I hope this reply is helpful.
Yours sincerely,

Paul Larkin
Customer Service Centre
Department of Health

Update 15.12.2011 See this FOI request from Lord Owen about a major study on competition commissioned by Labour in 2006, on NHS Vault

3 things you can do to stop the Health Bill

Dear friends,

Three things you can do now to help the campaign against the Health and Social Care Bill:

1. Lobby the Lords. Its still worth writing to the Lords who are still scrutinising and trying to amend the bill. They are doing this without access to the governments risk register and some are not at all happy about that. David Owen told one of our supporters recently that Lords are so unused to getting letters that even a dozen or so on a topic makes a big impression. The balance in the House of Lords is held by the cross bench Lords who have no party allegiance and are therefore more open to persuasion. The Conservative and Lib Dem Lords amount to 258 and the Labour Lords to 238, but there are 153 cross bench Lords. So its worth writing to them as well as the bishops I attach a list of cross bench Lib Dem Lords and Bishops  Some of these are just email addresses but if you google the email address you get the name of the Lord. I suggest you choose a Lord whose surname starts with the same initial as yours, and one or two on either side, as a way of distributing them.

For most impact:
post the letter, don’t email it. The address is House of Lords SW1A OPW.
keep it short and to the point make it personal – relate it to your work or your area in some way. Key issues could be: risk; cost; conflicts of interest; constitutional issues (see Allyson Pollock’s website for her parliamentary briefings on this issue)

Legislation can be defeated or fundamentally amended in the Lords – its happened before and could happen again. Or it could fail because it runs out of time.

2. Please sign the petition https://submissions.epetitions.direct.gov.uk/petitions/22670  Dr Kailash Chand, a GP in the north of England has started a government email petition. If it gets 100,000 it forces a debate in parliament but just s importantly it will get big publicity for the cause. The petition took off initially but this has slowed down now and we need a new wave of spreading the petition. I think it needs to be sent to people who you may not previously have thought about , to widen the circle. I am going to send it to 10 such people , including my elderly aunt who lives in another part of the country who has dozens of friends who will be very concerned about the possible risks to the NHS and to my daughter with hundreds of facebook friends, and ask them to send it to at least 10 other people and so on. I attach a short document with 5 key reasons for opposing the bill which you could send to people who may not be aware of the issues.

3. Would all of you who are BMA members please consider emailing Hamish Meldrum welcoming the decision to oppose the bill and have a public campaign and urging him to start the campaign now, as time is running out. His email address is hmeldrum@bma.org.uk 10 days ago BMA Council passed a motion to change its position to one of opposition to the Health and Social care Bill and to rapidly organize a public campaign against the bill.

This is good news as we believe there is still time to defeat the bill if all the forces which are opposed could work in concert in one big push over the next few weeks, especially if we alert the public to it as unfortunately so few members of the public really understand what’s at stake. That’s where the BMA’s public campaign could have a huge impact.

It could do some or all of the following: press conferences, public meetings and rallies, leaflets, posters and postcards for patients to send to MPs, media (including electronic) campaign etc.

But it depends on the BMA leadership, especially the chair Hamish Meldrum, committing effort and resources to making it happen. Unfortunately 10 days have passed and we’ve heard virtually nothing, This is similar to what happened when BMA Council passed a motion in July to have a public campaign. It never happened.


by Dr Louise Irvine

Bevan’s Run

January 10-15th, 2012. 160 miles in 6 days from Aneurin Bevan’s Statue in Cardiff to the Department of Health, Richmond House, Whitehall, London. To protest against the Health and Social Care Bill and NHS privatisation. Calling at Witney (David Cameron’s constituency) 
 
 
My name is Clive Peedell and I am Consultant Clinical Oncologist working for the NHS in the North East of England.
  
I am co-chair of the NHS Consultants’ Association and a member of BMA Council and BMA political board. I have been an active campaigner against NHS privatisation and market based reforms.
 
 I believe that a publicly funded, publicly provided and publicly accountable NHS is the most cost effective and equitable way to deliver healthcare to our nation’s population.
 
 This aim of “Bevan’s Run” and the associated Bevan’s Run blogsite is to raise public awareness about the serious threats that the coalition Government’s Health and Social Care Bill poses to the English NHS. These threats were well summarised in a recent article in the Lancet:
 
 “The proposals are ideological with little evidential foundation. They represent a decisive step towards privatisation that risks undermining the fundamental equity and efficiency objectives of the NHS. Rather than “liberating the NHS”, these proposals seem to be an exercise in liberating the NHS’s £100 billion budget to commercial enterprises”
 Professor Margaret Whitehead et al, Dept of Health Inequalities and Social Determinants of Health, University of Liverpool.  The Lancet, Volume 376, Issue 9750
 
All the key NHS stakeholders have expressed serious concerns about the proposed NHS reforms. The BMA has a policy of calling for the bill to be withdrawn and opposes the whole bill. A recent survey of GPs by the Royal College of General Practitioners showed that three quarters want the bill to be withdrawn.
 
 In addition, a group of over 400 public health doctors recently wrote an open letter to the House of Lords arguing that the bill will cause “irreparable harm to the NHS, to individual patients, and to society as a whole,” that it will “erode the NHS’s ethical and cooperative foundations,” and that it will “not deliver efficiency, quality, fairness, or choice.”
 
 Despite this widespread opposition to the proposed reforms, the bill is continuing its passage through Parliamentary process and is likely to be enacted in the Springtime of 2012. It is therefore imperative that the public are informed about what is happening to the NHS, so they can apply pressure to Members of the House of Lords and the House of Commons to stop the passage of the bill.
 
 Anuerin Bevan, who spearheaded the establishment of the NHS in 1948, famously stated that the NHS “will last a long as there are folk left with the faith to fight for it”
 
In recognition of Bevan’s words, I will be running the 160 miles from Bevan’s Statue in Cardiff to the Department of Health, Richmond House, in London over 6 days in protest against the Health and Social Care Bill.
 
 I am very grateful to Dr David Wilson (a fellow Consultant Clinical Oncologist) who as an accomplished long distance runner, will be accompanying me on the journey.
 
 Please visit’s Clive’s website:
 
Donate to Keep Our NHS Public here

The BMA needs to fight to stop the Health Bill

Reproduced from the Opendemocracy website

Jacky Davis December 1st 2011

The British Medical Association – representing 147,000 doctors in the UK – finally lost patience with Andrew Lansley’s unloved and unwanted Health and Social Care Bill last week when its national Council voted decisively to move to a position of full opposition to the entire Bill and to campaign against the threatened legislation.

Up until now the doctors’ trades union has believed that it could rescue the parts of the Bill that appealed to some doctors, in particular the proposal that GPs commission care on behalf of their patients.  At the same time they hoped that by reasonably engaging with politicians they could mitigate the frankly obnoxious parts, in particular the burgeoning involvement of the private sector in delivering the service, and the emphasis on competition rather than collaboration in the English NHS, an attitude which is completely counter cultural for health care professionals and which has no benefit for patients beyond a spurious ‘choice’ agenda which most don’t want.

However a leaked document – Developing Commissioning Support: Towards Service Excellence – has proved to be the final straw that broke the BMA’s hope that something – anything – could be rescued from this legislation.  It is written in the usual impenetrable jargon and double-speak but when translated into plain English it indicates that the private sector will rapidly be taking over the support of commissioning, leaving GPs with little power beyond organizing some specialized areas such as learning difficulties and yet still likely to get the blame for the cuts and closures which will inevitably result from the financial squeeze which the NHS is facing.

It makes a mockery of promises to put the profession and patients in the driving seat, a position which will instead be firmly occupied by the transnational health corporations who see huge opportunities for helping themselves to a large slice of the NHS budget.

With GPs furious about this early betrayal it is now difficult to find anyone outside the Coalition and the Department of Health who thinks this Bill is anything other than a dangerous and chaotic mess. More than a few Tories wish it would just go away.  The Lords are trying to water it down with amendments but the Bill is of a piece, woven from whole cloth and no amendment is going to make it palatable or even workable.  With Andrew Lansley arousing more suspicions by refusing to disclose the risk assessment documents to the House of Lords (so much for promises of transparency in government) it is astonishing that it is being allowed to stagger on when it would be in almost everybody’s interest to put it out of its misery.

The NHS is after all (Commonwealth Fund Study 2011) one of the most cost effective and popular health services in the industrialized world, and the last thing it needs (according to a recent report by the OECD) is another major upheaval. The ‘crisis’ of the NHS is a manufactured one, scare stories invented to suit the Coalition’s assault on public services, and we are not fooled by bogus statistics about poor outcomes, of which the government should be ashamed. 

So here is a suggestion. Halt the Bill now, just stop it and concentrate on rescuing the situation on the ground brought about by starting to implement it before it is law. Then we can take a deep breath and consider in relative leisure how we can improve the NHS without destroying it.  Otherwise this will be the Coalition’s poll tax, and they will suffer the political consequences because the public will not forgive the political vandals responsible for the destruction of the most popular institution in this country bar none.

Dr Jacky Davis is a consultant radiologist, co-founder of Keep Our NHS Public and a member of the BMA council. She has written this piece in a personal capacity.

Press release from Keep Our NHS Public

 For immediate release: Friday 25th November 2011

Keep Our NHS Public welcomes the British Medical Association’s affirmation that the Health Bill be scrapped.

Keep Our NHS Public congratulates the BMA on its vote yesterday to oppose Lansley’s Health & Social Care bill entirely.  We warmly welcome the BMA – representing 147,000 doctors – to join us, and the broad coalition of other health and patient organsiations, as we continue the public campaign against the Health bill.
The tipping point for the BMA has been the leaked government document, ‘Developing Commissioning Support: Towards Service Excellence’, which makes clear that support services for clinical commissioning groups (CCGs) in England will be provided solely by large private companies after 2016.  This makes mockery of Lansley’s promise to put doctors in the driving seat.
Keep Our NHS Public, the NHS Consultants Association, Health Emergency and the NHS Support Federation, along with other leading health and patient groups, look forward to hearing how we may work with the BMA to carry forward this public campaign to its rightful conclusion: the scrapping of the Health & Social Care bill and the beginning of a real, informed debate on how to make the NHS even better than it is already.  We have one the best health services in the world, and the last thing patients need is a major re-organisation of their service – a point confirmed in detail in the recent OECD report1.
For further information please contact:

Wendy Savage: Co-chair, Keep Our NHS PublicMobile: 07939 084 544Email: co-chair@keepournhspublic.com

Ron Singer/Jacky Davis:Respective Mobiles: 07976 141 199 / 07801 721 828 (urgent enquiries)Email:campaignmanager@keepournhspublic.com

 

 
1 Coalition health bill will undermine NHS, says OECD thinktank, The Guardian. 23rd November 2011

‘Proof’ government plans to privatise the NHS

Link to story: http://www.channel4.com/news/proof-government-plans-to-privatise-nhs

This is the paper the programme refers to: Towards Service Excellence , on the Health Service Journal website.

The key points are:

This document is a clear statement of intent to create a market and privatise the bulk of Primary Care Trust (PCT) functions.

It says, p. 23  “The NHS sector, which provides the majority of commissioning support now, needs to make the transition from statutory function to freestanding enterprise.”

PCTs have about 2-300 different functions. Their role is to plan and manage care outside hospitals e.g. community services like district nursing, physiotherapy, psychology etc. They also manage the ‘internal market’ which is the contracting between GPs and hospitals. This was set up in 1991 in order to remodel the NHS fit for private companies to move into the provision of care. Before the internal market there was no need for contracts between GPs and hospitals and GPs were free to refer their patients to any NHS consultant they wanted. The latter-day emphasis on patient choice has to be seen with a sense of bitter irony that converting the NHS to a market will mean that patients and GPs will never again have that freedom.

Part of their work is ‘commissioning’, for example, we commissioned a fertility service from our local hospital. This means that we have agreed that when a woman needs fertility treatment we GPs will arrange all the preparatory investigations for the woman and her partner and the hospital will provide an agreed level of management. This way the women don’t waste time having investigations repeated, the fertility specialists know what to expect when a woman is referred, and the NHS saves money because the process is efficient. The role of GPs was to sit down with the hospital specialists and a couple of people from the PCT and hosptial management. Most of the work involved in commissioning is administrative.

This report suggests that this work will be subject to a competitive market. The commissioning services described in this report (page 14) are comprehensive, i.e. they include; needs planning, design of services, data management, monitoring of outcomes, contracts i.e. absolutely everything that commissioning involves. Only the 7th ‘Back office functions’ is in my mind ‘commissioning support’. At the end of the Channel 4 news report it states that a department of health spokesperson said that only ‘back office functions’ were being outsourced.

The only services that the report suggests would be actually commissioned by GPs would be, “Third sector contracting, learning disability services and localised community services, such as those that focus on vulnerable groups with the poorest health outcomes are sensitive to local knowledge and should be procured at local level, supported by specialist commissioning expertise” … “However, even where it has been decided that clinical services should be most effectively carried out at a local level there may still be elements such as the technical aspects of procurement that are most effectively carried out at scale.”

In Appendix A (p.3) there is a table outlining the capacity and capability of ‘other [than the NHS] sectors’ to take on commissioning functions. This shows that the government believe the private sector to be capable of taking over the full range of commissioning functions. Private sector companies interested in this work include KPMG, United Health and others who have been lobbying the department of health for years. Earlier this year the UK division of US health insurance giant UnitedHealth sold its GP practices to The Practice, focusing instead on providing commissioning support to GP consortia. UnitedHealth also own a program called Script Switch, which automatically suggests cheaper alternatives when a GP types in a prescription. It can also be used to restrict the range of prescribable drugs. UnitedHealth have identified that commissioning, rather than general practice, is where the profits are. They have a history of restricting care in the US where they underpaid millions of people in New Jersey, Florida and California after determining insurance reimbursements for out-of-network care.

The report says (p.18) without any qualification, that CSO will save 25-50% of PCT costs. Presumably this just means they will just cut costs by 25-50% We’ve been given £25 per patient for admin in our CCG compared to the £60 our PCT had.

The government’s insistance that they are not privatising the NHS can no longer be justified. They have been dishonest.

The reason this matters is because, as it stands, the NHS is the most equitable and efficient universal healthcare service in the world.

Privatisation of healthcare services is associated with increased inequity, reduced access at a time of clinical need and increased costs due to the transaction and adminstration burden associated with running a market.

At a time of austerity we cannot afford to gamble with an experiment in privatising the NHS, nor can we afford to risk the care of our most vulnerable patients with an untested healthcare market.

The Privatisation of GP Commissioning by Richardblogger.

See also:

The Privatisation of GP Commissioning by Richardblogger (added 09.01.2012)

NHS bill is privatisation by stealth of healthcare. Guardian

Further privatisation is inevitable under the proposed NHS reforms. Clive Peedell BMJ

Other House of Lords Briefings by Allyson Pollock

To see the latest House of Lords briefings on the Health and social care bill, please check Allyson Pollock’s blog here: http://www.allysonpollock.co.uk/index.php?option=com_article&view=search&Itemid=3

House of Lords Briefing paper 4 by Allyson Pollock

Health & Social Care Bill 2011

Briefing note 4

House of Lords Committee stage

 Clauses 3, 4, 6 and 7 for debate on Monday 7th and Wednesday 9th November 2011

 Recommendations

With a view to ensuring that clinical commissioning groups (CCGs) would be responsible for planning and commissioning comprehensive services for all people in contiguous geographic areas throughout England, as primary care trusts (PCTs) do at present, and to retaining constitutional control, we recommend

 

  • on Clause 3 that amendments should be tabled to Clauses 7 and 10 to base CCG responsibility on contiguous geographic areas, thereby making monitoring of inequalities, and implementation of strategies to reduce inequalities and research on inequalities reduction feasible;
  • on Clause 4 that peers should support the Liberal Democrat / Labour / cross bench notice of intention to oppose the Question that Clause 4 stand part of the Bill;
  • on Clause 6 that this Clause is revisited in the light of resolution of Clause 1 and the constitutional issues;
  • on Clause 7 that an amendment should be tabled to give CCGs the duty to promote a comprehensive health service in their area.

Introduction

 CCG responsibilities do differ substantially from PCTs: registered populations will not be based on all residents within an area.

Lord Howe has sought to reassure peers that CCG responsibilities will not differ substantially from those of PCTs:

My noble friend asked me a yes or no question: are CCGs just like PCTs? In terms of population responsibility, the responsibilities are very similar. CCGs are responsible for patients on the registered lists of their constituent practices as well as having specific area-based responsibilities, as I pointed out, linked to their unique geographic coverage (Lords Hansard, 02 Nov2011: Column 1270).

However, Lord Howe and David Nicholson, the NHS Commissioning Board shadow chief executive, have made clear that unlike PCTs CCG areas are indeterminate and their responsibilities not comprehensive.

 Lord Howe stated in the Lords that CCGs will differ from PCTs in the following ways:

  • CCGs will not be formed on the basis of responsibility for all residents within a contiguous geographic area: “It is possible for individuals within that area to be registered with a GP practice which is a member of a different CCG. It would therefore be the responsibility of that other CCG (Lords Hansard, 02 Nov 2011: Column 1271).”
  • CCG responsibilities for services for all people in their area are not defined, apart from emergency care: “We must also ensure, when we exercise the power to set out other persons for whom a CCG has responsibility, to provide through regulations that a CCG has responsibility for ensuring that everyone in its area can access urgent and emergency care (Lords Hansard, 02 Nov 2011: Column 1267).”

David Nicholson confirmed the government’s position that in future residents in an area or in the same household may be able to choose their CCG on the basis of services provided by GPs. He said on the Today Programme (BBC Radio 4, 31 Oct 2011, 06:54):

We will publish information about general practices so you will be able to see what your general practice provides as compared with other GPs in the area and nationally … If you’ve got a long-term condition you might want to think in future about different GPs and whether they’re providing a full range of services for particular people with long term conditions.

Clause 3 (Amendments 21 – 33)

Clause 3 would impose a brand new duty on the Secretary of State to have regard to the “need to reduce inequalities between the people of England with respect to the benefits that they can obtain from the health service.” (A similar, though slightly different duty would be placed on the NHS Commissioning Board under Clause 20: new s. 13G).

This duty could be strengthened by requiring the Secretary of State to have a duty to reduce inequalities.

However, the problem with this Clause (and with new s. 13G) is that the duty would not be capable of effective fulfillment.

Public health analysis and needs assessment require comprehensive area based population data. This is the basis of current health system mechanisms for resource allocation and for the commissioning of public health measures designed to prevent or ameliorate systematic inequalities – both between groups of residents in an area and across and among areas – with respect to access to resources and services and their use and outcomes. Census estimates, adjusted for factors such as age and deprivation are used as the denominator for the population in such analyses. In future, public health analysis will not be able to be carried out in this way, because of the proposed shift from area-based (PCT) to GP list-based (CCG) structures. Denominators which rely on GP registrations to promote reductions in inequalities are inherently problematic because continuous enrollments and disenrollments affect accuracy, as does patient selection; the denominator will not be representative of all people in a geographically bounded area. Without the geographic population focus it will not be possible to monitor inequalities.

The apparent thrust of all the tabled amendments to Clause 3 is to be welcomed from the point of view of strengthening and clarifying the duty. However, none of them would ensure that reductions in systematic inequalities as regards resource allocation, and access to, use of, and provision of services would, in reality, be achieved for as long as CCG responsibility is not geographically bounded and serving all people in that area.

 We recommend that amendments should be tabled to Clauses 7 and 10 to ensure CCG responsibility is on the basis of a contiguous geographically bounded area. This will make monitoring of inequalities and implementation of strategies to reduce inequalities and research on inequalities reduction feasible. (Amendment 59A would go some way to remedying this problem, but is limited in its application.)

 

Clause 4 (Amendments 34 – 38)

The proposed ‘duty as to autonomy’ in Clause 4 would require the Secretary of State “so far as is consistent with the interests of the health service” in exercising his or her functions to act with a view to securing that any other person exercising functions in relation to the health service or providing services is “free” to do so in the manner they consider most appropriate and that “unnecessary burdens are not imposed on” them. (Clause 20: new s. 13F would impose the same duty on the NHS Commissioning Board.)

 This would substantially fetter the Secretary of State, impose a much higher legal test of the necessity of an action than currently, and increase the freedom of the NHS Commissioning Board, CCGs, and providers. It would restrict the content of the standing rules (Clause 17: s. 6E) and of the mandate (Clause 20: s.13A), which would be the most significant ministerial powers remaining were the Secretary of State’s duty to provide health services to be abolished under Clauses 1 and 10.

Clause 4 could also limit the minister’s power to extend coverage of people and services for whom CCGs are responsible (regulations under Clause 10(3): s. 3(1B)) or require the Secretary of State to exercise the power to exclude people from CCG responsibility, and thus from the health service (regulations under Clause 10(3): s. 3(1D)).

None of the tabled amendments seek to disapply the Clause to key powers such as the making of the standing rules, the mandate, and people for whom CCGs will and will not have responsibility. Nor do they seek to reverse the duty from one of positively acting to one of refraining from certain acts. Rather, they propose some very minor word changes which do not go to the heart of the Clause’s effect.

 We recommend that peers should support the Liberal Democrat / Labour / cross bench notice of intention to oppose the Question that Clause 4 stand part of the Bill.

 

 Clause 6, and Schedule 1 (Amendments 48 – 59)

Clause 6 establishes the NHS Commissioning Board as an independent body corporate with responsibility for holding CCGs to account. Schedule 1 provides that the Board is not to be regarded as a servant or agent of the Crown, and that its property is not to be regarded as property of the Crown. If the Board is not a servant or agent of the Crown and does not have the key duties of the Secretary of State, then the link between the Secretary of State and the NHS is severed.

The creation of a body independent of the Secretary of State to hold health service commissioners to account is inconsistent with the current duty of the Secretary of State to provide health services throughout England and drives a coach and horses through parliamentary accountability for around £100 billion of annual public expenditure. None of the tabled amendments deals adequately with this inconsistency or the constitutional issues.

 We recommend that this Clause is revisited in the light of resolution of Clause 1 and the constitutional issues.

 Clause 7 (Amendments 59A – 60A)

Clause 7 provides for the establishment of CCGs, with the function of arranging for the provision of services for the purpose of the health service in England.

If, however, Clauses 1 and 10 were to be enacted as they stand, the link between the duty to promote a comprehensive health service and the duty to provide health services throughout England would be severed.

Amendment 60A appears to address this issue, by declaring that CCGs have the function of safeguarding the comprehensive provision of NHS services. It does not, however, go as far as it could in seeking to restore the link.

The NHS Commissioning Board would have the duty to promote a comprehensive health service concurrently with the Secretary of State (Clause 6), and we recommend that an amendment to Clause 7 should be tabled to give CCGs the duty to promote a comprehensive health service to all persons in their geographic area. (Amendment 59A would go some way to basing CCG responsibility on contiguous geographical areas, based on local authorities, but is limited in its application.)

 Clause 10 is also particularly relevant to understanding the differences between CCGs and PCTs. These issues, and questions of clarification, have been raised in Briefing 1.

 Allyson Pollock, Professor of Public Health Research and Policy at Queen Mary, University of London

David Price, Senior Research Fellow at Queen Mary, University of London

Peter Roderick, public interest lawyer

Tim Treuherz, ex Head of Legal for Vale of White Horse District Council

 

06 November 2011

Referring patients

The history of the GP referral.

“… by 1900 The London Hospital [outpatients department] was seeing, on average, over 4200 out-patients a week or (excluding Sundays) over 700 a day. These patients were seen in the space of 2–3 hours each morning with the average consultation lasting about 1 minute or less, during which they were seen and prescribed a bottle of medicine by junior hospital staff.”

“Anyone with an eye for figures reading the Clerk’s report for St. Bartholomew’s Hospital for the year, say 1877, must, if previously unused to such facts, feel his mind somewhat unhinged by the statement that 157 947 patients were relieved at that institution in the course of the year. He might cut out the 5000 and odd in-patients, and the 780 women attended at their houses, but he would still be left with a total of 151 836 persons who were actually registered as visiting the hospital presumably for the first time, and having their complaints investigated and treated …”

Bridges, [who later became poet Laureate and worked as a casualty doctor] added that follow-up attendance were not included in the totals and a sizeable number escaped registration, so that the true total was nearer 200 000 than 150 000.

“The surgery [that is, out-patient department] is a large hall, 90 feet by 30 feet with rooms opening off it at the four corners … One half of the hall, with the rooms off it, is devoted to the women, the other half to men … The work is done in the mornings and patients are admitted at 9 o’clock [when] the doors are thrown open … [and] forcibly held ajar by the porters … This goes on until, at 10 o’clock precisely, the doors are forcibly shut. If anyone should go into the hall at about 20 past 9, he would see some 100 persons standing in an orderly manner … the women engaged in conversation, the men waiting in silence. If he goes out and comes in again at 11, he will frequently find the room nearly or quite empty.”

Bridges was deeply shocked by having to deal every day with:

“… some 200 paupers, who are many of them seriously ill, some mortally, many but slightly, but nearly all with considerable bodily inconvenience or pain which, unless disease be a joke, and this the whole constitution of our hospital forbids us to suppose, entitles them to his patient attention and
investigation, and demands”

Senior hospital staff were ambivalent towards the out-patient problem. They could, indeed should have seen that outpatient chaos was incompatible with good medical care, but they firmly believed that the larger the numbers of patients they claimed to have ‘treated’, the more subscriptions they would attract. But those who were loudest in their condemnation of this scandalous state of affairs were the GPs. In areas such as the East End of London, until the 1840s GPs earned (or scraped) a living by charging the working classes sixpence or a shilling for a visit to the surgery and sixpence for the inevitable bottle of medicine. Out-patients however was free, and as the number of patients increased GPs were forced to reduce their fees. Many went bankrupt. By the end of the 19th century it was clear that something had to be done because, as one correspondent put it in 1894: ‘The abuse of the hospitals’ out-patients departments is an evil so gigantic that the tendency is to regard it as being unavoidable … ’ He recommended that only cases which were ‘certified by a medical man as requiring special consideration’ should be admitted to out-patients.

Irvine Loudon, The Principle of referral: The Gatekeeping role of the GP

The origin of the GP referral and the gatekeeping role was born out of a crisis bought on by exponential demand on hospital outpatient departments.

“… at The (Royal) London Hospital the annual number of out-patient attendance was (in round figures) about 1000 in the decade 1800–1809, 17 000 in 1850–1859, and 220 000 in 1900–1909″

The solution was that ‘the physician and surgeon kept the hospitals and the GPs kept the patients’ meaning that the only way to access a hospital outpatients was with a letter of referral from a GP.

Unlike the university educated physician or surgeon, the origin of the GP in England was the apothecary or pharmacist, and the professionals had long looked down on them.

In the mid-nineteenth century, sensing competition, the powerful Royal Colleges, notably the Surgeons, did all they could to suppress the foundation of the Association [of General Practitioners], and contemporary accounts of the acrimonious debates which ensued make today’s jibes about arrogant hospital consultants and golf-playing GPs look distinctly insipid. General Practice, Past, Present and Future

After the National Insurance act of 1911 GPs earned enough to provide basic care for their poorer patients and avoid the need for specialisation, but nothing was done by the British Medical Association to tackle the variation in quality of General Practice and few GPs showed any interest in providing care in hospitals.

The reason for this historical preamble is to show how the divisions between GPs and specialists became entrenched, because how we address GP referrals depends almost entirely on the quality of this relationship.

A century later we face another crisis.

The reasons for the extraordinary rise in medical demand in the decades up to 1911 are still not understood. Neither, for that matter are the reasons for the rising demand in recent decades which has occurred at the same time as the population, by most measures has become healthier. I offer some suggestions in another blog post, ‘The Cost of Chronic Disease and the lack of NHS reform’

This crisis is not one of excessively busy outpatient departments bought on by an exponential increase in GP referrals, nor of an exponential rise in patient demand on GPs, but is a crisis of funding, manufactured by our coalition government who have flat-lined NHS spending. So-called ‘efficiency savings’ amount to £20bn over the next 4 years and according to a Tory peer who wrote to me about the health bill, ‘they will destroy the NHS’.

It is proposed that significant savings can come from reducing GP referrals. The bulk of the NHS budget is being given to GP commissioning consortia (GPCC) to spend ‘commissioning’ services for their patients. This means that whenever one of my patients is referred to hospital, either to an outpatient clinic or an A&E department in an emergency, or even if they go to A&E without a referral, the cost comes out of the GPCC budget. Any follow-up appointments, investigations, procedures, operations, inpatient stays, prescriptions and so on all contribute to the costs. Therefore the GP has little control over most of the costs associated with a referral.

Why do GPs refer patients?*

When a GP refers a patient it is usually for one of three reasons:

  1. investigation and/or diagnosis,
  2. treatment
  3. advice and/or reassurance for the patient and/or GP.

There are enormous variations in the rates at which GPs refer their patients. Up to 40% of the variation can be explained by patient characteristics, for example some GPs see more elderly patients, or work in more deprived areas. Up to 10% is explained by doctor characteristics including ability to tolerate uncertainty or cope with patient pressure.

Not referring patients

The first patient I ever made a decision not to refer had a headache. As an A&E doctor I could have referred him to a specialist, but I thought he was fit to go home. A few hours later his family bought him back to hospital because the headache was worse and he was confused and drowsy. On arrival at the A&E department he had a fit and despite emergency surgery for a bleeding blood vessel in his brain, he died not long after. It was a devastating start to my medical career and has influenced my practice ever since.

When Sally bent down to pick up her 3-year-old daughter, she suddenly felt a pain in the middle of her back. She was a healthy woman in her late 30s with no other symptoms. Three months later we sat down as a practice to discuss how it was that the breast cancer which had spread to her spine had been missed when she came in to see me complaining of back pain. I still feel awful when I think about her. As the responsible clinician I prepared for the critical incident meeting by researching all the recent guidelines for the assessment of patients presenting with back pain to make sure that neither I, nor any of my colleagues would make the same mistake again. I discovered in my research that the chance that a woman in her late 30s with breast cancer would present with back pain due to a spread of cancer to her spine is about one in a million. Back pain is one of the commonest complaints patients bring to GPs and accounts for between 5 and 10% of consultations. A GP is expected to be an expert at managing the vast majority of cases that do not need a referral and at recognising the one in a million that does.

The consequences to the patient, of a doctor failing to spot a serious disease will vary according to the length of delay. In some cases it will be fatal and in others it will make very little difference to the prognosis. In some cases, it will seriously damage the relationship between the doctor and the patient, but frequently it does not. The effect that it has on a doctors’ psychology and behaviour is not often examined.

I have made headaches one of my special interests and last year I spent time teaching other local GPs about how to manage patients with headaches. Some GPs were arranging a lot more brain scans and referring a lot more patients than others. Many of these GPs simply struggled more than others to manage the niggling doubt that their patients’ headaches might represent something really serious. Only one had ever seen a patient with a brain tumour, but all felt really pressured by patients who they thought were more anxious and harder to reassure than ever. They thought this was due to several contemporary trends including:

  • the loss of medical authority and dwindling respect for professional opinion
  • the conversion of patients into ‘consumers with rights’ to be referred if that is what they choose. A phenomenon called ‘healthism’
  • The tabloid obsession with exposing ‘GPs who missed something rare but serious’ which always concludes with the simple message to their readers, ‘if you’re worried about something insist your GP refers you to a specialist’.
  • The fear-mongering medical industry which uses patients’ anxiety to sell them unnecessary scans, backed up by alarmist media.
  • faith in technology which suggests that for every symptom there must be a physical cause and a technological solution.
  • Easier access to investigations which has led to doctors investigating more frequently and then raises patient expectations of investigations.
  • Many of our patients are from countries where doctors have a financial interest in scanning or prescribing and consequently expect to have a scan or a prescription for every complaint. Our patients are suspicious that we scan less in order to save money.
  • The NHS cuts and growing awareness of GPs as NHS budget holders in a time of austerity.

A detailed review of patient pressure for referral for headaches in 2006 showed wide variation in GPs ability to tolerate uncertainty:

This was particularly, but not exclusively, emphasised by GPs who described less clinical confidence:

‘ … I might refer people just for my own anxiety and fears of missing something, even if they’re not anxious. So, really, I suppose it depends on lots of factors.’ (GP 1803)

‘If we could refer everybody for an MRI scan tomorrow, we’d all have a lot more peace of mind. But we cannot, because there aren’t the facilities available. And so we have to live with uncertainty and we can, all of us, can only live with a certain amount — there comes a point where you just get uneasy and think “I need to be more sure about this”.’ (GP 2511)

However, problems of tolerating uncertainty were not fully explained by actual clinical competence or experience, as this GP observed:

‘We used to have a partner who is retired now who had pretty well double everyone else’s [referral rate], in spite of being very experienced, good at diagnosis and so on, but he couldn’t stand uncertainty.’ (GP3911)

Pressure to refer

Peggy has had terrible headaches for the last 2 years, a consequence of severe osteoarthritis in her neck. It keeps her awake for 2 or 3 nights a week and has not improved with physiotherapy, osteopathy or a range of medications.

Peggy is very anxious, she comes to see me almost every month and telephones for advice and reassurance almost every week. Together we have been through worries about breast and ovarian cancer, cancer of the spine and more recently concerns about her husband’s health. I was surprised that it took so long for her to admit that she was worried about a brain tumour. I had asked her before if she was worried about cancer, a stroke or some other serious underlying cause for her headaches. Even though we had agreed that the arthritis in her neck was to blame and she reassured me that my reassurance had reassured her. When eventually she phoned to say that she had arranged a brain scan privately I couldn’t help feeling disappointed, not with her, but with myself for failing to allay her fears. She apologized and said it wasn’t my fault, she said she trusted me and was sure that I was right, she hoped, sincerely that I would forgive her. She promised to come back and see me after the scan.

Peggy understands that one of the main roles of a general practitioner is to manage their patients’ anxiety. She, like millions of others like her, knows the pain and distress of coping with her own anxiety and she is embarrassed and upset by the effect it has on others at the same as she respects those who are able to cope with it, and haven’t pushed her away or abandoned her. She has bought in cards and small gifts of appreciation over the years, always expressing how sorry she is to keep bothering me with her worries and constantly afraid that one day I’ll say ‘enough’ because she has ‘cried wolf’ one time too many. Among my consistent reassurances is the assurance that she is not wasting my time. There is a therapeutic limit, a point at which seeking reassurance becomes an obsession, an end in itself, and we have bought this up and remind ourselves of it from time to time to ensure the relationship is therapeutic.

Like many of my most anxious patients, Peggy is socially isolated. She has very few close friends left. Not wanting to bother them who have enough worries of their own she keeps herself to herself. She self-medicates with alcohol and cigarettes, ‘anxiolytics’ in the pharmacological lexicon, drugs that relieve anxiety. The combined effects of poverty, financial insecurity, low levels of literacy and numeracy, poor housing and street violence add up to a high proportion of my patients suffering chronic, severe anxiety. My strongest impression of working as a GP for a couple of weeks in better off Salisbury was that the patients there were so much easier to reassure than in Hackney.

Peggy and her husband are better off than most of my patients and they have private health insurance which will pay for Peggy’s MRI brain scan. I could order an MRI scan myself, paid for by the NHS. I chose not to order one in part because I had no reason to suspect it to show any abnormalities, but also because investigations rarely provide more than a very short-term relief from anxiety and then raise the expectation that new symptoms need a similar level of investigation. Cost is not an issue at present. For the last few years I have been able to arrange MRI scans at no additional cost to the practice or PCT because the provider, InHealth was paid a block contract and we are still are a way off ordering all the scans that were paid for. It has changed the way local GPs order scans; many are ordered for knees, spines, and brains that previously would have first required a consultant referral and an expert opinion. Only rarely do they change clinical management, but they are raising our patient’s expectations. It will not be long before contracts like this finish, and every scan will incur a cost to the CCG.

Our local neurologist/ headache specialist explained that when a GP referred a patient with a headache they used to arrange a brain scan as a matter of course because a. they could, b. it was what the patient expected and c. it was what (they assumed) the GP wanted. Now he says he rarely arranges a scan because a. the GP has already done one or b. the GP has spent time and effort explaining to the patient why a scan is unnecessary. Just as verbal reassurance seeking can become obsessive, so can radiological reassurance seeking. Scans can cause physical and psychological harm. This ranges from exposure to radiation to ‘false-positive’ results that lead to more unnecessary investigations and increasingly risky procedures. Anxious patients are too numerous and too easily exploited to prevent the market growing in commercial organizations offering MRI and other scans.

Over-investigation in the NHS has never before been a commercial enterprise, but in recent years, because of the internal market, hospitals are paid for each procedure and ‘scoping for money’ has become a real risk. There are other more benign reasons for over investigation. Humans are social creatures and emotions are contagious, we infect others with a little of our joy, frustration, serenity and angst. Anxious patients make doctors anxious. When we are faced with one patient after another, day after day, infected with the anxiety associated with deprivation and social exclusion it can weigh heavily and influence our clinical management and so anxious doctors working in deprived areas tend to have above average referral rates.

All doctors, especially those who deal with the uncertain business of making a diagnosis out of their patient’s undifferentiated symptoms worry about missing a serious illness. It is a rarely challenged rule of medicine that faced with an anxious patient with physical symptoms, we first have to rule out a physical cause’ before dealing with the psychological distress. How far we go in ruling out a physical cause depends on our knowledge and confidence and on what it takes to reassure our patient.

Dr Mike Chester is a cardiologist with a special interest in ‘refractory angina’. Angina is a condition due to poor circulation to the heart that causes chest pain. The symptoms are almost indistinguishable from a heart attack. Refractory angina refers to the most severe cases with chest pain coming on unpredictably including at rest. Dr Chester discovered that by using psychological interventions he could significantly reduce his patients symptoms with a reduction in medical and surgical interventions and a rapid and sustained reduction in unscheduled admissions and heart attack rates. The key to this was ‘patient centred care’, letting patients take a lead in deciding what treatment they wanted. It is estimated that up to there are up to 50 000 unnecessary medical interventions for angina in the UK annually and one aim of his work is to try to reduce these excessive, high-risk interventions.

Why not refer?

The risks of over-investigation are particularly grave for some patients. Up to 50% of patients’ symptoms defy medical explanation and a significant number of patients repeatedly present with these so-called, ‘medically unexplained symptoms’. Research conducted by the Tavistock in conjunction with GP practices including our own has found that there are patients who repeatedly present to heir GP and to hospital with physical complaints for which no medical cause can be found. Although many do have chronic anxiety and/or depression, many do not. Identifying the most severe patients is often retrospective. In the days before electronic records they would have had the thickest sets of medical records, testament to the efforts of the medical establishment to find a cause of their symptoms. Accounting for approximately 1% of our practice population they outnumber patients with rare cancers many times over. What both groups have in common is that the diagnosis is too often delayed.

Carol eventually found a private consultant who offered a drastic solution to her severe abdominal pain and constipation. Over a period of about 20 years she had seen gastroenterologists and surgeons, dieticians, nutritionists, homeopaths and other alternative therapists. She had been scanned dozens of times and had endoscopies to inspect the inside of her bowels and operations to examine the rest of her abdominal and pelvic organs. Her gall-bladder and appendix had been removed, gut hormones and secretions measured and fragments of her bowel repeatedly studied. Eventually the surgeon suggested that he removed half of her large bowel. Even after this extreme intervention her symptoms remained. Finally she was referred to a psychologist who traced her symptoms back to an incident in her adolescence when she woke up after a very drunken party in which she believed she had been raped, but could not prove it and had never told anyone about it. After a year of therapy her symptoms had significantly improved and she was able to enjoy sex with her husband for the first time.

This demonstrates the risk of doing everything possible to rule out a physical cause without considering the psychological causes of ill-health. Medicine still suffers from a Cartesian divide between the mind and the body. Patients problems are divided into either physical or physical at a very early stage and those with physical ailments are psychologically neglected and vice-versa. Not only are the psychological needs of patients with biological illnesses neglected, but patients with serious mental illnesses like schizophrenia die prematurely from treatable medical conditions. Doctors are increasingly specializing in single organs or a smaller, more technical range of procedures with the result that they are becoming poorer at looking after the whole person. This is what the psychoanalyst Michael Balint referred to as ‘the collusion of anonymity’ in which, “the patient is passed from one specialist to another with nobody taking responsibility for the whole person”

As I have detailed in a recent post “A world without health professionals”, the most significant part of a GPs job is to manage the interface between suffering -what the patient presents with- and illness or disease. Only rarely is it necessary to refer patients to a hospital specialist for medical management. Our job, far more than diagnosing disease, is diagnosing ‘non-disease’, in other words, helping patients to cope with illness and suffering without imposing a medical diagnosis. Because a GP sees patient-defined suffering, the incidence of serious illness is much lower than in patients who present to hospital specialists, ‘gatekeeping is an effective way to increase the prevalence of serious disease in the population of patients whom hospital doctors see. Since a high prevalence of disease in a population ensures that the positive predictive value of signs and symptoms is increased, having effective gatekeepers turns out to make the diagnostic task of hospital doctors easier.’ The problem arises when patients with medically unexplained symptoms present to hosptial doctors, unlike GPs their emphasis is on exploring the biological possibilities, and it is here, rather than at the point of GP to specialist referral that the costs of excessive medicine arise.

A successful referral?

What then of a more straight-forward referral, where the GP has made the diagnosis and has referred the patient for treatment?

I visited Gordon at home last week. He has been housebound since his knee replacement a year ago. When I initially referred him to the orthopedic surgeons 2 years ago he was just about able to hobble into my surgery on crutches, in severe pain from osteoarthritis. The operation was delayed for a year because the anaesthetist wanted a cardiologist to review his heart failure before the operation. The cardiologist wanted to repeat a barrage of investigations which involved trips to different hospitals all over london to get the scans they wanted. Gordon was advised that the operation itself was safe, but the anaesthetic carried high risks because of his heart failure. He was torn between pain and disability and the possible fatal consequences of an anaesthetic and we spent several consultations over the year discussing his fears. We never considered the possibility that his knee might not improve; that he would be more mobile and in less pain was taken for granted. According to Hospital Episode Statistics released this year, only about 50% of patients report an improvement after a knee replacement. I know Gordon wishes he had never had the operation. As a GP I need to know the likelihood of my patients’ improving after surgery so that I can help them make an informed decision. But telling Gordon that there was a 50:50 chance of improvement may have been much less significant that the risk of dying under the anaesthetic. This raises questions about the limitation of the government’s obsession with patient choice of hospital provider. The orthopedic surgeon is only one part of a complicated network of different specialists working together in a different way for every unique, individual case.

Can GP referrals be reduced?

GPs are naturally cautious and every review of GP referrals has shown that they refer far more patients than could be justified by evidence-based guidelines alone. My review of headache referrals suggested that up to 40% of referrals were unnecessary and this is in line with other research. What I could not tell from reading the referral letters was how many of these apparently unwarranted referrals were to reassure the GP and/or the patient and how many were for management that the GP could or should have been able to do themselves. A decision to refer a patient is only one of a range of choices that GPs and patients make together (described in a previous blog, What’s the point of patient choice? ) After all these other decisions, the decision to refer may not have been made lightly, but after considerable negotiation and overladen with great anxiety.

Guidelines are rightly described as ‘guidance for the wise and rigid adherence for the intellectually moibund’. Clinical judgment cannot be simply over-ridden by guidelines as a reason for referral. One reason GPs defend using clinical judgement to sidestep evidence based guidelines is that patients such as young people with cancer present with atypical symptoms that do not fit the guidelines.

At the moment GPs throughout the NHS are reporting ‘enormous pressures’ to reduce referrals. Methods range from the draconian; being limited to four referrals a week, to the bureaucratic; referral management centres run by international businesses like United Health or Humana, whose profits depend on reducing the numbers of referrals. Earlier this year, the UK division of US health insurance giant UnitedHealth sold its GP practices to The Practice, focusing instead on providing commissioning support (referral management) to GP consortia. UnitedHealth also own a program called Script Switch, which automatically suggests cheaper alternatives when a GP types in a prescription. It can also be used to restrict the range of prescribable drugs. UnitedHealth have identified that commissioning, rather than general practice, is where the profits are. They have a history of restricting care in the US where were found guilty of fraud after they underpaid millions of people in New Jersey, Florida and California after determining insurance reimbursements for out-of-network care.

Update 11.11.2011: GP commissioneers impose locum referrals ban Pulse

Update 17.11.2011: Serious incidents at referral gateways Pulse.

A review of the literature on GP referrals concluded:

Targeting high or low referrers through clinical guidelines may not be the issue. Rather, activity should concentrate on increasing the number of appropriate referrals, regardless of the referral rate. Pressure on GPs to review their referral behaviour through the use of guidelines may reduce their willingness to tolerate uncertainty and manage problems in primary care, resulting in an increase in referrals to secondary care. The use of referral rates to stimulate dialogue and joint working between primary and secondary care may be more appropriate.

Many practices are telling patients that they cannot refer them until they have had a meeting with the other GPs in the practice to decide whether or not it is necessary. But there are too few examples of GPs and local hospital specialists working together.

My experience of headache referrals suggests that if the quality of referrals is improved, then the quantity will reduce. This needs peer support and appraisal from GPs who understand the pressures they are under. It also needs close collaboration with the local hospital specialists, so that both may benefit from the eachothers very different expertise, the GP with their knowledge of the patient and the specialist with their knowledge of the disease.

In summary

The pressure to refer patients is likely to increase due to factors beyond the control of GPs. These include the effects of social deprivation, health care marketing, ‘healthism‘ and the changing relationship between public and professionals.

Although there is evidence that many GP referrals could be avoided, there are patients who might benefit from referral who are not presently referred. The emphasis should therefore be on improving the quality rather than reducing the quantity of GP referrals.

There is a lot that can be done to improve the quality of GP referrals but the longstanding rift between GPs and specialists discussed at the beginning of this post remains a significant part of the problem. Payment by results and the purchaser-provider split adds to the problem by incentivising hospitals to over investigate and over treat, whilst pressuring GPs to under-refer, leading to mutual suspicion.

The ideological political ambition to open up the NHS to any willing provider of care, force patients to choose between these providers and have them compete with each other is anathema to collaborative, integrated care between GPs and their local hospital.

The enormous pressure that GPs are under, to save money rather than improve care, risks undermining the relationship of trust between doctors and patients. It risks referral decisions being overturned without consideration of the complex reasons behind the referral, in particular the psychological motivations of both GPs and patients.

And the perogative to reduce referrals in order to cut costs will put patients’ lives at risk.

References:

The principle of referral: The gatekeeping role of general practice http://www.ncbi.nlm.nih.gov/pmc/articles/PMC2233970/

General Practice: Past, present and future http://www.blackwellpublishing.com/content/BPL_Images/Content_store/Sample_chapter/9781405170703/Hastie%209781405170703_4_001.pdf

*Variation in GP referral rates: what can we learn from the literature? http://fampra.oxfordjournals.org/content/17/6/462.full

Patient pressure for referral for headache: a qualitative study of GPs’referral behaviour http://www.ncbi.nlm.nih.gov/pubmed/17244421

For an explanation of the issues, risks and benefits of screening see: http://www.healthknowledge.org.uk/interactive-learning/screening/chapter2

Mike Chester http://angina.org http://medicalharm.org

Why patients get unnecessary referrals. KevinMD blog

“Unsurprisingly, haemoptysis
often leads to specialist referral and the use of
investigations, but little information is available on
the outcome of hospital referrals for haemoptysis and
even fewer data are available to guide cost effective
decision making in primary care”. Alarm symptoms in early diagnosis of cancer in primary care:
cohort study using General Practice Research Database

Breast and prostate screening NY Times http://nytimes.com/2011/10/11/opinion/cancer-screenings-are-a-gamble.html

Why hasn’t integrated care developed more widely in the USA and not at all in the UK? http://jhppl.dukejournals.org/content/36/1/141.abstract

Limits to demand for healthcare http://www.bmj.com/content/322/7288/734.full

A world without health professionals?

My response (that was moderated for hours and left me assuming it had been refused) to an excellent provocative blog by Richard Smith, Time to get rid of health professionals?

What patients want from their doctor are explanations for their suffering. As described by the medical historian Henry Sigerist, the demands on the ‘medicine man or woman’ have changed little in the last 2000 years even though we health professionals have. We have un-bunged the pill-bottle and released the genie of modern medicine and done our damndest to separate the modern empirical doctor from our ancient ancestors who were magicians and priests, but the failure of science to dent the ‘alternative health industry’ is just one example of the failure of modern medicine to provide an adequate explanation for much of human suffering.

In many instances, people choose the interpretation and hence the ‘healer’ that fits with their belief system. Richard’s question, posed on Twitter was, “What would a world without health professionals look like?” It would be a world full of health non-professionals who would step in to provide alternative explanations for human suffering. Clearly the role of science and evidence based medicine is invaluable and has saved countless lives, but it only deals with a tiny part of our patients’ needs. History tells us what a world without health professionals would look like: the ancient ‘medicine man or woman’ was far more than the modern equivalent, being an intermediary between the spirit world and the patient, or God’s representative, exorcist, adjudicator, protector of the tribe and more. Unlike the modern doctor, they would never attempt to reassure their patients’ that their symptoms could not be explained and hence were nothing serious.

The fifty year old woman I look after who has spent most of the last 30 years under the care of gastroenterologists, surgeons, gynaecologists and pain specialists confessed last week that she blames all of her symptoms on her forced marriage at the age of thirteen. Another woman who has puzzled head and neck specialists for decades says she knows she won’t get better because is being punished by God for an ‘indescretion’ over 50 years ago, unresolved because her husband died suddenly just when she had resolved to tell him.

Working in general practice today, whilst not on the whole cognisant of our ancient heritage, it is clear that we are the descendents of our mystical forebears, not that we have trained this way, nor that we choose to be, but it’s what our patients demand of us. It is what I meant in the previous post, what is a GPs role today? ‘we are what our patients’ make us’.

As brilliantly articulated in Iona Health’s recent Haveian Oration, the most significant part of a GPs job is to manage the interface between suffering -what the patient presents with- and illness or disease. Only rarely is it necessary to refer patients to a hospital specialist for medical management. Our job, far more than diagnosing disease, is diagnosing ‘non-disease’, in other words, helping patients to cope with illness and suffering without imposing a medical diagnosis.

Even for patients with established disease such as diabetes or heart failure, most presenting symptoms are ‘non-disease’, real, somatic symptoms (not imaginary) but symptoms that cannot be explained in biological/ medical terms.  The proportions of people who present to doctors with symptoms that defy medical definition is surprisingly consistent be it the centre of a modern metropolis or in a village in North West Afghanistan or Nepal (both are places I have worked).

Looking after people who present this way is the most time-consuming, challenging and valuable part of our work. Protecting patients from unnecessary medical intervention and reducing medical costs may be the best we can do, but it’s clearly not enough for patients who are rarely reassured by our lack of explanation and are rightly suspicious of our position as healthcare rationers.

What is also clear is that it is inadequate to dichotemise symptoms into those that science can explain and those that it cannot. A more rounded medical education can help, but the best education comes from listening to our patients stories.

This work cannot be measured in terms of productivity; there is no measurable difference to the patient, no data gathered, no drugs prescribed, blood results generated, biometric data tweaked. It is invisible work and the reforms threaten this by turning patients and their care into commodities which require value adding at every interaction.

The future is one in which the business of managing disease may, as Richard suggests be increasingly removed from health professionals, but disease management is only a part of what we do.

The future will, I hope, be one in which human relationships are central, and one in which the desire for meaning is taken seriously. And the GP will be much closer to his or her ancient ancestors than the scientific doctor Sigerist envisaged or Richard Smith believes us to be.

Further reading.

The Therapeutic Relationship. Kings Fund report by Iona Heath and Trisha Greenhalgh

House of Lords briefing paper 3 Peers should vote for amendment 3 on 2.11.2011

Health & Social Care Bill
House of Lords Committee stage
Briefing Note 3

Peers should vote for Amendment 3 on Wednesday 2nd November in order to stop the government abolishing the Secretary of State’s duty to provide the health service in England and to protect a comprehensive health service for England

We are at a critical moment in the debate over the government’s wish to abolish the duty of the Secretary of State to provide the health service in England.

We are concerned that the House of Lords should not accept abolition of this duty when it continues its debate on Clause 1 of the Health and Social Care Bill on Wednesday 2nd November 2011. To do so would undermine a comprehensive service because it would facilitate selection of patients and services by commissioners and providers.

There are four positions: (see the 38 degrees website for more details)

(1) The government wants to abolish the duty. If Clause 1 is allowed to stand this will happen (see Appendix).

(2) Amendment 5, tabled by Labour and some cross benchers, is a minor amendment to Clause 1. It will not prevent abolition of the duty.

(3) A Liberal Democrat/Labour/cross-bench amendment would preserve the duty (Amendment 3), as requested by the Constitution Committee. It would basically keep the same words that have been in place since the 1946 National Health Service Act. Crucially the amendment acts as a bridge between the duty to promote in section 1(1) and the duty to provide in section 3(1) of the National Health Service Act 2006 Act. It would also lay the necessary foundation for further essential changes to the Bill.

(4) Lord Mackay of Clashfern has tabled two amendments that are reported to have the support of government and some Liberal Democrat and cross-bench peers.

These amendments would have the effect of abolishing the Secretary of State’s duty to provide the health service in England, and would do two other things.

First, the amendments basically restate the government’s Clause, and add particular reference to the Secretary of State’s power to intervene when:
• there are failures by the NHS Commissioning Board, NICE, Monitor, the Care Quality Commission and the Information Centre;
• in an emergency, services are not being provided; or
• there are breaches of the duty to cooperate, especially by Monitor and the Care Quality Commission.

This is not the same as having a legal duty to provide the health service in England.

Second, the MacKay amendment declares that the Secretary of State retains ultimate responsibility to Parliament for the provision of the health service in England. This statement was described by Lord Harris of Haringey in the debate last week as “very strange” language, not found in Acts of Parliament. It is a political, rather than a legal statement, and may not be acceptable to Parliamentary drafters.

Peers committed to a comprehensive, universal NHS throughout England should support Amendment 3 in the first instance. This amendment has been tabled by Liberal Democrat Baroness Williams of Crosby, cross bencher Lord Patel, Labour’s frontbench spokesperson Baroness Thornton and Constitution Committee Chair Baroness Jay of Paddington.

Allyson Pollock, professor of public health research and policy, Queen Mary, University of London; David Price, senior research fellow, Queen Mary, University of London; Peter Roderick, public interest lawyer; and Tim Treuherz, retired head of legal services, Vale of White Horse District Council
28th October 2011

Appendix
Clause 1
1 Secretary of State’s duty to promote comprehensive health service

For section 1 of the National Health Service Act 2006 (Secretary of State’s duty to promote health service) substitute –
1 Secretary of State’s duty to promote comprehensive health service

(1) The Secretary of State must continue the promotion in England of a comprehensive health service designed to secure improvement-
(a) in the physical and mental health of the people of England, and
(b) in the prevention, diagnosis and treatment of illness.

(2) For that purpose, the Secretary of State must exercise the functions conferred by this Act so as to secure that services are provided in accordance with this Act.

(3) The services provided as part of the health service in England must be free of charge except in so far as the making and recovery of charges is expressly provided for by or under any enactment, whenever passed.”

Amendment 3

BARONESS WILLIAMS OF CROSBY, LORD PATEL, BARONESS THORNTON, BARONESS JAY OF PADDINGTON

Page 2, leave out lines 2 to 4 and insert—
“(2) The Secretary of State must for that purpose provide or secure the provision of services according to this Act.”

Amendments 4 and 8

[4] LORD MACKAY OF CLASHFERN

Page 2, leave out lines 2 to 4 and insert—
“(2) For that purpose, the Secretary of State—

(a) retains ultimate responsibility to Parliament for the provision of the health service in England, and
(b) must exercise the intervention and other functions of the Secretary of State in relation to that health service so as to secure that services are provided in accordance with this Act.”

[8] LORD MACKAY OF CLASHFERN

Page 2, line 7, at end insert—
“(4) For the purposes of this section, the intervention functions of the Secretary of State in relation to the health service in England are the functions of the Secretary of State under—
(a) section 13Z1 (failure by the Board to discharge any of its functions),
(b) section 253 (emergency powers),
(c) section 82 of the Health and Social Care Act 2008 (failure by Care Quality Commission to discharge functions),
(d) section 67 of the Health and Social Care Act 2011 (Monitor: failure to perform functions),
(e) section 242 of that Act (failure by NICE to discharge any of its functions),
(f) section 266 of that Act (failure by the Information Centre to discharge any of its functions), and
(g) section 285 of that Act (breaches of duties to co-operate).”

Amendment 5
BARONESS THORNTON, LORD HUNT OF KINGS HEATH, BARONESS FINLAY OF LLANDAFF, LORD WALTON OF DETCHANT

Page 2, line 3, after “to” insert “provide or”