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Rethinking the Welfare State: The prospects for ... - e-Library

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Health care 105<br />

general practitioner from <strong>the</strong> NHS list (and by medical malpractice laws and professional<br />

self-regulation). Because <strong>the</strong> system was designed such that <strong>the</strong> money follows <strong>the</strong><br />

patients, and patients are unlikely to choose doctors with reputations <strong>for</strong> poor service, <strong>the</strong><br />

doctors would have an incentive to run <strong>the</strong>ir practices competitively but in a manner<br />

attentive to patients. With respect to <strong>the</strong> provision of secondary care, hospitals and o<strong>the</strong>r<br />

institutions, which must compete amongst each o<strong>the</strong>r <strong>for</strong> contracts with local health<br />

authorities, would face greater incentives to reduce costs and enhance service quality.<br />

Because decisions regarding resource allocation are made by purchasers who maintain a<br />

closer eye on costs ra<strong>the</strong>r than by providers with incentives to maximize costs, <strong>the</strong> system<br />

ought to be more allocatively efficient than <strong>the</strong> Canadian model.<br />

Despite <strong>the</strong> careful engineering of <strong>the</strong> re<strong>for</strong>ms, however, <strong>the</strong> NHS continues to<br />

demonstrate shortcomings that have severely limited <strong>the</strong> realization of <strong>the</strong> above benefits.<br />

Perhaps <strong>the</strong> most significant of <strong>the</strong>se is <strong>the</strong> failure of real competition to materialize<br />

among health care providers. One reason <strong>for</strong> this failure is <strong>the</strong> restricted capacity <strong>for</strong><br />

meaningful competition given <strong>the</strong> limited number of hospitals in many localities. 49<br />

Ano<strong>the</strong>r are <strong>the</strong> high transaction costs associated with writing, executing, and en<strong>for</strong>cing<br />

contracts in <strong>the</strong> health care context and <strong>the</strong> significant capital costs that act as a barrier to<br />

entry in much of <strong>the</strong> acute care sector. 50 A final impediment to <strong>the</strong> emergence of effective<br />

competition is <strong>the</strong> persistence of relationships between many purchasers and providers<br />

that predate <strong>the</strong> internal market re<strong>for</strong>ms. <strong>The</strong> purchasers and providers who make up <strong>the</strong><br />

new market were created by <strong>the</strong> division of established entities and thus it is far easier<br />

from an administrative perspective <strong>for</strong> <strong>the</strong>m to perpetuate established patterns of<br />

activity. 51 In fact, <strong>the</strong> NHS initially promoted this behaviour by permitting <strong>the</strong> use of<br />

simple block contracts between purchasers and providers as a means of facilitating a<br />

smoo<strong>the</strong>r transition to <strong>the</strong> contracting mode with <strong>the</strong> objective of increasing <strong>the</strong> degree of<br />

specificity of contracts and <strong>the</strong> degree of per<strong>for</strong>mance monitoring over time.<br />

Un<strong>for</strong>tunately, once <strong>the</strong> requirement was implemented that DHAs move to greater use of<br />

more speciflc “cost and volume” contracts, prescribing <strong>the</strong> number of treatments to be<br />

provided <strong>for</strong> a given price, in practice block contracts continued to be used albeit in a<br />

more sophisticated manner. 52<br />

A fur<strong>the</strong>r problem that stems directly from <strong>the</strong> persistence of block contracts is <strong>the</strong><br />

continued reliance of <strong>the</strong> NHS on bureaucratic decision-making. While much of <strong>the</strong><br />

emphasis of Thatcher’s Working <strong>for</strong> Patients was on making <strong>the</strong> NHS “more responsive<br />

to <strong>the</strong> needs of <strong>the</strong> patient,” in fact hospital services have stopped well short of allowing<br />

consumer demand to drive supply. 53 <strong>The</strong>re are at least two problems with such an<br />

arrangement. First, it remains unclear what incentives local authorities have to make<br />

prudent purchasing decisions that are in <strong>the</strong> best interests of <strong>the</strong> patients <strong>the</strong>y serve.<br />

Second, local authorities making large-scale purchasing decisions are unable to be<br />

responsive to idiosyncratic service requirements of individual consumers. Finally, block<br />

contracts also create an incentive <strong>for</strong> purchasers to pass any blame <strong>for</strong> inadequate<br />

per<strong>for</strong>mance on to providers. 54 Because fixed sums of money are paid to providers <strong>for</strong><br />

unpredictable quantities of services, purchasers essentially retain <strong>the</strong>ir power of control<br />

while shedding <strong>the</strong>ir responsibility That is, purchasers remain responsible <strong>for</strong> stipulating<br />

<strong>the</strong> services to be provided yet not <strong>for</strong> <strong>the</strong> direct provision of those services. As such, <strong>the</strong>y<br />

can set unreasonable goals <strong>for</strong> providers and <strong>the</strong>n suggest that any shortfalls that arise are<br />

<strong>the</strong> fault of <strong>the</strong> provider. It should be noted that in <strong>the</strong> absence of sophisticated

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