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Collusive behaviour in Healthcare and impact on consumers: evidences from Assam and Chhattisgarh Rijit Sengupta CUTS International COHED National Policy Forum 24 th May 2011

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Page 1: Collusive behaviour in Healthcare and impact on consumers: evidences from Assam and Chhattisgarh Rijit Sengupta CUTS International COHED National Policy

Collusive behaviour in Healthcare and impact on consumers: evidences from Assam and Chhattisgarh

Rijit SenguptaCUTS International

COHED National Policy Forum24th May 2011

Page 2: Collusive behaviour in Healthcare and impact on consumers: evidences from Assam and Chhattisgarh Rijit Sengupta CUTS International COHED National Policy

Outline of Presentation

Introduction CUTS study findings COHED project Findings of the First Stage Findings of the Second Stage Conclusions & Way forward

Page 3: Collusive behaviour in Healthcare and impact on consumers: evidences from Assam and Chhattisgarh Rijit Sengupta CUTS International COHED National Policy

I. INTRODUCTIONMamoni Das visits a public hospital in Guwahati, expecting quality treatment at affordable cost

She is seen by a doctor and given a prescription containing a list of medicines

Approaches public pharmacy, for free medicines

Mamoni is informed that medicines written in the prescription are not available and has to get them from the private chemist, outside

She buys the medicines with whatever little money she had come to the hospital with…

Page 4: Collusive behaviour in Healthcare and impact on consumers: evidences from Assam and Chhattisgarh Rijit Sengupta CUTS International COHED National Policy

What did we find?

49% of the medicines that Mamoni Das and some of the other patients had to buy from private sources after visiting the public hospital were present in the Hospital Stock Register

9% of the medicines that were absent in the Hospital Stock Register had substitutes, that were present in the Stock

WHY DID MAMONI HAVE TO BUY MEDICINES FROM PRIVATE CHEMISTS?

Page 5: Collusive behaviour in Healthcare and impact on consumers: evidences from Assam and Chhattisgarh Rijit Sengupta CUTS International COHED National Policy

Possible Reasons?

Docs did not know the status of the medicines in the Hospital Stock Register, and suggested that ‘good quality/effective’ medicines be bought from outside

Mamoni Das was a victim of ‘collusive arrangements’ between various entities inside and outside the public hospital

Page 6: Collusive behaviour in Healthcare and impact on consumers: evidences from Assam and Chhattisgarh Rijit Sengupta CUTS International COHED National Policy

What is Collusion/Collusive Practice?

Collusion refers to combinations, conspiracies or agreements among sellers to raise or fix prices and to reduce output/supplies in order to increase profits (OECD, 2002)

DID THE PLAYERS (in the public hospital Mamoni visited) ENTER INTO AGREEMENTS TO REDUCE SUPPLY OF MEDICINES through the public distribution channel?

Page 7: Collusive behaviour in Healthcare and impact on consumers: evidences from Assam and Chhattisgarh Rijit Sengupta CUTS International COHED National Policy

A Grim Picture!

Page 8: Collusive behaviour in Healthcare and impact on consumers: evidences from Assam and Chhattisgarh Rijit Sengupta CUTS International COHED National Policy

Competition Act 2002 of IndiaThe Competition Act 2002 of India prohibits ‘………enterprises or associations of enterprises (or persons or association of persons) from entering into any agreement in respect of production, supply, distribution, storage……..which has an appreciable adverse effect on competition’. Agreements having such effects on competition result in - determining purchase or sale prices; limiting or controlling production/supply/marketing/development/provision of services; geographical allocation of markets; and collusive bidding.

Competition Commission of India is sufficiently empowered and should investigate if supply and distribution of medicines in these public hospitals have been restricted due to collusive agreements between various players

Page 9: Collusive behaviour in Healthcare and impact on consumers: evidences from Assam and Chhattisgarh Rijit Sengupta CUTS International COHED National Policy

II.COHED ProjectGoal: Gather evidence of collusive practices and assess if

some of them infringed the provisions of the India Competition Act 2002, or could be addressed through other regulatory instruments

Objectives To identify market malpractices in healthcare in 2 states To assess scope and effectiveness of the present

regulatory system to deal with malpractices/collusion To make recommendations for better regulatory

outcomes To spread awareness about these recommendations

and lay the ground for their implementation

Page 10: Collusive behaviour in Healthcare and impact on consumers: evidences from Assam and Chhattisgarh Rijit Sengupta CUTS International COHED National Policy

II.COHED Project (Contd.)

Research based Advocacy States: Assam & Chhattisgarh Partnership with local NGOs Field-work and Data Analysis 2-stage Survey

- First Stage: Consumer Survey- Second Stage: Prescription analysis

Page 11: Collusive behaviour in Healthcare and impact on consumers: evidences from Assam and Chhattisgarh Rijit Sengupta CUTS International COHED National Policy

III. FIRST STAGE: C onsumer Survey

3 towns in each state Public Hospitals Consumer information - household expenditure on

healthcare, behaviour of heathcare providers, availability of healthcare services, prices of such services, etc.

Findings:- Tendency of choosing private healthcare service (often to suit convenience and save time, etc.) existed - Common belief: simple correlation exists between cost of healthcare & its quality

Page 12: Collusive behaviour in Healthcare and impact on consumers: evidences from Assam and Chhattisgarh Rijit Sengupta CUTS International COHED National Policy

III. FIRST STAGE: C onsumer Survey (Contd.)

- In addition to greater consumer awareness, there is also a need for change in consumer’s attitude towards healthcare

- Private healthcare suffers from high degree of variation and there is hardly any regulation to maintain a minimum standard

- An extremely high frequency of referrals (to diagnostic clinics) combined with the prevalence of ‘cuts’ for referring doctors was noted

- In spite of having received medical treatment at a public hospital, many consumers bought medicines from private sources

WE DECIDED TO DIG DEEPER……….

Page 13: Collusive behaviour in Healthcare and impact on consumers: evidences from Assam and Chhattisgarh Rijit Sengupta CUTS International COHED National Policy

IV. SECOND STAGE: Prescription Analysis

Same towns as the first stage Prescriptions collected to assess cost of

medicines, availability of medicines in public hospital, etc.

Common Findings- large number of respondents bought medicines from private sources- Non-availability of drugs in public hospital is not uncommon- Insistence by docs to buy drugs from outside- High degree of prevalence of ‘incompleteness of diagnosis’

Page 14: Collusive behaviour in Healthcare and impact on consumers: evidences from Assam and Chhattisgarh Rijit Sengupta CUTS International COHED National Policy

Cost to Consumers & Availability of Medicines

Procurement of Medicines from Private Sources

28

0

28

4559

0

69

198 3 3

35

5

97

0 10

30

60

90

120

Dr AmbedkarHospital,Raipur

DistrictHospital,Pandri

DistrictHospital,

Durg

CIMS,Bilaspur

Hospitals in Chhattisgarh

Per

cen

tag

e Always

Often

Seldom

Never

Procurement of Medicines from Private Sources

35

6

39.5

13

38

6

33.5

70

27

18

26

17

0

70

1 0

0

10

20

30

40

50

60

70

80

Civil Hospital,Nagaon

Urban HealthCentre, Nagaon

Guwahati MedicalColleage & Hospital

Public HealthInstitutions,Bongaigaon

Hospitals in Assam

Pe

rce

nta

ge Always

Often

Seldom

Never

Cost of Medicines vis-a-vis Source

382

0

115

163

92.5

1.5

33

99

0

50

100

150

200

250

300

350

400

450

DrAmbedkarHospital,Raipur

DistrictHospital,Pandri

DistrictHospital,

Durg

CIMS,Bilaspur

Hospitals in Chhattisgarh

Co

st o

f M

edic

ine

(Rs)

0

20

40

60

80

100

120

Med

icin

e o

bta

ined

fro

m P

riva

te

sou

rces

(%)

Avg Cost ofPrescription(Rs.)Private Sourceof Medicines (%)

Cost of Medicines vis-a-vis Source

140

0

374

66

94

6

98

66

0

50

100

150

200

250

300

350

400

Civil Hospital,Nagaon

Urban HealthCentre,Nagaon

GuwahatiMedical

Colleage &Hospital

Public HealthInstitutions,Bongaigaon

Hsopitals in Assam

Co

st o

f M

edic

ine

(Rs)

0

20

40

60

80

100

120

Med

icin

es o

bta

ined

fro

m P

riva

te

So

urc

es (

%)

Avg Cost of Prescription (Rs.)

Private Source of Medicines(%)

Page 15: Collusive behaviour in Healthcare and impact on consumers: evidences from Assam and Chhattisgarh Rijit Sengupta CUTS International COHED National Policy

Completeness of Diagnosis

8

92

0010

90

55

45

0

30

60

90

120

Pe

rce

nta

ge

Civil Hospital,Nagaon

Urban HealthCentre,Nagaon

GuwahatiMedical

Colleage &Hospital

Public HealthInstitutions,Bongaigaon

Hospitals in Assam

Completeness of Diagnosis

Incomplete

Complete

42

58

59

41

51

49

68

32

0%

30%

60%

90%

120%

Per

cen

tag

e

DrAmbedkarHospital,Raipur

DistrictHospital,Pandri

DistrictHospital,

Durg

CIMS,Bilaspur

Hospitals in Chhattisgarh

Completeness of Diagnosis

Incomplete

Complete

Page 16: Collusive behaviour in Healthcare and impact on consumers: evidences from Assam and Chhattisgarh Rijit Sengupta CUTS International COHED National Policy

IV. SECOND STAGE: Account of Medical Representatives

Three types of malpractices:- Reminders- Inducements- Cash payments and bribes

Innovative ways of ‘keeping track of sales’, for cash reimbursements

Page 17: Collusive behaviour in Healthcare and impact on consumers: evidences from Assam and Chhattisgarh Rijit Sengupta CUTS International COHED National Policy

V. Conclusions & Way forward

Issues for Policy- Procurement and Distribution of medicines- Public display of hospital stock- Periodic scrutiny of Prescriptions- Identify and adopt state level good practices’- Greater attention towards patients- Adoption of Clinical Establishment Act, 2010 in states

Page 18: Collusive behaviour in Healthcare and impact on consumers: evidences from Assam and Chhattisgarh Rijit Sengupta CUTS International COHED National Policy

Conclusions & Way forward

Issues for Consumer Action- More careful in choosing provider(s)- Approach consumer forum for redressal- Raise demand for generic drugs- Demand discounts

CUTS IS GOING TO TAKE THESE FORWARD IN THE STATES………..

Page 19: Collusive behaviour in Healthcare and impact on consumers: evidences from Assam and Chhattisgarh Rijit Sengupta CUTS International COHED National Policy

Ending thoughts

Endeavour to make Mamoni Das’s future visits to the public hospitals more pleasant and less costly!!

Page 20: Collusive behaviour in Healthcare and impact on consumers: evidences from Assam and Chhattisgarh Rijit Sengupta CUTS International COHED National Policy

Thank YouEmail: [email protected]

Cell:+91-9829285928