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'Unfair and illegal': GPs lay complaint with Commerce Commission

Author
Michael Morrah,
Publish Date
Fri, 13 Sep 2024, 7:05am

'Unfair and illegal': GPs lay complaint with Commerce Commission

Author
Michael Morrah,
Publish Date
Fri, 13 Sep 2024, 7:05am

- General Practice Owners Association has filed a complaint with the Commerce Commission over what it believes are 鈥渦nfair鈥 contracts.

- There are concerns Health New Zealand has the ability to 鈥渄ictate鈥 the terms of GP funding.

- General practice funding issues are putting additional strain on already overburdened hospital emergency departments.

General practice owners have filed a complaint with the Commerce Commission over 鈥渦nfair鈥 and 鈥渋llegal鈥 contracts which they argue are harming the delivery of healthcare for all New Zealanders.

The General Practice Owners Association [GenPro], which has filed the action, has also warned it鈥檚 a 鈥渄istinct possibility鈥 that more people could die in emergency department waiting rooms unless the Government听urgently invests in primary care.

GenPro chairman Dr Angus Chambers told the听Herald听its members don鈥檛 have any true ability to negotiate how they鈥檙e funded given the Government can issue directives that practices have no choice but to accept.

He acknowledged general practice owners are 鈥渁t the table鈥 for negotiations but have 鈥渧ery limited ability鈥 to influence decisions.

鈥淭he contracts imposed on us with no effective input are unfair. We believe they are illegal and breach the Fair Trading Act,鈥 he said.

Dr Angus Chambers works at Riccarton Clinic in Christchurch. 12 September, 2024. Photo / George HeardDr Angus Chambers works at Riccarton Clinic in Christchurch. 12 September, 2024. Photo / George Heard

He said the state can compulsorily vary contracts and believed GPs had 鈥渘o power鈥 to intervene or challenge the decisions.

鈥淲e鈥檝e asked the Commerce Commission to investigate the fairness of the contracts that GPs operate under, and we are seeking intervention from the Commerce Commission,鈥 he told the听Herald.

Chambers accepted the decision to lay a formal complaint was drastic, but said it was ultimately about听trying to ensure GPs were properly funded听so they could cut wait times and make GP visits more affordable for patients.

General practitioners believe proper investment in the sector would attract more GPs to the profession which would reduce staff burnout and enable patients to be seen sooner.

鈥淕enPro has tabled the complaint on behalf of its members, but this affects the healthcare of all New Zealanders,鈥 he said.

GP practices are funded according to the number of patients they have enrolled in a system known as capitation.

In July, the Government offered an extra 4%听on the amount a practice gets paid per patient which was widely criticised as inadequate and disappointing.

Dr Bryan Betty is the chairman of General Practice New Zealand. Photo / SuppliedDr Bryan Betty is the chairman of General Practice New Zealand. Photo / Supplied

General Practice New Zealand chairman Bryan Betty told the听Herald听he understood why there were frustrations with the system.

He said the Government offer of 4% was 鈥渁 lot less鈥 than expected.

鈥淭he Government can dictate what is in those contracts or what the uplift is in capitation. There was no room to negotiate that [the 4% offer],鈥 he said.

鈥淎 compulsory variation comes in over the top and the Government says, 鈥楾his is what we鈥檙e giving you. That鈥檚 it鈥.鈥

The听Herald听has approached Health New Zealand for comment but the agency is yet to respond.

More deaths a 鈥榙istinct possibility鈥

Last week the听Herald听revealed patients at a GP and urgent care clinic in 艑tara were听queuing from 6am in the cold听in the hope of being seen by a GP.

Chambers said when people are queuing or have trouble getting appointments with their community doctor it puts more pressure on hospital emergency departments.

GPs are seen as the front door of the health system and a functional system ensures health issues are picked up early, debilitating illness is prevented, and people are kept out of hospital.

Referencing a听patient who died waiting three hours to be seen听at Rotorua Hospital鈥檚 emergency department, Chambers said such a tragedy could happen again.

鈥淲e have warned that this situation is possible and, unfortunately, it鈥檚 coming to pass.鈥

Health New Zealand has said it鈥檚 conducting a review of the incident.

Betty was also concerned there could be other incidents due to the 鈥渋ceberg of problems鈥 building up and he urged the Government to act.

鈥淲hat we do know is those areas which are constrained in terms of general practice or don鈥檛 have enough capacity within the community sector are putting disproportionate demand on emergency departments.

鈥淲e are seeing that all over the country at the moment and this is a real, real concern. We need to address the problem of what is happening in the community in general practice at this point,鈥 he said.

Michael Morrah听is a senior investigative reporter/team leader at the听Herald. He won the best coverage of a major news event at the 2024 Voyager NZ Media Awards and has twice been named reporter of the year. He has been a broadcast journalist for 20 years and joined the听Herald鈥檚 video team in July 2024.

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