Introduction
In the mid 1970s, Robert Alford outlined a theory of ‘structural interests’ to explain the interactions he observed between doctors, managers and ‘the community’ in the New York health system during the previous decade (Alford, Reference Baeza1975). This theory, postulating a durable and structurally embedded conflict between managers wishing to rationalise and bureaucratise health services, and doctors seeking to maintain and extend their professional monopoly, has strong face validity, and has been used by analysts studying health systems across the world. However, the situated nature of Alford's work has not always been recognised, resulting in analyses that simply seek to identify within a new context categories equivalent to those that Alford found in New York in the 1960s. In this article we return to the fundamentals of Alford's thesis: that the structure of health services tends to systematically and automatically privilege certain interest groups. Using data from a detailed study of the introduction of Practice Based Commissioning (PBC) in the English National Health Service (NHS), we ask what interests are served by the new structures, especially the Payment by Results (PbR) system, adopted since 2002, and which interest appears to offer a challenge. The article is split into six sections. A discussion of Alford's ideas is followed by an explanation of the policy context surrounding PBC and PbR and a description of our methods. The following two sections describe our findings in relation respectively to what Alford terms ‘dominant’ and ‘challenging’ interests. The concluding section proposes new concepts of structural interests in health care and discusses the implications of our findings for the politics of health care in England.
Structural interests
The context for Alford's study was the health system in New York City. Rising costs, poor life expectancy, high rates of infant mortality, and poor access to services for the significant proportion of the population not covered by health insurance generated both a continual sense of crisis and a string of ‘commissions of investigation’ in the two decades following the second world war. Analysing the reports of these commissions, Alford concluded that: ‘the principal barriers to health care reform lie in the powers of strategically structured interests’ (Alford, Reference Alford1975: xiii). He defined these ‘structural interests’ in terms of the extent to which their ‘interests [are] served or not served by the way in which they “fit” into the basic logic and principles by which the institutions of society operate’ (ibid: 14). Alford identified three categories of ‘structural interests’. ‘Dominant interests’ are those ‘served by the structure of social, economic and political institutions as they exist at any given time. Precisely because of this, they do not have to organise and act to defend their interests’ (ibid: 14). Nevertheless, Alford argued that internal and external social pressures and resulting shifts in structures will give rise to ‘challenging interests’, seeking to establish themselves as the new legitimacy. Finally, he argued that ‘repressed interests’ are ‘the opposite of dominant ones . . . the nature of institutions guarantees that they will not be served unless extraordinary political energies are mobilised’ (ibid: 14, italics in original). Alford does not define ‘interests’, other than stating that they should not be seen as synonymous with pressure groups or interest groups. This suggests that he implicitly espoused an ‘ideal-regarding’ concept (Fishkin, Reference Fishkin1979) whereby the analyst (rather than the actor) identifies interests, while it is interest groups that act in pursuit of their perceived interests (Alford, Reference Alford1975: 13–14). This distinction explains how internal conflicts can arise within structural interests (p. 14): Alford states that ‘my assumption in making these key distinctions is that the similarities of structural location vis-à-vis each other of these major structural interests warrant an emphasis on the common aspects of each rather than on their internal differentiation’ (Alford, Reference Alford1975: 192, italics added).
In the specific context of New York in the decades prior to 1970, Alford identifies the ‘dominant interest’ as the ‘professional monopolisers’: that is, doctors, medical schools and public health agencies who have an interest in maintaining ‘control of the supply of physicians, the distribution and cost of services and the rules governing hospitals’ (Alford, Reference Alford1975: 14). As an example, Alford argues that the medical staff who dominated the running of New York hospitals at that time were so committed to maintaining lucrative private practices that they ran the hospital as their ‘workshop’, resisting the expansion of emergency room care or other services for uninsured customers (ibid: 196). Furthermore, he argues that the structural privilege enjoyed by dominant interests was such that: ‘even health reforms accommodate themselves to the existing interests and privileges of physicians. Medicare [the US federally funded service for older people], for example, explicitly allows hospitals to provide doctors with free equipment and space’ (ibid: 196). For Alford, the structural nature of dominant interests means that their dominance becomes ‘taken for granted as legitimate, as the only possible way in which these health services can be provided’ (ibid: 17, italics added).
Alford identifies pressures within the New York health system that tended to generate or empower a challenge to the status quo as: the increasing complexity of medical care, increasing specialisation among physicians, and the rising costs associated with the introduction of increasingly complex technologies. For managers of the system, these pressures implied a need for greater coordination between services and more efficient bureaucratic management. Alford labels this challenging interest as ‘corporate rationalisers’, and argues that this group has an interest in ‘breaking the professional monopoly of physicians over the production and distribution of health care’ (Alford, Reference Alford1975: 15). Finally, for Alford the ‘repressed interests’ at that time and place were the poor, the uninsured and those whose incomes pushed them just above the threshold for Medicaid (US state programmes for the very poorest people) assistance: ‘These are “repressed” or negative structural interests because no social institutions or political mechanisms in the society insure [sic] that these interests are served’ (ibid: 15).
Alford's analysis implies a resistance to change, rooted in the ‘dominance of the private sector and of the middle class’, going on to argue that ‘government policy is not fundamentally important, except insofar as the policy is that of not interfering with the private sector’ (Alford, Reference Alford1975: 254). He also argues that one explanation for the durability of the structural relationships that he describes lies in the fact that both dominant and challenging interest groups had a common interest in reaching a compromise, which acted to entrench the status quo (ibid: 262). For the professional monopolisers, corporatist reforms at the margins that brought more low-income groups into the pluralistic market for health care could only be a good thing, while for the corporate rationalisers any reform that allowed them to plan some portion of the service, if only at the margins, was a step in the right direction, enhancing the status of the managers involved, and providing kudos for the politicians responsible. Thus, the New York scene in the 1960s was, according to Alford, dominated by the development of small-scale schemes to provide care for disadvantaged groups, while the overall problem of a large uninsured population was not addressed.
Alford's analysis is essentially situated, and the categories identified as ‘dominant’ and ‘challenging’ (professional monopolists and corporate rationalisers respectively) relate to New York City in the late 1960s, although, as noted above, he was pessimistic about prospects for substantial change. Perhaps partly because of this pessimism, the situated nature of his theory has often been missed or elided by those analysts who have used it as a framework to explore the nature of health systems at other times and in other places. Some make no reference to the time or place of Alford's study (for example, Ham, Reference Ham2004; Lewis and Considine, Reference Lewis and Considine1999), while others seem to take his original categories as read. Duckett's analysis of the Australian health system states that Alford ‘identifies the dominant interest in the health sector as being “professional monopolist”’ (Duckett, Reference Duckett1984: 959, our italics), suggesting that Alford's analysis applied to ‘the health sector’ as a whole. Similarly, Cho examines interactions between practitioners of traditional eastern forms of medicine and those advocating western-style pharmacology and states that: ‘[Dominant structural interests] are manifest in the form of “professional monopoly”’ (Cho, Reference Cho2000: 124), suggesting that such interests are permanently dominant. Some authors have stressed that the identity of structural interests is an empirical matter (Barnard and Harrison, Reference Barnard and Harrison1986; Harrison and Ahmad, Reference Harrison and Ahmad2000: 138). However, it is analysts who question the relevance of Alford's categories to UK general practice (North, Reference North1995; North and Peckham, Reference North and Peckham2001) that have provided the most critical uses of his work. In addition to Alford's pessimism about change, the durability of his categories as manifest in the health policy literature is perhaps due to its ‘uncluttered’ character (North, Reference North1995) and the strong face validity of ‘professional monopoly’ and ‘corporate rationalisation’, within an academic community for whom the analysis of professionalism and the conflict between professionals and managers within health systems have long been prominent topics for discussion and investigation.
Although several analysts have applied Alford's approach to the NHS, reaching different conclusions about whether professional monopolists or corporate rationalisers were dominant at particular times (for example, Harrison and Ahmad, Reference Harrison and Ahmad2000; Ham, Reference Ham2004; Baeza, Reference Baeza2005), none has questioned his categories. In this article we abandon this implicit assumption that professional monopolists and corporate rationalisers are immutable analytic categories, thereby liberating us to ask more general questions about structural interests. Drawing on an empirical study of so-called ‘practice-based commissioning’, we return to Alford's original question: what interests are systematically served by current structures? We suggest that new structures of resource allocation within the NHS systematically serve a structural interest that we term ‘corporate monopolists’, and that the contemporary challenge to this interest is from a group of doctors that we term ‘professional rationalisers’.
Contemporary structural context in the English NHS
Since the late 1970s, money was allocated to the NHS according to a formula which took into account factors such as population size, age-sex profile, service usage and mortality. However, this relatively crude allocation could not easily compensate hospitals for the fact that general medical practitioners (GPs) were free to refer patients to any hospital; it could take two years for hospitals to be paid for the treatment of patients from outside their area (McDonald and Harrison, Reference McDonald and Harrison2003). The system also included built-in incentives for hospitals to limit activity, since any increase in patients would have to be paid for out of the existing allocation. Between 1991 and 1997 the Conservative government attempted to address these anomalies by introducing the ‘internal market’ in the NHS (Flynn and Williams, Reference Flynn and Williams1997), whereby local Health Authorities (and, to a limited extent, GP fundholders; Glennerster et al., Reference Glennerster, Matsaganis, Owens, Hancock, Robinson and Le Grand1994) were expected to ‘purchase’ care for their local population from hospitals on an annual contract basis. The Labour Party opposed this policy while in opposition (Labour Party, 1994) and, on coming to power in 1997, abolished GP fundholding and modified the internal market, replacing annual contracting with longer-term ‘service agreements’. ‘Contracting’ was renamed ‘commissioning’, and Health Authorities were gradually replaced by Primary Care Trusts (PCTs), who took over responsibility for the commissioning process (Department of Health, 1997). The NHS Plan (Department of Health, 2000) emphasised the role of patient choice in improving services, and this, along with a desire to provide incentives for Trusts to improve efficiency, provided the impetus for the development of a payment system that was more responsive to the movement of patients about the system. Payment by Results (PbR) was introduced in 2002 (Department of Health, 2002) and implemented gradually; elective surgery was the first area included, then out-patient attendances, and A&E by 2008/2009. Community and mental health services are not yet covered.
Under PbR, each episode of care is allocated to a casemix category called a ‘Healthcare Resource Group’ (HRG), each of which attracts a standard payment under a national tariff. Hospitals that provide care more cheaply than this can retain the surplus, while hospitals with higher costs must cover the loss (Department of Health, 2002; Dixon, Reference Dixon2004). It is of note that hospitals themselves categorise cases, allocating episodes of care to HRGs; thus the system of PbR puts the hospital in the position of control. Cases may be ambiguous, allowing hospitals to choose to allocate the episode to the HRG attracting the most income, and studies have demonstrated the coding process to be approximate, at best (Bajaj et al., Reference Bajaj, Crabtree and Tucker2007). Furthermore, whereas prior to PbR hospitals and PCTs agreed a cap on the number of cases that would be reimbursed, under PbR everything is paid for on a per-case basis, with PCTs expected to pay for every intervention carried out on one of their patients, with resulting pressure on their budgets (Bevan and Robinson, Reference Bevan and Robinson2005). Klein puts it thus:
If in the past the NHS was a model of economy, it was partly because no one had an incentive to maximise activity. But as the new model NHS emerges, payment by results to hospital providers will provide such an incentive. As the NHS inevitably becomes a demand generating machine, so the challenge of accommodating competing demands within a constrained budget will become more acute. (Klein, Reference Klein2007)
Contracts (‘service level agreements’) specify quality requirements, such as penalties for failing to operate on patients with fractured hips within a specified time, or for the number of patients contracting a hospital-acquired infection, but PCTs may not refuse to pay for patients that have been treated within the terms of the agreement, even if their budget is exhausted. It is clear, therefore, that this new system has potential implications for PCTs, as hospitals undertaking more work than they had done historically would be paid more; consequently the official documents setting out these changes also emphasised the importance of commissioning by PCTs to maintain a balance in the new environment (Department of Health, 2002: para. 3.2). In this context, Practice Based Commissioning (PBC) was introduced in 2005, in part to generate front-line medical engagement with the commissioning process:
Practice based commissioning . . . is about engaging practices and other primary care professionals in the commissioning of services. Through PBC, front line clinicians are being provided with the resources and support to become more involved in commissioning decisions. (http://www.dh.gov.uk/en/Policyandguidance/Organisationpolicy/Commissioning/Practice-basedcommissioning/DH_4138698, accessed May 2008)
While not prominently expressed in these terms in official documents, there is little doubt that policy-makers hoped that this involvement of GPs would improve the effectiveness of commissioning (Checkland et al., Reference Checkland, Coleman, Harrison and Hiroeh2008) and go some way towards countering the incentives for hospitals to treat more patients that commentators suggest are inherent under PbR (Marini et al., Reference Marini, Miraldo, Jacobs and Goddard2008). Under PBC, general practices are allocated an indicative commissioning budget, but it has become clear (Coleman et al., Reference Coleman, Harrison, Checkland and Hiroeh2007) that most PBC is undertaken by groups of practices (‘consortia’) pooling their budgets and working together. Guidance suggests that this budget should cover all PbR activity, prescribing costs, community services and mental health (Department of Health, 2006a), although it is perhaps significant that PCTs seem more likely to devolve budgets for activity that is already coded as discrete events (HRGs) than those which are not yet covered by PbR (Checkland et al., Reference Checkland, Coleman, Harrison and Hiroeh2008). Any savings made under PBC can be reinvested in additional services, providing an incentive to keep patients away from relatively expensive hospitals and to seek cheaper alternatives.
A further ingredient in this policy mix is the Foundation Trust (FT), semi-independent from the NHS and introduced in 2003 in the teeth of considerable opposition (Toynbee, Reference Toynbee2003; Wilmoth, Reference Wilmoth2004). Government rhetoric asserts that FTs will ‘incentivise innovation and entrepreneurialism’ (http://www.dh.gov.uk/en/Healthcare/Secondarycare/NHSfoundationtrust/DH_4062806, accessed March 2008). FTs are regulated outside the mainstream NHS hierarchy by an organisation known as ‘Monitor’, which also emphasises the need for FTs to behave in a business-like manner (http://www.monitor-nhsft.gov.uk/publications.php?id=998). FTs are able to employ staff according to locally negotiated terms and conditions, enter into partnerships with the private sector and are governed by a board that includes elected patient/public representatives (Department of Health, 2005a). Unlike ordinary hospitals, FT Board meetings are not open to the general public. Crucially, and also unlike ordinary hospitals, FTs are both able to build up surpluses and at risk of insolvency. It therefore seems likely that their behaviour towards commissioners will be generally more combative than has been seen in the NHS in the past (Marini et al., Reference Marini, Miraldo, Jacobs and Goddard2008).
Methods
The data presented here form part of a wider study investigating PBC in England (Checkland et al., Reference Checkland, Coleman, Harrison and Hiroeh2008; Coleman et al., Reference Coleman, Harrison, Checkland and Hiroeh2007). The study involved detailed data collection in three ‘early adopter’ PCTs, selected purposively using prior contacts and knowledge about the early development of PBC. We chose the sample to obtain a good coverage of a range of consortia types (size, ways of working, priorities for PBC) rather than as a representative sample. Within each PCT area one or more PBC consortia were chosen to follow in greater depth. This recruitment was pragmatic, based upon willingness to give up the time required to participate. Our sample consisted of five consortia within the three PCTs, as follows. In site 1, there was a single consortium covering the entire PCT area. In site 2, there were multiple consortia and all were invited to participate, but some declined. We therefore decided to study three in order to maximise variation in population size, and stated priorities and so on. Site 3 also had multiple consortia, from which we were able to gain access to the earliest adopter. The resulting sample provided consortia that varied widely in patient population, number of general practices, budgetary allocation and governance arrangements. (A fuller description of the sample is given in Checkland et al., Reference Checkland, Coleman, Harrison and Hiroeh2008.) NHS ethical approval was obtained for the entire project via the MREC procedure (01/11/06 06/MRE02/81). NHS research governance approval was obtained from relevant PCTs.
Data collection comprised observation, interviews and analyses of available documentation. We took the view that interview responses cannot be taken as a straightforward representation of the world ‘as it is’; interview data were seen as a constructed object that arises out of the interaction between interviewer and interviewee in a particular context. Comparing interview responses with data collected by observation of both formal meetings and informal gatherings of actors allowed the development of a more nuanced understanding of the situation under investigation. Meetings of many different types and addressing many different topics related to PBC were observed in each study site (a total of 68). These included board meetings, meetings with ‘rank and file’ members, meetings with PCTs, meetings between different consortia and meetings with hospital staff. Semi-structured interviews (a total of 46) were also undertaken with relevant actors in each consortium and the associated PCT, including GPs involved in PBC, ‘rank and file’ GPs not directly involved, practice managers, PCT chief executives, PCT staff engaged in commissioning, and appropriate officers of health care provider organisations who had both gained and lost referrals as a result of PBC decisions in the areas studied. Broad topic guides for the interviews were developed to reflect our understanding of the main issues surrounding the development of PBC, based upon reading of relevant Department of Health guidance, and subsequently modified to allow testing of emerging analytical themes. Documents relating to meetings were collected, along with any other available documents that seemed to be relevant. These were analysed alongside the interview and observational data, and provided a further useful point of comparison between what might be termed ‘public’ information disseminated in written form and more private or contingent information discussed orally. We treated the comparison of data from multiple sources as a matter of reflection rather than as a simplistic test of validity (Murphy et al., Reference Murphy, Dingwall, Greatbatch, Parker and Watson1998: 184).
The interview and fieldnote data were analysed together with the assistance of Atlas.ti software, which helped organise the large amounts of data collected, and provided a useful space within which the team could work together on the analysis. First-level coding (Miles and Huberman, Reference Miles and Huberman1994) involved the categorisation of responses and incidents recorded in fieldnotes according to a framework developed from careful reading of PBC policy documents. Subsequent analysis involved more inductive coding, and emerging themes and theoretical ideas were discussed and refined at team meetings throughout the research. The precise definitions and uses of codes were discussed, and team members were able to review and discuss each other's coding decisions, allowing continued refinement of the analysis. Memos were written which analysed and drew together emerging theoretical issues. In the following sections, respondent quotations and extracts from fieldnotes are employed to illustrate the analysis.
Dominant interests
Alford argued that ‘dominant’ interests are those favoured by current structures. Under PbR, hospitals, especially FTs, have an incentive to maximise their activity, provided they can perform that activity at a cost that does not exceed the tariff (Marini et al., Reference Marini, Miraldo, Jacobs and Goddard2008). Thus increasing efficiency and overall activity, along with ensuring that all activities are coded and therefore claimed for, are obvious objectives (Kurunmäki and Miller, Reference Kurunmaki and Miller2008). However, since the rules of PbR make hospitals responsible for the categorisation of episodes of care into HRGs, it is also in hospitals’ interests to look for easier ways to increase revenues, such as coding cases so as to secure maximum possible payment for each activity. Thus, whereas under the system that existed prior to PbR (whereby hospitals were paid for providing a specified volume of cases) a consultant asking a colleague for an opinion would be unlikely to register this as a referral, under PbR such activity will be logged and coded, attracting payment as a ‘new outpatient’ event. PbR also encourages Trusts to ensure that telephone requests from GPs seeking advice are also coded and charged for. Thus activity that was previously invisible is visible under the new system, placing further pressure on PCT budgets. A priori, therefore, the system of PbR puts hospitals in a dominant position and encourages them to act to maximise their income in ways that will disadvantage commissioners of care. We found that, working within the rules, hospitals in all our sites had increased their income from commissioners without necessarily increasing activity.
In meetings and interviews, respondents emphasised the perceived distortions occurring as a result of PbR, with FTs regarded as particularly aggressive:
there is not going to be large dollops of new money coming out of the Treasury, and . . . I don't know how long payment by results is going to last because it's obviously causing massive distortions in the healthcare market. [GP board member, ID 7]
It's been up and down, tense, they went through this initial becoming a Foundation Trust, becoming very nervous about their income streams; you know, would they be here tomorrow, all that kind of – you know – defensiveness and arrogance and aggression that flows from that defensive behaviour through . . . riding high for a period and thinking they ruled the roost and they could do as they pleased. [PCT employee, ID 78]
In all our sites, respondents complained in interviews and in meetings that hospitals had engaged in ‘gaming’ in order to maximise their income:
Also, I mean, the PCT refers to certain HRGs as being ‘cash cows’. The problem at the end of the day is they [the hospital] worked within the rules of PbR . . . I mean, you couldn't accuse anybody of fraud or anything like that; they did what was required of them; they were just very, very clever and they did it before we realised they were going to do it, there was no discussion about it. So you'd go to a contract meeting you'd say . . . ‘Our follow ups have gone up rather a lot, and we've been doing a lot of work around [reducing] our follow ups; why would that be?’ And it was, like, ‘Well, you have to pay for all the pre-op assessments now’, ‘Oh, well, we haven't had a discussion about that; we haven't agreed that.’ But they said, ‘Oh no, it's in the rules, there it is, in the rules you're now paying for those.’
Q: Yes, whereas previously they'd been, it was a package as part of the operation you got the pre-op assessment?
A: Yes . . . [PCT employee, ID 22]
[Foundation Trusts are] hugely powerful beasts, hugely powerful beasts . . . and they are playing games with mis-coding and things at the moment. [PBC board member, ID 57]
whenever you . . . create this tariff structure, you create gaming, and once you create gaming, perverse incentives take over rather than patient care, so it's difficult, you know; we have a duty to make sure these perverse incentives are not allowed to continue, our duty to the patient . . . the NHS money is not being wasted or misused by the Trust. [GP board member, ID 6]
Indeed, the incentives inherent in PbR were felt to have actively prevented hospitals and GPs from working together to reduce admissions and overall costs to the NHS:
[Extract from Fieldnotes:] [PCT employee, ID 11] outlined progress so far [on reducing admissions] and the background to this. One of the biggest growth areas in Admissions has been in . . . ‘obstetric N12s’ . . . admissions of pregnant women when they are not in labour – it might be for blood pressure or . . . [monitoring of the foetus], or for treatment of a urine infection . . . The growth seems to be because of the decline in the role of the community midwife who built personal relationships with her clients and who would go and assess these women at home, often out of hours. Many of these admissions currently come from worried women who turn up in A&E. They believe that 80 per cent of these short admissions are avoidable, and this could save up to £1.25m. Last year they had a plan for this, which was worked out with the Obstetric clinicians, and involved spending £100k to employ two midwives to provide telephone . . . advice, support and so on from 8 am to 9 pm. The FT clinicians are keen because it would reduce their workload, empty their beds and allow them to concentrate on the real problems. This was almost ready to ‘go live’ when the Director of Finance at the FT heard about it and stopped it, on the grounds that each N12 admission nets the FT £500, and stopping it would reduce the FT's income. [notes from PBC board meeting, ID 5]
The perceived dominance of hospitals under the PbR regime was reinforced by the fact that ‘patient choice’ was generally not acting as the Department of Health assumed in the areas that we studied. Guidance relating to PbR suggests that patients will choose from a variety of hospitals, putting pressure on them to offer a better service (Department of Health, 2002, 2005b). In practice, however, commissioners believed (and in at least two cases had survey evidence) that patients generally wished to be treated in their nearest hospital:
They all just want to go to [local hospital]; it's very rare . . . you can look at your screen and say ophthalmology, you can go and be seen in [a different hospital], not terribly far away within the next seventeen days or you can go to [local hospital] and they'll see you within seventy days . . . 90 per cent will still say, oh no, [local hospital] but you can be seen in seventeen days at [different hospital] no, no, I'll stick to [local hospital], so that we don't really move many further afield. [practice manager, ID 50]
This local loyalty entrenches the structural advantage enjoyed by hospitals under PbR, ensuring that commissioners police themselves and their activity so as to avoid action that might destabilise the hospital. Commissioners were anxious not to put their local Trust under pressure by taking work away:
it might put our acute trust at risk. You know, if we are taking services out of the acute trust, how does that impact on their ability? . . . I think, as a PBC, we are certainly conscious of it that we don't want to put our main provider at risk. You know, we are quite aware that they have quite a big [capital repayment] bill that's going to hit their door and that they have to start paying for that, so you have to balance that with being able to provide services as another provider, local to patients . . . but you know in whose interest, whose interests are we serving? I suppose in the end it is the patients’, and then you have to think, what serves them best is having a [hospital] on their doorstep that can manage its books. [PCT employee, ID 32]
Finally, hospitals were able to protect their monopoly by forbidding discussions about services between the consultants whom they employed and GPs involved in PBC:
Q: There was a time wasn't there, when, didn't the [hospital] stop you talking to the consultants?
A: We were banned . . . from December to September of last year, so it was about nine months.
Q: And why was that?
A: Well, my understanding is that we had some GPs who were going outwith the normal route, who were representing PBC, or saying they were representing PBC, meeting with consultants from the FT outwith those formal meetings, and asking them to come and work with GPs in PBC . . . and the Foundation Trust obviously found that extremely threatening . . . and they just withdrew their consultants and said to the consultants you do not meet up with anybody from the PCT, so that really delayed all our work and that was a very difficult period. [PCT employee, ID 21]
Challenging interests
PBC is not explicitly or officially identified as a counterweight to PbR, but its structures seem likely to have this effect. Thus PBC consortia that make savings on their budgets (by, for example, reducing referrals and/or prescribing) are guaranteed at least 70 per cent of this saving to reinvest in new services for their patients. Furthermore, services equivalent to outpatient services that are provided outside the hospital setting are not subject to the PbR tariff, providing an incentive for consortia to establish community-based alternatives to hospital services that will be charged at less than tariff prices, saving money that can be reinvested.
Our respondents argued that PBC was the tool required to combat the power of Trusts under PbR:
[In answer to a question about motivation to take part in PBC] . . . Seeing the local foundation trust when it became foundation and its behaviours before and after that. And seeing that . . . PbR is a licence to print money potentially, it's a self-commissioning tool and seeing that the natural balance is the PBC. [GP board member, ID 3]
We found evidence in all our sites that those involved with PBC saw it as their role to challenge hospitals’ coding of patients:
[extract from Fieldnotes:] If we're concerned that we are being billed for questionable activity, then if we can't reach agreement, then you can have it in the contract to appoint auditors to physically go to the hospitals and pull out the relevant records and sort it out. [extract from PBC board meeting, ID 6]
Referrals between consultants were a particular concern, as these had increased considerably since the introduction of PbR. Commissioners sought to ensure that consultants and other hospital clinicians did not cross-refer without approval from the referring GP:
[Extract from fieldnotes] Discussed the consultant to consultant referral protocol. This document was sent to all the local providers. [Two hospitals] were both happy with it – one actually welcomed it – but [local hospital] were said to be unhappy. The policy sets out when consultant to consultant (or other health professional to consultant) referrals are allowed and when they are not. They are not allowed from Outpatients UNLESS there is an emergency, and the policy also severely limits referrals from A&E to consultants. It seems that this is part of the sticking point.
[ID 5] asked if what they were suggesting was out of step with elsewhere?
[ID 22] said that no, many PCTs just had a blanket ban on ANY within-hospital referrals.
[ID 5] wondered why the FT was like this, and asked if they had any levers with which to bring about change? [ID 22] said that they write it into the contracts that they will refuse to pay if any such referrals happen, but that they are not always easy to pick up, because the data is manual . . . it might need a GP to do it effectively. One problem is that consultant-to-consultant referrals are coded as ‘other’ by the local hospital, along with a rag tag of other contacts. Other hospitals code them explicitly, making the process much easier. [ID 5]
Some PCT staff reported that GPs were prepared to be more challenging than PCTs had been prepared to be in the past:
This . . . let's call it assertiveness of the GPs in the community. . . is going to be quite interesting; you know, they are stronger, would you say anti-[hospital], you probably wouldn't say anti, but anti the dominance of the [hospital] than the PCT are; the PCT acknowledge that and then try and find a way round it; the GPs are quite keen to have a challenging relationship. Now the flip side of that is, they could have the more challenging relationship because the lack of constraint on them brings ambition and opportunity and radical approach; so I'm sort of quite encouraged but I just, it's not an experiment, but it's going to be interesting. [PCT employee, ID78]
Some respondents reported that they were intending to use contracts to specify in great detail how patients should be managed:
[Treatments are] benchmarked against national policy, saying that they will provide, you know, this is the level of care they will provide: for example, you break your hip, you go in, the evidence suggest that you get operated on within 24 hours, so there are tariffs. It says, if you do this much percentage with 24 hours we will award you extra money, 48 hours we will award you less and, and they are dynamic and they change every year, and we are developing these for every single provider, and they are going to be embedded within contract, so it's performance management of provider contracts, which has never happened before. [GP board member, ID 4]
One of our sites had gone a long way down this route, and claimed to have made considerable savings from enforcing agreements. Conditions such as arthritis of the hip, deep vein thrombosis and cholecystitis were all the subjects of ‘patient pathway’ development. Some respondents saw ‘evidence based medicine’ as a means of challenging hospitals:
[Local area consultants can be idiosyncratic] . . . it's fair to say that, and that's always the problem isn't it, and that's why, you know, you can actually get stuck on one clinician, as you say, idiosyncrasy, but what we try to do is within the pathway work, yes, still work with a lead clinician from the foundation trust, but we will have our PBC clinicians and other practitioners there, who can bring some challenges into that process, you know, and that's where you can bring in some national guidance to support you on that and also where . . . [web-based tool to help find clinical evidence] and things like that can actually help . . . can also help you to challenge some of those idiosyncrasies. [PCT employee, ID 21]
Others expressed a more general desire to use the incentives and levers available to them to challenge hospitals:
So you may have . . . like around here, well, we don't have many urologists, but we have a population that requires urologists. So there should be ways of putting pressure on the secondary care sector providers to provide proportionately to the requirements of the community that they're meant to be serving, rather than empire-building in the hospital, and the way of doing this is empower the community to pay, to have the money and then say to the secondary care: ‘we want to buy this service. If you can't provide it we will have to buy it somewhere else.’ [GP rank and file, ID 42]
However, respondents also reported limits to the impact of their challenges. Even where cases had been demonstrably miscoded by a hospital, there was reluctance to exert financial pressure:
And this one practice have found that a number of paediatric charges had actually been charged as new outpatients, when in actual fact they were follow-ups; well, you know, that's £30, £40 difference between the two. So somebody said, ‘How can we trust the data?’ And I said, ‘Well you just have to take it on face value really, I mean you can't check every single patient through,’ so somebody else shouted out, ‘Well, let's stop paying them until they get it right.’ Well, I've suggested that we should not pay them for certain things, but there seems to be this unwritten law that you can't destabilise the global health economy. [PBC board member, ID 57]
Furthermore, those PBC consortia that did not commission mainly from a single hospital had little influence:
I suppose it is very much . . . you have to be realistic and pragmatic . . . if we go to [nearby trust] and say ‘Right, from now we want X to happen in dermatology’, then they are unlikely to accede to our demands, are they, because we are only 2 per cent of their business, and they will say we can't work with many different models. [PCT employee, ID 28]
However, towards the end of the fieldwork period, there were signs of the development of joint ventures between hospitals and PBC consortia, although such movements toward joint working were rudimentary, and seen most clearly in the site with least competition between providers:
Myself and Chair got banned last year from talking to [hospital doctors] . . . the chief exec at FT . . . felt that we were trying to poach his clinicians . . . he put this letter out saying to all his consultants, you will face disciplinary action if you talk to me or Chair, which was great because half of them are friends anyway . . . I mean, it was just silly; I play golf with them on a Friday, but I couldn't talk about work, but you know, everybody laughed about it because . . . it was the public sector gone mad, and that's now been lifted . . . and there are discussions to be had about joint ventures now . . . we are talking about future [service] developments might actually be joint ventures with staffing help. [GP board member, ID 4]
Conclusions: theory and implications
We have argued that our study of the early stages of Practice Based Commissioning in England has confirmed Alford's contention that health service structures (in this case the development of Payment by Results) systematically privilege certain interests above others. In this specific context, the dominant structural interest comprised by the hospitals can be labelled as ‘corporate monopoly’. Hospitals are monopolists under this structure because their ability to define their workload and income, combined with the reluctance of patients to travel and of commissioners to destabilise local services, gives them a local monopoly in a context where the market has come to be seen as the natural way to organise health services. Contrary to Alford's picture of managers across an area working together as ‘corporate rationalisers’, rationally planning to service the health needs of a population, hospitals are incentivised by PbR to compete with and draw business from their local competitors. It is important to note that this monopoly is corporate in that it is the hospital as an institution that possesses this status, and that hospital medical staff share in this interest, with their ability to provide clinical care and pursue their clinical interests (and, more remotely, perhaps, their jobs) dependent upon the hospital's economic fortune. This does not mean that there are no intra-hospital conflicts; as noted above, hospital doctors may be expected to act in ways that run counter to their own immediate interests: for example, where consultants were forbidden to have any contact with PBC consortia. In our analysis, these are interest group conflicts, occurring within a structural interest.
The challenging structural interest constituted by PBC can be labelled as ‘professional rationalisers’. This challenging interest is professional, in that it was being clearly led by GPs. Nurses and other practice employees rarely played major roles within PBC groups, and GPs and PCT employees commented in interviews that the strength of PBC lay in the clear lead role played by GPs, who have both the clinical knowledge and the appetite to challenge the hospitals. We found evidence of PBC consortia challenging hospitals’ coding of cases and being prepared to challenge consultants on clinical grounds, using their professional knowledge to argue about clinical care. PBC consortia constitute a rationalising interest in the sense that they are behaving in ways that are essentially formal and bureaucratic, justifying their demands in terms of guidelines such as those produced by NICE and its Scottish counterpart, and on National Service Frameworks, and seeking to govern their relationship with hospitals through formal rules, such as ‘patient pathways’. Like the corporate monopoly, the professional rationalising interest is likely to exhibit internal cleavages; for instance, it is clear that initiators of PBC in specific localities had their own agendas (Checkland et al., Reference Checkland, Coleman, Harrison and Hiroeh2008).
In disrupting the association made by Alford and subsequent analysts between corporate organisations as rationalisers and the medical profession as monopolists, we have sought to identify new structural interests in the context of the English NHS. What are the implications? First, Alford argues that, over time, dominant and challenging structural interests will move towards establishing a modus vivendi. In our study this was manifest as embryo joint venture schemes. From a structural interest point of view, this movement towards joint working makes sense, in a context where competition is rudimentary, particularly at the level of individual patient preferences. The corporate monopolists within hospitals would be able to neutralise the challenge from the commissioners by holding them close and tying them in to joint ventures. The professional rationalisers would gain influence over the services provided by the hospital, embedding their rationalising agenda and thereby enhancing their status. The development of patient pathways requires agreement between referring and providing clinicians, as a pathway that hospital clinicians refuse to follow will be ineffective. It is therefore in the interests of professional rationalisers to work closely with a small number of hospitals to develop an agreed ‘rational’ pathway rather than putting services out to tender to a wider network. Moreover, this observation connects with current proposals for the development of what have been labeled ‘Polyclinics’ in the UK (Department of Health, 2007). In a report of an ‘inquiry’ into the current state of the NHS (http://www.dh.gov.uk/en/Publicationsandstatistics/Publications/PublicationsPolicyAndGuidance/DH_085825 accessed August 2008), Lord Darzi, a surgeon, has suggested that new GP clinics should be established in health centres that also provide some diagnostic and therapeutic services currently provided by hospitals. The government has responded by requiring every PCT to commission one such centre. Our analysis suggests that corporate monopolists will resist such developments (since they threaten to remove business from hospitals) while professional rationalisers within PBC consortia will be wary of structures that might disrupt carefully developed care pathways and services. The implication is that actors within the two structural interests are faced with strong incentives to cooperate to seek the development of such clinics as joint ventures, and indeed Alford argued that the durability of structural relationships derived partly from the willingness of structural interests to reach compromises.
Second, although we did not seek to collect direct evidence about patients and public, it is clear that neither patient choice nor patient and public participation is facilitated by the structures that we identified. Patient choice is lauded by the UK government as the key to improving quality in the NHS (Milburn, Reference Milburn2003; Department of Health, 2006b: 6, 2006c: 18), but (leaving aside the question of whether public appetite for choice of provider really exists) our ‘challenging interests’ showed little inclination to pursue a diversity of providers under their commissioning plans, other than as a rhetorical threat to use to bring the local hospital into line. Our data also suggest that patient and public involvement is unlikely to be anything more than rudimentary within the current structures. From a rationalising perspective, the ideal service is one that delivers identical care to all patients identified as suffering from a defined condition, based upon ‘the evidence’ of what is the ‘best’ care for that condition. The most efficient mechanism for implementing this is a bureaucratic pathway or algorithm that states explicitly what care should be provided in what circumstances, and we found evidence of the development of these types of bureaucratic pathways in our study sites. From this perspective, patient or public participation has little logic; indeed, we found that patients and the public were not involved in strategic decisions about commissioning in our sites, even though official PBC guidance mandates that this should occur (Department of Health, 2006c: 6). Although these findings might be seen as regrettable, they may well reflect the extreme difficulty of meaningful participation (Martin, Reference Martin2008) and, more importantly for our analysis, cannot be taken to imply that patients and public are ‘repressed’ structural interests in a sense that Alford would recognise. As noted above, ‘interests’ for Alford imply an external view of what a particular group might be said to ‘need’. In the New York system that Alford studied, the uninsured ‘community population’ can be said to be failing to have their needs met in a very real sense, a level of repression that, as North (Reference North1995) has observed, is not paralleled in an NHS that provides services, mostly without charge, to all UK residents.
Finally, our argument that it is no longer possible to simply read off Alford's categories of structural interests into the current NHS situation raises questions about how the apparent restructuring, with hospital-based corporate monopolists as dominant interests and professional rationalisers as challenging interests, has occurred. Alford himself is somewhat unspecific about how new challenging interests come into existence, referring to ‘changing technology and division of labour in health care production and distribution, and the shifting rewards to social groups and classes’ (1975: 15), also arguing (as noted above) that such change has little or nothing to do with government. It would be surprising if this were to apply in a state-funded system such as the NHS and, unlike in Alford's New York, government health policies have had an effect, and indeed have been a necessary condition for the restructuring of interests that we have observed. This is not to say that the present structure of interests has been rationalistically created; rather, government has taken a number of decisions that have together brought about the restructuring. Most obviously, evidence-based medicine (increasingly promoted and bureaucratised by government since the mid-1990s: Harrison and Smith, Reference Harrison and Smith2003), the PbR system (introduced in 2002) and PBC (introduced in earnest in 2006) are government policies that have provided some of the necessary conditions. However, it seems likely that social changes resulting from earlier government reorganisations of the NHS have also contributed. First, the readiness of GPs to become professional rationalisers involved in the planning and commissioning of services under PBC is perhaps partly a legacy of the system of GP ‘fundholding’ (Glennerster et al., Reference Glennerster, Matsaganis, Owens, Hancock, Robinson and Le Grand1994) that obtained from 1991 until abolished by the incoming Labour government in 1997. Second, the ability of hospitals to function as corporate monopolies – that is, with an alignment of interests between managers and doctors – is likely to be a legacy of earlier NHS reorganisations. In particular, the roles of hospital chief executives became seen as legitimate after the Griffiths Report of 1983, even though they initially had little influence (Harrison et al., Reference Harrison, Hunter, Marnoch and Pollitt1992), and the so-called NHS ‘internal market’ of 1991–1997 served to remind doctors that their careers were bound up with the prosperity of their hospital, even though the market rarely led to real competition between hospitals (Checkland, Reference Checkland, Flynn and Williams1997).
Acknowledgements
This study was funded from the Department of Health's core grant to the National Primary Care Research and Development Centre. We are grateful to Urara Hiroeh for her substantial contribution to the data collection, and to the participants in PCTs and PBC consortia who welcomed us in their meetings and spared us their valuable time.
