CMA to ‘escalate’ enforcement action against non-compliant private hospitals

The Competition and Markets Authority has published an open letter explaining that it is now escalating public enforcement action against non-compliant independent hospitals and consultants in breach of its Private Healthcare Market Investigation Order.  

Independent hospitals, NHS private patient units and consultants are all required to submit data to the Private Healthcare Information Network – the independent, government mandated organisation publishing performance and fees information about private consultants and hospitals – under the CMA’s Private Healthcare Market Investigation (PHMI) Order 2014. The PHMI’s measures are designed to increase the availability of information to patients enabling them to make more informed decisions. It supports the CMA’s aim to achieve: “lower prices, higher quality or greater choice of private healthcare services in any market for private healthcare services in the UK”. 

The CMA’s letter provides an update on the enforcement action taken under PHMI Order against private hospitals who have breached the Order and “warns” those hospitals and consultants who have made “little or no effort to comply” with their legal duty that the CMA is “escalating its public enforcement action”.

The PHIN sets out details of the escalation processes explaining that it ensures sufficient opportunities are given to avoid escalation and, ultimately, provides “a fair and transparent” basis for any subsequent procedures to take place.  

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