THE IRISH Medical Organisation cannot organise a collective boycott of services if its GP members are unhappy with fees, the Competition Authority has said.
It also says the organisation may not tell the Minister for Health that its members will not carry out work for less than a certain fee. However the doctors’ representative body can discuss “an outline of remuneration GPs might need” to cover the costs of services.
The strengths and limitations of competition legislation in the area were outlined to Minister for Health James Reilly in a letter from the chairman of the authority, Declan Purcell.
Mr Purcell said that under the legislation, the IMO cannot organise collective action to force the State into paying more than it is willing to pay for services. However it could give “ballpark figures on the costs of various inputs to GP services”.
In the past, it had been the official position of the Government that under Irish and European competition law, it could not enter into talks on fees with groups representing professionals such as general practitioners or community pharmacists.
Concerns over the role of the IMO contributed to the delay in the negotiation of a new contract for GPs, which has been a priority of the Department of Health for some time.
In an interview with The Irish Timesearlier this week, Dr Reilly said a "form of words" had been received from the authority that would "allow enough cover for the likes of the IMO to be involved in discussions with the Department [of Health] on terms and conditions".
Dr Reilly said he knew the IMO was concerned about its position because it would be at risk of possible legal action if considered to be in breach of competition legislation.
In his letter to the Minister, dated August 31st, Mr Purcell said the law should not in any way impede efforts to develop a new contract with the GPs.
“Competition law, among other things, protects you as Minister in your dealings with the IMO,” he said. He spelled out for Dr Reilly what the IMO could and could not do on behalf of its members when discussing a new GP contract.
It could negotiate non-fee-related elements of the contract, he said. It could also meet the Minister or officials to discuss an outline of fees and relay to its members the fees the State was willing to pay.
“The only requirement is that it is the Minister who ultimately makes the final decision on what the State will pay under the contract,” Mr Purcell said.
“The State can take the views of the IMO regarding fees etc under advisement.”
