Could the Dispute with the Government Accelerate the Demise of the Independent Contractor Model?

General practice has moved into formal dispute with the government.  The main aim of this action is to ensure that appropriate safeguards are put in place around the new obligation to keep online consultation tools available to patients throughout core hours.  But could this action end up accelerating the demise of the independent contractor model?

The problem the profession has is that the government has positioned the current dispute around GP access, an issue that it knows is dear to the hearts of the public and important for its own political popularity.  The government, it suggests, is doing what it can to make access to general practice easier with Wes Streeting the bold champion of this cause.  Meanwhile general practice is being portrayed as “resistant to change”, “forces of conservatism” protecting a 20th century model of healthcare, and even as “laggards”.  The government claims it is “mystified” by the decision of the profession to return to dispute.

Unfortunately, this positioning will resonate with the public.  Rather than putting the government in an uncomfortable corner, instead it allows them to talk up their narrative of leading the fight for patient access to general practice.

The problem is exacerbated because at the current time entering into a dispute means very little indeed.  The BMA has written to the government informing it of its position, but that is about the top and bottom of it.  The BMA is still advising practices that they have to make the contractually mandated changes, so by simply doing nothing the government will be able to point to its “defeat” of these forces of conservatism.  A ballot may come, but the way general practice is set up means it has no ability to collectively act quickly.

Maybe some practices will refuse to make the contractual changes.  Because the situation has been highlighted the way it has ICBs are reportedly on the lookout for such practices.  This could potentially lead to contract breach notices.  But it could also potentially lead to the system asking other providers to step in and “support” these practices, as a pre-cursor to what seems to be envisaged with the new “Multi-Neighbourhood Providers”.  Across London “integrators” (London’s version of Multi-Neighbourhood Providers) are already largely in place, so this is not as remote a possibility as it might at first appear.

Indeed, what might the dispute mean for these new Neighbourhood Provider contracts?  If the profession (because of its position of being in dispute with the government) is not part of their development, then the risk is increased that many of these will end up outside of general practice.  More worryingly, if general practice is portrayed as a recalcitrant problem that needs to be resolved, it may end up actively opening the door for others to take these new contracts on.

While admittedly less likely, there is also the possibility that the dispute (depending on where it ends up) could push the government into a position that the establishment of effective neighbourhoods (the centrepiece of their health policy) and the independent contractor model of general practice are incongruous.  While the independent contractor model makes general practice the most effective and efficient part of the NHS, it also makes it difficult to control.  The risk is that the government’s desire for control and the formation of neighbourhoods could potentially push it to abandon the independent contractor model.

The dispute the with the government has not started well for general practice.  The government is showing no signs of backing down, and it is hard to imagine that it will.  Meanwhile, the risks feel high, and it will require some deft political manoeuvring to ensure that the end result is a strong, safe and resilient independent contractor model rather than an acceleration of its demise.

Why the new Planning Framework for the NHS is a Concern for General Practice

A “Planning framework for the NHS in England” was published on 8th September.  Apart from serving as another reminder as to the benefits of the independent contractor status of general practice, which shields it from much of this top-down bureaucracy, it is also important in giving us a sense of where general practice fits into the new world of Neighbourhoods.

Unfortunately, what becomes immediately clear is that general practice does not currently feature in the NHS planning mindset.  It does not receive a single mention in the document.  This becomes all the more stark as the document explicitly mentions the voluntary, community and social enterprise sector (VCSE), the independent sector, and local authorities as “system partners” with whom formal arrangements should be put in place by the NHS to support effective planning, but there is no mention of general practice.

It could be that general practice is intended to be included in the general catch-all “place partners”, whose role is to, “lead the co-design of integrated service models at place level; and develop the Neighbourhood Health Plan and supporting place-based delivery plans”.

Maybe.  But when it goes on to talk about the production of Neighbourhood Health Plans it says that they, “will be drawn up by local government, the NHS and its partners at single or upper tier authority level under the leadership of the Health and Wellbeing Board, incorporating public health, social care, and the Better Care Fund. The plan should set out how the NHS, local authority and other organisations, including social care providers and VCSE, will work together to design and deliver neighbourhood health services. DHSC will publish separate guidance to support their development.”

The omission of general practice is stark.  Everyone else gets a mention but not general practice.  Is it an oversight or is it deliberate?

This is a difficult question to know the answer to.  It feels deliberate because of the explicit mention of everyone else.  It certainly does not give the sense that the NHS wants general practice to be in the driving seat when it comes to Neighbourhoods, which will only add to the existing concerns about the proposed new Single Neighbourhood Provider and Multi-Neighbourhood Provider contracts.

Whatever the answer, at this nascent point of Neighbourhood development it will not serve general practice well to be distant from the production of these Neighbourhood plans.  If general practice wants to play a leading role in Neighbourhoods, then it needs to position itself at the forefront of the development of these plans.  Otherwise there will be a vacuum that others will inevitably fill.

Within the NHS, place-based boards have the lead responsibility for Neighbourhood plans.  So practically speaking the best action for general practice to be taking right now is to ensure their involvement via any place-based board discussion on the topic, and to make sure they have some representation on the Health and Wellbeing Board who have been assigned a leadership role in the production of the plans.

Leadership responsibility for drawing up the plan is not the same as leadership responsibility for the Neighbourhood itself.  However, being absent from the plan production will inevitably work against general practice establishing itself as Neighbourhood leaders.

Should PCNs seek to lead Neighbourhoods?

There is a misconception that somehow the new Neighbourhoods will replace PCNs.  This is not the case.  What will be of critical importance, however, will be the relationship between the PCN and the Neighbourhood.  This is likely to be determined by whoever takes on the leadership role for the Neighbourhood.

At its core a Neighbourhood is the coming together of all of the providers across a local community.  One of these providers is general practice.  Neighbourhoods will not function effectively if practices operate as individual providers, and instead need practices to operate as a collective.  This will be via the existing PCNs, as the PCN DES requires practices to work together.

But the PCN will only be one voice around the Neighbourhood table.  There will also be the community provider, mental health providers, social care, voluntary sector, other primary care providers and even the acute trust.  This group will need to decide how any new Neighbourhood services are to be designed, delivered, staffed and funded.  If this funding is to come via a new Neighbourhood contract then this group will need to agree how this funding is to be used and apportioned.

The Neighbourhood, then, will in some respects mirror how PCNs function at present where the different practices come together to make these kinds of decisions, but instead of this being a discussion between the practices it will be a discussion between different organisations and only one of these organisations will be general practice (via the PCN).

Given how hard many PCNs find it to agree decisions across their practices, the challenge facing Neighbourhoods in getting all the different organisations involved to come to an agreement should not be underestimated.

The challenge for the PCN leaders, or whoever ends up representing the PCN in the Neighbourhood discussions, will also be significant, as they will have to come to an agreement that works with the other Neighbourhood providers as well as one that the practices within the PCN will sign up to (particularly where practice delivery is involved).

The opportunity seems to exist at present for general practice via PCNs to take on a leadership responsibility within the new Neighbourhoods.  The question is whether, given the complexity and obvious challenge there will be in getting these Neighbourhoods to work, this is a sensible move?

The problem is that, like it or not, Neighbourhoods are coming.  Neighbourhood contracts are on their way, and any new funding for out of hospital care (including general practice) is highly likely to come via this route in future.  The question, then, is not really whether we like the idea of Neighbourhoods or want to work as delivery partners with our local provider colleagues, but given that Neighbourhoods are coming whether it would be better to have the leadership role or for another organisation to take this leadership role on?

When we think of it like this the answer is obvious – general practice and PCNs have to take this opportunity to lead Neighbourhoods.  The alternative of giving this up and letting others take on the leadership responsibility would allow them to determine what role general practice should play in the Neighbourhood and, crucially, what resources it should receive for doing so.

At present the importance of Neighbourhood working is easy to ignore, because the neighbourhood contracts are not yet in place and no real funding is at stake.  However, this will change in the years to come.  But the opportunity to take on the leadership role is coming now.  What PCNs and general practice must not do is give this opportunity up and let someone else take it on because it doesn’t feel important, because when the financial realities kick in in the coming years it will be too late to have a change of heart as someone else will already be in the driving seat.

How to Build a Relationship with the Local Acute Trust

A key part of making neighbourhoods work is building relationships with the local provider organisations.  But in many places general practice has struggled to be able to develop any sort of meaningful relationship with the local acute trust.  How can this change now?

In a past life I worked in acute trusts, and at one point was a Director on the Board of a hospital Trust.  This was before I had worked much with general practice.  Looking back, a number of things stand out about how the hospital perceived general practice.

The most noticeable was that there was no understanding within the Trust as to how general practice worked.  Very few people within an acute trust, particularly on the management side, have any sort of experience of working in a general practice environment.  The language of general practice (DES, LES, GMS, PMS, QOF, PCNs etc etc) is daunting and off-putting, and makes the service feel impenetrably complicated.

General practice is also perceived as very difficult to do business with.  When working in an acute trust it feels very hard to identify individuals who can make agreements on behalf of general practice.  Those particularly long in the tooth will remember GP fundholding and how hospitals had to agree contracts with each fundholder individually, and that sense of not being able to pin general practice collectively down to an agreement still remains.

At the same time, general practice can feel that hospitals themselves are distant, focussed only on themselves, and uninterested in general practice and the community.  There is a hostile undercurrent of frustration from GPs with the perceived shifting of (unfunded) work onto their laps.  Any primary to secondary care initiative feels designed to create yet more work for practices (shared care, advice and guidance, referral management etc etc), and so even the incentive for a stronger relationship is not always obvious.

But now the advent of neighbourhoods and the prospect of multi neighbourhood provider contracts has created an urgency for developing this relationship that has maybe been missing in recent years.  But moving forward is not straightforward, so where should we begin?

The best place to start is to identify the person or people within the hospital who are the easiest to do business with.  I remember on my executive team there was a range of individuals, and some were definitely harder to do business with than others.  Not all had the same attitude towards general practice.  Generalisms about the ‘acute trust attitude’ towards general practice are not helpful because different individuals will have different attitudes. The trick is to find those most open to working with general practice, and let them be the ones who work to persuade their less amenable colleagues.

But how do you find them?  Asking senior ICB colleagues is a good place to start.  They will be able to recommend the best people to contact.  You don’t want anyone too junior (because their influence within the acute trust will be too limited). This is the perennial problem with identified “general practice liaison leads” – you can invest time with them, but it can often lead to no tangible changes because they have insufficient clout within their own organisation.

The ideal place to get to is a small group of management and clinical leads from both sides (4-6 people) who can oversee any joint working, and where each side has enough influence to troubleshoot any issues that arise.  Of course this also requires general practice to have established its own way of working collectively so that it can participate effectively in this kind of arrangement.  Otherwise the general practice leaders can end up feeling very exposed!

A priority for this group is to establish a rationale for joint working that both can sign up to.  There will inevitably be a fear from some GPs that the acute trust may want to take over general practice, and so this needs to be explicitly taken off the table.  Recently from the GP side this work has been around reducing the pushing of unnecessary workload from secondary to primary care, and from the acute side about improving the appropriateness of referrals.  With the advent of neighbourhoods this can be expanded to how joint working can enable neighbourhoods to be effective, and of course joint preparations for the multi neighbourhood provider contract when it arrives.

Ultimately, the relationship between general practice and the acute trust will come down to personal, individual relationships.  The mistake that is often made is trying to use big set piece meetings with multiple attendees to develop the relationship.  These are fine, but can only work if they sit on top of some individual relationships. Getting these in place is the most important place to start.

Getting the PCN ‘Neighbourhood-Ready’

The 10-year plan lacks detail on implementation but still sets some ambitious timelines.  In particular, it states that the roll out of the two new contracts (the Single Neighbourhood Provider and the Multi Neighbourhood Provider contracts) will start next year.  With the threat of other providers being able to take on these contracts, what can PCNs be doing now to prepare for them?

For those PCNs keen to be in a position to take on the new Single Neighbourhood Provider contract the best starting point is an assessment of where they are now against the identified features of the new neighbourhoods in the plan.  A simple review of where they are now and where they want to be in 6 months’ time can form the basis of an action plan as to what is required should these contracts become available next year.

There are 8 areas that I would focus on, which I have outlined below.  It is not an exhaustive list, but it is where I would start.  If much more is included it runs the risk of becoming unwieldy and losing focus on what is important.

Leadership.  Does the PCN CD want to take on a leadership role in the new neighbourhood?  If they do, can they be freed up from the internal running of the PCN (potentially by others stepping up to support with this) so that they can focus on the external work with others that will be required?  If not, can an individual from within the PCN who has both the skills and desire to take this on be identified, and then be supported to start to move towards this role?

External relationships.  Does the PCN have individual, personal relationships in place with the key leaders from the different organisations across the neighbourhood (such as the community trust, the mental health trust, the acute trust, social care and the voluntary sector)?

Governance.  Does (or could) the PCN convene regular meetings of these individuals, which could potentially start to operate as a leadership group for the neighbourhood? There will ultimately be a value to being the organisation that convenes these meetings if the PCN wants to play a leadership role within the neighbourhood.  Is the PCN in a position to be able to hold a contract, should one become available?  If not, what steps does it need to take to be able to do so?

Integrated neighbourhood teams.  Are there any integrated neighbourhood teams in place?  What further teams might be developed?  How are these teams supported and enabled, and how is their impact tracked and success measured?

Population health.  Are the specific needs of the local population understood?  Have groups with similar needs been defined, and specific cohorts of patients been prioritised?  Is there a neighbourhood plan to improve population health and reduce health inequalities? Are partners across the neighbourhood bought into this?

IT, data sharing and information governance.  Can information be shared across the different teams in the neighbourhood?  Are mechanisms in place to allow this to happen?

Neighbourhood health centre.  Has the neighbourhood health centre been identified (given every neighbourhood is to have one)?  If it has, what steps can be taken to develop it?

Voice and influence.  Is the PCN actively influencing the place-based partnership board that is making the key decisions about neighbourhoods, both now and as they develop?  What actions can the PCN take to develop its influence further?

The expectation is not the PCNs will already be operating as full-blown neighbourhoods and be able to answer all of these questions positively.  The opportunity, however, is to understand where the PCN currently is in relation to the neighbourhood, and use the gaps that it identifies as the basis for an action plan for the next 6 months.  It will also mean that at the point in time at which the PCN is asked about its preparedness in relation to the neighbourhood (as this will inevitably come) it will be able to clearly state the actions it is proactively taking, and be in a far better position to take on the single neighbourhood provider contract when it arrives.

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