COVID-19 and NHS-Private Healthcare Interaction

Background

The COVID-19 pandemic highlighted the evolving interaction between the NHS and private healthcare providers, especially via a significant collaboration between the NHS and private healthcare, highlighted by a 'major deal' between NHS England and the Independent Healthcare Provider Network in March 2020. This collaboration was facilitated by a Public Policy Exclusion Order related to the Competition Act 1998 – a legal mechanism used also to remedy, among other things, supply chain disruptions of groceries in the early stages of the pandemic. An equivalent order was also in operation with regard to the Welsh NHS, although this did not engage with competition reforms as in England. The COVID-19 pandemic has exposed various challenges within the NHS, including facility shortages. These issues have opened discussions for potential significant changes in the NHS-private healthcare model under the Labour government elected in July 2024.

Legislative Developments

  • The Competition Act 1998 (Health Services for Patients in England) (Coronavirus) (Public Policy Exclusion) Order 2020, in operation between March 2020 and July 2021. A similar Order was in operation during March 2022.
  • The Competition Act 1998 (Health Services for Patients in Wales) (Coronavirus) (Public Policy Exclusion) Order 2020, in operation between March 2020 and July 2021.

Key Insights

  • Flexibility of the Public Policy Exclusion Order Mechanism in the Healthcare Context

This mechanism, while not a significant change on its own, indicates potential shifts in NHS-private healthcare interactions,    especially in Wales. Enhanced cooperation during the crisis response suggests a trend towards closer collaboration between  the NHS and private healthcare market.

  • Pandemic Crisis and Continuity Responses

Broad crisis and continuity frameworks reveal how NHS-private healthcare interactions can complement ethical considerations of  COVID-19 responses and inform future public  health threat planning. 

  • Public Access to Information

Increased public access to information about NHS-private healthcare agreements during COVID-19 highlights the diversity of  these interactions. This transparency suggests areas for further research to shape future policy and ethical considerations.

Recommendations

  • Future Research and Policy Shaping                                                                                                                                                           

The Labour party’s openness to private sector involvement in NHS services can influence future policy developments, but this should also consider patient movement between the NHS and private healthcare and how this can vary.

Further research is needed to understand the systemic level of private healthcare involvement in NHS service delivery and how ethical frameworks can be incorporated in analysis of NHS-private healthcare interactions.

Future research in this area should explore the diverse aspects of healthcare organization, integrating both organizational and clinical levels.

  • Increase Transparency                                                                                                                                                                         

    Maintain and expand public access to information about NHS-private healthcare agreements to foster further transparency and accountability. 

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