Competition Authority report on GPs within the GMS


On Friday (the 9 July 2010) the Competition Authority published its report on competition amongst GPs within the General Medical Services system. This report is the final of three from the Authority dealing with GPs, the previous two reports having been issued a couple of years ago.

A number of recommendations are made in this report which the Authority states will improve competition in the area. They include:

  • Access to GMS contracts should be open to all qualified and vocationally trained GPs who meet general suitability criteria.

  • GPs in possession of a GMS contract should be free to set up in a location of their choice, or to move location.

  • When deciding to award a GMS contract in a particular area, there should be no requirement to take account of the viability of the existing practices in that area.

  • The marking system for the awarding of GMS contracts should be altered so as to ensure that equal points are awarded for similar levels of GP experience and that applicants already in possession of a contract are not treated more favourably.

There is also a recommendation that the process for determining payments to GPs under the GMS be altered. The Authority recommends that in future, payments to GPs should be decided unilaterally by the Minister for Health and Children following consultation with GPs and/or the IMO, not on the basis of agreement with the IMO. The IMO has said that this recommendation may be overtaken by an existing commitment from the Government to review Section 4 of the Competition Act 2002 to enable the IMO to represent its members in negotiations with the HSE and the Department of Health and Children.

The Authority acknowledges in the report that implementation of its recommendations would not be a straightforward matter, given the agreement of the IMO is required to any change in the GMS contract.

It remains to be seen what political interest there will be in pursuing the recommendations. The report was released the day after the Dail rose for its summer vacation, so it will be some time before there is discussion of the recommendations at that level.

Media coverage of the report was overshadowed somewhat by the release on the same day of the report to the Minister of Health from an independent group of economists and healthcare professionals. One of that group’s main recommendations is that GP fees would be capped at €40.

David Phelan
dphelan@hayes-solicitors.ie