BUPA Tender - What can we all do?
What next?
We need to be very clear that all we can do is present the facts, pose the questions and let each and every individual make their own decision. We cannot take collective action and we cannot collude - that is anti competitive. What is interesting though is that the Opthamologists faced the same issues and were unhappy enough with the implications for their profession that were raised as regards clinical governance and professional autonomy that they individually decided not to take part in the tender process. Despite what BUPA might claim there is no effective opthamology preferred provider network in the UK.
It’s an understandable reaction to say that BUPA is so important to my business that I cannot afford to ignore the tender. The truth is our clinical independence and commercial autonomy is so important to us that we all have to think, independently, but very hard about the consequences of taking part in this process.
Let’s be clear that signing up to this tender will:
1. Start the erosion of the very clinical autonomy that allows us to deliver the best outcome for our patients.
2. Tendering will mean a loss of choice for patients and will effectively break our contract with them. Tendering will mean you have a legally binding contract with an Insurance company who will be able to dictate who you see and how you treat and the price you can charge for doing so.
3. Tendering is no guarantee of success - BUPA have made it explicitly clear that tendering at a level below the guide pricing is more likely to lead to success.
4. Tendering will mean agreeing to some very one sided terms and conditions and if you think for a moment that BUPA have the desire or resources to negotiate with us all separate terms and conditions then please think again.
5. The other insurers will follow if this tender process is successful - that’s almost guaranteed in my eyes.
6. I also think that what is on the table today and indeed not on the table today will change at some point and if you think your negotiating position is weak today then once you have a contract and a network is established it’ll actually be weaker.
What can we all do?
1. Write to BUPA the CSP and to PhysioFirst and let them know about your concerns and pose your own questions. Do not hope that someone else will do this on your behalf. We all owe to our patients and to the profession we care so much about to do that much.
2. Talk to your fellow practitioners both locally and nationally. Nobody is alone and nobody should feel bullied in to acceding to BUPA’s demands. We all share the same concerns.
3. Tell as many people as possible about this site to ensure that everyone is well informed. The site is a blog - it is open, everyone is allowed their say - we don’t agree with all the views expressed but we live in a democracy
4. All take part in the polls on The Polls Page we can use this in submissions to the press and the OFT so get voting - it’ll only take a few minutes!
What will we do?
There are potentially a number of angles we can follow up on but given the time constraints (imposed by BUPA) everyone needs to think very hard about submitting a tender as there are still many unanswered questions, valid concerns about clinical governance and autonomy and the outstanding legal action involving formal complaints to the OFT being submitted by the CSP. Our view is that we should not have to be rushed in to making decisions with such serious implications.
1. Continue to apply pressure to the CSP to do more. If I contrast the CSP’s efforts and the clarity of the messages they put out with other groups like FIPO I see a huge difference. I think that the CSP could do more to inform. They could do more to ensure every physiotherapist in the UK is better informed so they can make an independent and reasoned decision as to what to do. I think given the serious implications of this tender process the language the CSP use could be clearer and less ambiguous. Have a good look at the following website and you decide for yourselves.
Federation of Independent Practitioner Organisations (FIPO)
2. We will continue to inform as best we can and keep the dialogue going by updating this site regularly.
3. We will attempt to get some independent legal advice on a number of aspects this tender process raises namely:
a. conflict of interest issues raised by BUPA’s role as an insurer and provider through its’ ownership of BUPA Wellness
b. possible abuse of dominant market position by both BUPA and PPP
c. legality of some of the contractual terms contained within the tender document
d. the cost implications and contractual obligations of providing the enhanced claims management and processing service as defined in the proposed terms.
e. to appraise and understand the requirement for physiotherapists to be registered with and regulated by the FSA to qualify them to advise their patients about insurance cover terms and conditions.
f. the cost implications and contractual obligations of providing the enhanced claims management and processing service as defined in the proposed terms.
g. the implications of the proposed contract terms being ultra vires i.e. beyond the capacity of physiotherapists to contract.
h. the conflict that arises with physiotherpaists obligations under their contract with their patients because of the application of “Sessional Averages” which constrains the physiotherapist from independently applying the full extent of his/her clinical expertise thereby increasing exposure to claims for negligence from patients.
i. the continual pressure for physiotherapists not to discuss matters with ‘BUPA members’ undermines physiotherapists obligations to their patients.
4. Consider lodging our own complaint to the OFT about both BUPA and PPP
5. Pursue the appropriateness of the clinical aspects proposed by BUPA
The meeting last night showed that there are lots of us who care deeply about this profession and want to hold on (rightly) to our clinical governance and autonomy because we care about what we do and our patients.