GenPro meets ComCom: Letter details shared

A preliminary meeting has been held between the General Practice Owners Association and the Commerce Commission following the filing of a complaint arguing the funding contract system for general practices is unfair.

GenPro chief executive Mark Liddle, by text, says an initial “high level only” meeting was held with the commission on 25 September. Specialist GP and GenPro chair Angus Chambers, Mr Liddle and the organisation’s legal team attended the meeting with the commission. The meeting was the first since GenPro filed its complaint on 12 September with the commission, alleging the Government’s contracting process with general practices via PHOs is in breach of the Fair Trading Act 1986.

A week after filing the complaint, GenPro released to New Zealand Doctor Rata Aotearoa the seven-page complaint letter to the commission by law firm Anthony Harper. It outlines how the general practice contracting system works, via the sector’s two main funding agreements: the PHO Services Agreement and the Contracted Provider Agreement (CPA), also called the “Back-to-back” agreement.

Key terms of the CPA are imposed by the PHO Services Agreement despite the contracted providers having no say in the terms of the services agreement, the letter explains.

The lawyer’s letter concludes: “If these unfair terms are not addressed, general practitioners will be unable to continue serving communities, and the level of available healthcare will fall. All New Zealanders will suffer as a result.”

The commission is currently assessing the GenPro complaint before deciding whether to investigate. It is understood to be aiming to complete this process within 30 days of receiving the complaint on 12 September.

In an emailed statement, Martin Hefford, Te Whatu Ora director living well, says: “Health NZ is unable to comment on GenPro’s complaint while it is being considered by the Commerce Commission.”