Posts Tagged ‘ISTCs’

ISTCs deliver better outcomes, RCS study shows

By Mike Broad - 20th October 2011 9:40 am

NHS patients undergoing elective operations in dedicated independent sector treatment centres report better outcomes than those seen by NHS hospitals treating emergency and elective patients, claims a study.

The research, by the Royal College of Surgeons and London School of Hygiene & Tropical Medicine, finds that these differences are the result of ISTCs treating younger patients, from more affluent areas and who are in better health before their treatment than those seen in the NHS.

In 2002, the Department of Health started the procurement of ISTCs in England with the aim of reducing waiting times, give patients more choice, and encourage innovative models for the provision of non-emergency services. ISTCs, however, were heavily criticised by many surgeons for being ‘subsidised’, poorly integrated, cherry picking patients and delivering questionable quality.

A health minister of the time, Lord Warner, now a strategic advisor to PA Consulting Group, suggested surgeons were trying to resist ISTCs because they wanted to maintain waiting lists in order to swell their private practices.

The Patient Outcome in Surgery Audit (POiS) is the first large scale study to compare patient reported outcome measures from operations conducted in NHS and ISTCs, and was set up due to the Health Select Committee expressing concern that there was a lack of data from private providers.

POiS looked at four common procedures - hip replacements, knee replacements, varicose vein treatment and inguinal hernia repair - and included responses from 25,000 patients treated at 16 ISTCs and 53 NHS providers across the country in 2008/2009.

NHS hospital patients had a 40% higher risk of reporting a poor hernia operation after adjustment for case-mix than at independent providers. And patients undergoing varicose vein surgery at NHS hospitals were three times more likely to need a further operation than at independent providers.

POiS finds, however, that for hip and knee replacement, NHS hospitals dealt with almost double the proportion of sicker patients. NHS hospitals took a higher proportion of patients with two or more co-morbidities for all four procedures - almost double for inguinal hernia.

Furthermore, NHS hospital patients were more likely to live in the poorest areas across all four operations.

The RCS believe that completely separate emergency and elective operating rotas would ensure both types of patient get care optimised rather than mixed operating lists.

Jan van der Meulen, professor of clinical epidemiology at London School of Hygiene & Tropical Medicine, and lead author on the research, commented: “Independent sector treatment centres treat only non-emergency cases. The separation of elective surgical care from emergency services is likely to have a positive impact on the quality of care, irrespective of whether the elective surgery is carried out by a private company or the NHS.”

The study contradicts research conducted in 2009 which suggested revision rates on hip replacements at one ISTC were much higher than the average in the NHS.

Professor Norman Williams, president of the Royal College of Surgeons, said: “This study suggests that patients treated at units dedicated to elective surgery experience improved outcomes. However, it also showed that independent sector providers have taken younger, fitter patients and we need to guard against any drift that could destabilise hospitals. Sicker patients have needs that only a comprehensive hospital can provide.”

Read the full report.

Review attacks surgeons treatment centre view

By Mike Broad - 7th June 2011 5:11 pm

A damning performance review of an elective surgery treatment centre by the British Orthopaedic Association has itself been savaged by a subsequent review.

The strategic health authority, NHS South West, ordered a review of the performance of Weston Area Health Trust’s Treatment Centre after the earlier study claimed revision rates for surgery were too high.

Prof Brian Toft, of Warwick University, the chair of the SHA review said the prior report had serious flaws and suggested that the authors may have been “influenced by unconscious cognitive biases” that made them misjudge the treatment centre’s work.

Many UK surgeons were sceptical about the Labour government’s ISTC programme, particularly the perception that their services were not well integrated locally and used inferior surgeons from overseas.

The Weston NHS Treatment Centre was established at the Somerset trust in 2002 and staffed by Scandinavian surgeons who were flown in to carry out knee and hip replacements. It was also used by patients from Cardiff and Vale Trust.

In June 2006, BOA was invited by a Welsh health board to review the clinical records and x-rays of 14 patients with alleged complications following knee surgery at the centre. Nearly 700 Welsh patients underwent orthopaedic procedures at treatment centre after being referred from the Cardiff and Vale NHS Trust.

The BOA review revealed an early TKR revision rate of 6.1% in the first year following the primary operation, which the authors said was six times greater than that to be expected. Hence they recommended that all patients who had undergone orthopaedic surgery at the ISTC be reviewed for complications.

However, the subsequent SHA review suggests the statistics cited in the BOA report are incorrect, and claims the revision rate was 3.1%. It also questions the 1% TKR expected revision rate cited in the BOA report, saying it was a professional judgement rather than being based any explicit, formally recognised national standard.

Prof Toft’s review also criticises a study published in the Journal of Bone and Joint Surgery which reported an early revision rate in the cohort of TKR knees reviewed by BOA of 15% with a further 14% of patients recommended to have such treatment. He calls on the journal editor to amend or withdraw the article.

The SHA review says: “The only rigorous independent evidence available to the Review Panel is a study undertaken by Professor Gordon Bannister, Professor of Orthopaedic Surgery at the Avon Orthopaedic Centre, which suggests that the clinical outcomes of the visiting Scandinavian consultant orthopaedic surgeons at the Weston NHS Treatment Centre with regard to early TKR revisions were within the 2% range published by the British Association for Surgery of the Knee and British Orthopaedic Association.”

NHS South West and Weston Area welcomed the findings.

BOA president Peter Kay said the organisation disagreed with the report “in a number of places”. But he added that due to the time delay - over four years since the original review - the “initiative is long gone” and the “episode effectively closed”.

£500m wasted in private treatment centres for NHS

Telegraph - 21st May 2011 10:11 am

Private firms were paid millions for operations that never took place in overly generous contracts drawn up by the Department of Health, in a Labour plan to cut waiting times and improve choice.

The independent providers - ISTCs - received more cash for their buildings when contracts came to an end, and were even paid compensation when a second wave of clinics was cut back, a study by the Bureau of Investigative Journalism has found.

Another part of the £1.5billion scheme intended to allow busy workers to see doctors near offices - or polyclinics as they became known - but the new walk-in centres were under-used and most are closing down.

As controversial reforms to the NHS will provide even greater opportunities for private providers, it is feared that more public money will be wasted on similar projects to the doomed Independent Sector Treatment Centre initiative.

Allyson Pollock, professor of public health research and policy at Queen Mary, University of London, said that if the reforms go ahead, “the poor value for money of ISTCs will be multiplied one hundred times over”.

Read more in the Telegraph.

NHS “protectionism” excluding private providers

By Mike Broad - 6th October 2010 11:35 am

The NHS has a protectionist mentality which prevents private health providers from offering better services, a report claims.

The provocative report by the think tank Civitas says some patients are missing out on better services because of commissioners’ loyalty to NHS hospital providers.

The one-year study into the relationships between acute trusts and their commissioners concludes that existing NHS providers use their muscle and connections to keep providing services even when faster, higher quality care is on offer elsewhere.

Refusing Treatment quotes one anonymous NHS provider executive as saying: “There is a fundamental problem in current market policy: the Department of Health promotes competition and devotes substantial resources to its implementation, yet it also advocates the cultural sanctity and historic importance of the NHS…I do not believe many people have bought into the idea that the NHS is the organisation that procures healthcare for the public and where that healthcare is delivered should not matter.”

Instead, the report claims there remains a culture of supporting local NHS providers, often regardless of the quality of other organisations.

It also suggests surgeons are complicit in maintaining the NHS’s pre-eminence, claiming that those working in both NHS hospitals and independently run centres often work more effectively in the latter, delivering a more reliable and punctual service to patients. But inertia in NHS providers, where surgeons can play the ‘clinical’ and ‘NHS family’ cards, keeps better working practices from spreading, it claims.

One medically qualified executive is quoted anonymously in the report saying: “It’s a question of having the will. Four surgeons didn’t turn up for work here yesterday, blaming the snow. In the private sector they’d all turn up… In the health service there just isn’t the will to work too hard, because you won’t get fired and you’ve got your pension.”

It quotes another anonymous private provider executive saying: “I know for a fact that a surgeon in an unnamed NHS trust takes 2.5 hours to do a hip replacement that he does in 45 minutes at one of our hospitals.”

NHS hospital trusts have used the guise of ‘defending the NHS’ to bully PCTs into preserving the status quo when better options were available, it says. PCTs are scared of the providers’ political power.

Hospitals have also engaged in predatory pricing, the report claims, by shifting their overheads around to remove costs from services where they want to win competitive contracts, offsetting them onto other services where there was no competition.

Author James Gubb said: “The coalition government has put a lot of faith in the power of the market to meet the NHS’s unnerving productivity challenge. The problem is the coalition isn’t addressing the real issues as to why the market currently isn’t delivering: the overwhelming power of hospitals and the closed-shop ‘we can do it alone because we’re the NHS’ attitude so prevalent across the organisation.”

Former Labour health minister Lord Warner said: “As the interviews in this report reflect, too many NHS personnel are too comfortable or frightened to create the discomfort and public angst that a properly functioning market would bring.

“The existing evidence that secondary care competition can bring the intended benefits in the NHS will be an important guide for future policy as the NHS embarks on major reforms over the coming years.”

Read a blog on competition.

“Let’s make the most of the independent sector”

By Mike Broad - 26th April 2010 2:34 pm

The government’s preferred provider policy should be abandoned and NHS services should face periodic competitive challenge from the independent sector, a body has claimed.

The NHS Partners Network, which represents independent sector healthcare companies, also calls on the next government to create a level playing field in tendering in a new briefing document, which is being seen as a blueprint for a Conservative government.

The body lists a series of policy changes to enable the independent sector play a greater role in NHS service delivery. It claims independent providers are uniquely place to drive productivity and raise quality during a tough funding period.

NHSPN says the provider market is still underdeveloped and a level playing field needs to be created for healthcare providers. “Commissioners need to be more aware that the surest way of demonstrating they have secured best value is by using open, non-discriminatory tendering processes wherever practical,” the document says.

It claims that independent economic analysis shows that the independent sector currently has to operate with a 14% cost disadvantage to public sector providers.

The NHS pension scheme is blamed. NHSPN says a substantial part of the pension costs are carried by central government not by NHS provider organisations themselves, which puts the public sector at a competitive advantage.

“To deal with this it will be necessary to ensure that public sector bidders are assessed on the basis of their full cost to the taxpayer,” it says.

“This might be done either by increasing the percentage of their pension costs which they have to bear directly or by applying a ‘shadow’ weighting factor which forces commissioners into making a truer comparison when assessing bids.

“Unless this aspect of the playing field is levelled it is likely that over time the pitch will become unplayable for the independent sector.”

The NHSPN also calls for the publication of comparative quality data to support choice, and says the independent sector is already committed to publishing its own data relating to clinical outcomes from the summer.

It says the NHS competition regime and the Cooperation and Competition Panel (CCP) have to be put onto a statutory basis; full cost allocation and accounting in public sector providers has to be enforced and even-handed regulation developed.

Last month the Department of Health pulled the plug on an investigation into the preferred provider policy by the CCP.

Commenting on the document, Dr Mark Porter, chairman of the BMA’s consultants’ committee, said: “Many of the companies now arguing for a level playing field were quite happy to accept preferential contracts when the NHS was being opened up to competition. Private providers continue to enjoy competitive advantages that the NHS does not - the ability to cherry-pick, to set exclusion criteria, and to not have to deal with the consequences when problems arise.

“The preferred provider policy, while it does not fully address the fragmentation and waste caused by market reforms, goes some way to recognising the benefits of NHS care being delivered by NHS providers.”

NHSPN claims that private sector productivity has outstripped that of the public sector in healthcare delivery. Between 1997 and 2007, NHS productivity declined by 4% whereas that in the private sector increased by 23%.

Despite this, in 2007/2008, PCTs spent less than 5% of a £71.2bn commissioning budget on independent sector care.

On value for money, however, Dr Porter said that every eight cases diverted to an Independent Sector Treatment Centre costs the taxpayer the equivalent of almost ten cases dealt with by the NHS.

The BMA is currently running a campaign against further marketisation of the NHS.  

Read the full NHSPN briefing document.

What has been the impact of the market in the NHS?

By Mike Broad - 9th March 2010 10:04 am

A new study, by think tank Civitas, has questioned the achievements of NHS reforms in introducing competition and driving performance.

NHS ‘internal’ or ‘quasi’ market policies in England have aimed to promote competition among providers in the hope of replicating the benefits markets have been known to bring about in the private sector: decreases in cost, and increases in efficiency, quality, innovation, and provider responsiveness.

In 2002, the government introduced a new round of market-based reform within the NHS, which was initially focused on increasing choice for patients, decreasing waiting times, and improving quality of care.

Demand-side changes saw the creation of the primary care trust to perform a purchasing role similar to that of health authorities; and practice-based commissioning, a re-incarnation of GP fundholding but focused on community-based and specialty services rather than elective care. Patients were also given a choice of elective care provider (including non-NHS providers) at the time of referral.

Supply-side changes included the introduction of quasi-autonomous foundation trusts, and the encouragement of provider plurality. Market-based changes to the secondary care payment system took the form of payment by results (PBR).

The study, called The impact of the NHS market, involved a large-scale literature search on the effectiveness of these policies.

So how have the reforms worked? A summary

Patient choice studies show the percentage of patients who recall being offered a choice of hospital for their first outpatient appointment was 47% in March 2009, up from 46% in December 2008 and 30% in June 2006.

Eighty nine percent of patients offered a choice are able to go to the hospital they choose. Choice has contributed to decrease waiting times for elective surgery. There is disagreement among researchers on whether choice has had a positive or negative effect on equity. Fear of the impact of patient choice (rather than actual impacts of patient choice) has led some NHS providers to advertise services to both patients and GPs. In practice, the uptake of choice policy is not yet widely realised, and degree of implementation varies geographically.

The Choose and Book system may not be enabling as much choice as expected regarding appointment date and time and number of providers offered; GPs may use the system as an online tool to make referrals as usual. Patients and GPs desire more information on provider quality.

Neither strong theoretical nor empirical support exists on the benefits of secondary care provider competition; studies exist citing both improved and harmful outcomes.

Contestability, or the threat of competition, may be driving up efficiency but at the expense of inter-professional and inter-organisational collaboration. Competition is fostering development of more business-like cultures in NHS hospitals. Various impacts of competition policy have been seen on health economies, such as attraction of top quality nursing staff to private providers, confusion of PCTs and NHS providers over the nature of their relationships, and resentment among medical professionals toward local ISTCs regarding lack of patient treatment data.

ISTCs provide equal if not better outcomes than NHS providers, and receive higher levels of patient satisfaction; however, they treat a healthier case-mix of patients than NHS providers (as was intended by their contracts). ISTCs may have negative effects on NHS surgical training.

Increased autonomy over certain governance and finance decisions may not currently be a strong enough incentive to encourage further applications for foundation trust status. Many lay governors and directors of foundation trusts are finding their roles ambiguous and difficult to define. Many perceive that they have made little impact on the decisions of the trusts to date.

However, evidence does show gradual increased involvement of both governors and the public in their activities. Foundation trusts have generally performed well financially and have generated surpluses; and they have been high performers in routine NHS financial and quality measures when compared to NHS trusts.

Surpluses have, however, been modest in relation to total revenue; and many were among the highest performing NHS trusts even before status conversion. Little robust evidence exists to suggest foundation trusts are using their new status to innovate in a significant way.

Payment by Results has been fully embedded across the NHS since 2008. Unit costs fell quicker in hospitals once PbR was implemented, although administration costs increased. Hospital activity increased as PbR was implemented. No association has been found between PbR and quality of care. Where increases in efficiency were found post 2002 (for example, the increase in number of elective surgery patients treated as day cases, decrease in the length of inpatient stays, and reductions in avoidable admissions), authors note other policies and trends have also encouraged such results.

Many hospitals have improved financial management and have a better understanding of patient costs since PbR implementation, yet a substantial agenda of cost improvement remains for the NHS. Mixed evidence exists on prevalence of hospitals ‘upcoding’ procedures in order to get paid more.

The fact that the PbR tariff for a procedure is set at average cost encourages hospitals to become ‘average’ rather than aiming to operate at the level of the most efficient hospitals. Being paid per case through PbR produces adverse incentives for hospitals to increase activity beyond affordable levels and possibly induce demand inappropriately.

Practice-based commissioning implementation is slowly advancing. It is being led by a few enthusiastic practices working with supportive PCTs. Variation exists in the quality of local relationships and levels of PCT support; with resources and experience often limited at both PBC and PCT level. Incentives and infrastructure used to support PBC are not sufficient to engage most GPs in commissioning. And many PBC consortia are more interested in self-provision than commissioning new services.

PCTs lack the necessary skills to purchase effectively; poor local management of resources was noted. PCTs do not always take full advantage of their potential power in the purchaser/provider relationship. Only weak incentives exist for PCT managers to break historical patterns of purchasing. The World Class Commissioning programme is too new for its impact to be determined.

In conclusion

Many researchers found difficulty in attributing improvements specifically to market-based reform. Improvements in NHS care, such as major reductions in waiting times, have more often been attributed to ‘targets and terror’ together with increased spending, than to competition. Lack of a stable policy environment de-motivates staff. As yet, there is a lack of patient and public understanding and support for market-based reform. And many desired outcomes have not yet been achieved, such as innovative models of patient care.

Although there are presently very few studies that evaluate the cumulative effects of market reform, there is an abundance of research on the effect of individual policies. While evidence on the impact on quality of care is mixed, research has found attributable impacts in the form of reduced waiting times, improved access for patients, and increased provider efficiency.

However, potential confounding factors (such as simultaneous increases in funding and pressure from enforced targets), along with weak monitoring strategies, make attribution to market policies alone questionable.

The market reforms of the past 20 years have had unmistakable effects on the culture of the NHS. In particular, the introduction of competition has developed a system-wide awareness of costs, efficiency and accountability. However, the reforms have not been proven to bring about the beneficial outcomes that classical economic theory predicts of markets, including provider responsiveness to patients and purchasers; large-scale cost reduction; and innovation in service provision.

Many researchers have attributed this to the failure to create a true, functioning market, as well as a lack of a stable policy environment to inspire staff commitment and enthusiasm. The available research indicates that the NHS may have found itself in a lose-lose situation - having taken on the extra costs of competition without experiencing the benefits.

BMA seeks public support for its campaign

By Mike Broad - 14th February 2010 1:55 pm

The BMA is urging the public to support its Look After our NHS campaign against the role of commercial companies providing NHS care in England.

Successive government policies have created a market in healthcare and allowed commercially run firms to compete against existing NHS trusts and GP practices to provide NHS care. The BMA is concerned that this is having an adverse impact on many parts of the NHS in England.

The BMA’s Look After our NHS campaign website has been revamped so that members of the public can show their support for an NHS which is publicly funded and publicly provided.

Next week the BMA is sending campaign packs to each of its members in England - over 100,000 doctors and medical students. The packs contain posters picturing businessmen taking money out of the NHS, and call on the public to “help us put patients before profits”.

Leaflets for patients, warning them that “your local GP practice, hospital or community health service could be run by a commercial, profit-driven company in the future”, will also be distributed via GP practices and BMA representatives in hospitals.

The campaign packs for doctors contain a brochure warning of the impact market-based reforms are having on the NHS. It states that the creation of a market in the NHS has meant an increase in bureaucracy; the number of senior managers in the NHS rose by 91% between 1995 and 2008 - more than double the increase in numbers of doctors and nurses.

It also says many private NHS providers have received millions in guaranteed payments for contracts, despite treating fewer patients than planned; on average, the first wave of Independent Sector Treatment Centres delivered just 85% of activity paid for - suggesting a shortfall of £220 million on the £1.47 billion contracts.

Dr Hamish Meldrum, chairman of BMA council, said: “We want an NHS with patients, not profits, at its heart. The public values the NHS as a publicly provided, publicly funded service. Like doctors, they do not want vital funding to be diverted to shareholders.

“Doctors have already backed the campaign. Now members of the public can show politicians the extent of opposition to commercialisation of their NHS.”

The NHS Confederation, which represents managers and employers, has however come out in opposition to the campaign. Nigel Edwards, NHS Confederation director of policy, said: “With the £20bn of savings in the NHS required over the next five years, the focus must continue on reducing costs while also driving up quality. Given the scale of this challenge, to rule out any use of the independent or third sector would remove a very important source of innovation and change that can help to deliver improvements.”

Read the leaflet being distributed in surgeries and hospitals.

Doctors fear private sector’s role in the NHS

By Mike Broad - 23rd December 2009 10:20 am

Eight out of ten doctors are concerned about private companies profiting from the NHS, a poll shows.

Doctors were asked whether they agreed with the BMA’s concerns that large multinational companies are making profits out of running local clinical services on behalf of the NHS.

Eighty percent of the 697 respondents said they either strongly agreed (51%) or agreed (29%) with the statement. Just 7% either disagreed (4%) or strongly disagreed (3%).

One respondent, a consultant urologist, said: “The NHS no longer exists. There are a number of health services in England, Wales, Northern Ireland and Scotland, all different, no longer national in a UK sense. We are at a time when foundation trusts have become businesses, motivated by profit and loss.”

A BMA report, listing the amounts of public money being wasted as a result of market-driven reforms, estimates that £1.54bn might have been overpaid to Independent Sector Treatment Centres in England. It suggests the NHS in England spent around £350m on management consultants in the last financial year.

Dr Hamish Meldrum, chairman of BMA council, said: “This is more evidence of the medical profession’s concerns about commercial values being imposed on the NHS. There are countless examples of taxpayers’ money being wasted because of the drive for services to be provided by profit-making companies rather than traditional NHS providers.

“When politicians talk about cutting waste they should consider the fact that the bureaucratic costs of a market are hitting the taxpayer hard. We’d like to see the NHS in England restored to a publicly provided, publicly funded service, driven by the needs of patients, not shareholders.”

Read more on the BMA’s campaign.

ISTCs are “cherry picking less complicated patients”

The Times - 11th November 2009 2:00 pm

Treatment centres run by the private sector are profiting from NHS funding by taking on less risky patients while being paid the same rate as publicly funded hospitals, a study suggests.

Patients treated in centres that carry out thousands of planned procedures, such as hip and knee replacements, to relieve pressure on the NHS are less likely to come from deprived areas, have fewer diagnoses and undergo fewer procedures than those treated in NHS hospitals, according to analysis of more than 3.3 million patient records funded by the Department of Health.

The national system for funding hospitals for treatment - known as Payment by Results - pays hospitals and treatment centres the same average cost for carrying out particular types of operation.

The average cost of a hip operation, for example, is about £6,000. But the actual cost to a hospital can be much higher, meaning that ISTCs could be profiting by taking on only less complicated, less expensive cases.

The study, by the University of York and others, published in the journal Health Policy, found “evidence that hospitals are treating patients of greater complexity than treatment centres”. The authors add: “If these observed differences between hospitals and treatment centres drive costs, then payments should be refined to ensure fair reimbursement.”

The authors say: “If treatment centres routinely treat patients with less complex needs within a healthcare resource group, they may profit at the expense of NHS hospitals. If so, this would suggest that the prospective payment system is unfair.”

Keith Brent, deputy chairman of the BMA’s consultants’ committee, said that, unlike NHS hospitals, ISTCs could “cherry pick” patients who were less likely to need expensive treatment. He echoed the call for any centre with a selection policy to be paid a lower tariff.

Read more at The Times.

Rules on market testing “unclear and misguided”

By Francesca Robinson - 21st October 2009 11:26 pm

The Government has been accused of insulting doctors and other staff working for private providers of NHS care by introducing new rules on market testing.

The jibe follows new guidance to commissioners that NHS organisations must in future be designated the ‘preferred providers’ of care. The new policy was announced by health secretary Andy Burnham last month.

In a letter to PCTs and SHAs, NHS chief executive David Nicholson says existing providers must be given an opportunity to improve before others are given a chance to tender. It will be the job of the commissioner to test whether these services provide “best value and real quality”.

“This will ensure everyone knows where they stand and services will stand or fall on the quality of the services they provide,” says Nicholson.

Previous Department of Health policy has been that “any willing provider” should be considered when commissioning services.

David Worskett, director of the NHS Partners Network, the organisation that represents private providers working within the NHS, described the policy as a retrograde step. 

He said: “It is worrying and insulting for staff working for private providers of NHS care - many of whom are on secondment from the NHS, who achieve productivity up to 30% higher and higher patient satisfaction - to be told they are not the preferred provider. I think that is actually a rather shabby way to treat these people.”

But he said staff should not fear for their jobs because the policy would fall foul of the principles of competition. “These rules make it absolutely clear that PCTs should not take a decision which restricts choice. If a contract were to be re-let to somebody else on grounds other than quality and cost then it would be an unjustified restriction of choice and could be referred the the Competition and Cooperation Panel and overturned.”

Worskett said the announcement had been more about politics and appeasing the unions than about healthcare. “The guidance is so vague and unclear and the concept so misguided that in reality PCTs will carry on making the right decision in terms of who the provider should be,” he declared.

Shadow health secretary Andrew Lansley accused Andy Burnham of putting party politics above the best interests of patients.

Conservative Party policy is to open up the provider side of the NHS to a “proper” tendering process between NHS, the independent and charity sectors. “We think competition is the way to incentivise organisations to up their game,” said a spokesperson.

The BMA said the new guidance reinforcing the status of the NHS as preferred provider was a “positive sign” that the government was listening to their concerns about the increasing commercial involvement in the NHS.

But Dr Hamish Meldrum, BMA council chairman, warned: “There’s still a long way to go before we turn round the market philosophy that for so long now has been part of day-to-day working life in the NHS.”

Meanwhile, the only Scottish ISTC, which provides elective surgery to patients from three health boards in Angus, is being brought back under full NHS control.