November 2015 Issue 76
www.independent-practitioner-today.co.uk
INDEPENDENT PRACTITIONER TODAY
The business journal for doctors in private practice
In this issue
Encounters with the meeja A marketing expert shares her tips on getting vital media exposure for doctors P16
A lesson in hospitality
Seeing behind the scenes at a leading hotel is complementing cancer care P26
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Are you fixing prices?
By Robin Stride
Independent practitioners are being urged to urgently review if they are competing fairly over fees following the first case of a consultants’ group breaking competition law. The Consultant Eye Surgeons Partnership (CESP) Ltd, representing interests of 37 limited liability partnerships (LLPs) and their 200 consultant members, was fined £382,000 by the Competition and Markets Authority (CMA) last August after admitting liability for a number of infringements (Indep endent Practitioner Today, September 2015). But the CMA believes many consultants may remain unaware how
competition law can affect the way they work. Now it says it wants to help doctors’ businesses ensure they avoid making the same errors. Ultimately, it suggests doctors take legal advice over any concerns that the way they operate could risk breaking competition law. CMA’s senior director for antitrust enforcement, Ann Pope, stressed it was important for private consultants to ask themselves who their competitors were. She agreed it might seem an odd question when patient care was the primary focus. But she said competition played a vital role in ensuring self-pay and insured patients benefited from a well-functioning market – lower prices, more choice and better quality.
Mrs Pope warned consultants working as part of a group to check they were not discussing or sharing information that could land them in trouble: ‘If you and your fellow group members work as part of an LLP or limited company and only apply your services via this intermediary, then you are part of one economic unit and any discussions you have internally about fees would not be a competition issue. ‘The situation becomes more complicated if you also work as a sole trader outside the group, as well as being a member of a group, as decisions made internally within the group could then be used to influence your commercial conduct as a sole trader – such as
the fees that you may charge for specific procedures.’ Choices about fees or whether a group intended to accept an insurer’s or facility’s package price should be made independently and not as a result of discussion with other consultant groups. CESP said it had paid the fine in full, noted the CMA’s comments and taken appropriate action. In our next issue, Mrs Pope will explore the case in more detail. n Independent Practitioner Today readers can get ten minutes of free legal advice from niche healthcare lawyers Hempsons by phone on 020 7839 0278, 9am5pm Monday to Friday. n See feature on page 34 and the CMA’s latest plans on page 50
Opportunity to sort out your finances Pay and pensions are the two biggest questions we are asked about – so get Monday 22 February in your 2016 diary right now! For Independent Practitioner Today is teaming up with the Royal Society of Medicine (RSM) to present a seminar called ‘Your fees, your pension – your future: how doing nothing is not an option’. There will be talks from top speakers Ray Stanbridge, of Stan bridge Associates specialist medical accountants, and Simon Bruce of In association with
Cavendish Medical, plus plenty of opportunity to ask questions. The free event at the RSM in Wim pole Street, London, begins with 7pm registration for a 7.30pm start and ends at 8.30pm with a one-hour drinks reception and chance to mix with Harley Street area colleagues. In April 2016, private doctors will see a host of regulatory changes which could impact on their fin ances – a lower lifetime allowance pension limit, a cut to high earners’ annual allowance rates and higher
taxes on company profit dividends. The Chancellor’s consultation on pensions tax relief could also mean significant changes. As ever when storm clouds gather, your main priority should be to check the status of your own finances. Does your wealth need protecting? Do you have a plan for the future? This is the ideal time to review your current situation and ensure your long-term security. Major changes are also forecast for private practice in the next five
years such as a rise in self-pay patients, declining insurance business, group growth, salaried consultants and re-imbursement increasingly linked to economics. Ray Stanbridge will review trends and show how to adapt to take advantage of new opportunities and avoid potential hazards. This exclusive event is for Independent Practitioner Today readers, RSM members and invited guests. Apply for registration at www.rsm.ac.uk/feespensions2016.