Commentary on the private practice implications of the Deed of Settlement in the Honeysuckle Health - NIB Australian-Competition-Tribunal-hearing

Objective To provide a commentary on the implications of the Deed of Settlement in the Honeysuckle Health - nib Australian-Competition-Tribunal Hearing. This hearing has major implications in relation to the potential for a single dominant private-health-insurance buying-group to contract for medical-purchaser-provider-agreements that might limit the clinical autonomy of patients and psychiatrists. Conclusions The Australian Competition and Consumer Commission (ACCC) authorised the formation of a joint buying-group for private-health-insurers in 2021 to provide collective contracting and related services to private-health-insurers and other healthcare-payers. A consequent legal challenge resulted in a Deed of Settlement on 18 July 2022 that for 5 years preserves doctor-patient autonomy in clinical decision-making, the medical gaps scheme, the transparency of contractual arrangements, and if clinical data of those insured are collected by HH-nib, it must be with the full informed consent of patients. However, there remain options for private-health-insurers to apply for formation of new buying-groups, as well as to collect data and profile the general public and insured patients using online programs. Vigilance on private-health-insurer buying-groups, and the potential for US-style managed-care is warranted.

Automated summary

This commentary discusses the implications of the Deed of Settlement in the Honeysuckle Health - nib Australian-Competition-Tribunal Hearing, which has significant implications for a dominant private health insurance buying group and its potential to limit patients' and psychiatrists' clinical autonomy. The Australian Competition and Consumer Commission (ACCC) authorized the formation of a joint buying group in 2021, but a subsequent legal challenge resulted in a settlement that preserves doctor-patient autonomy, transparency of contractual arrangements, and informed consent for the collection of clinical data. However, private health insurers still have options to form new buying groups and collect data on the general public and insured patients.