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25 / 09 / 08 - In a surprise decision announced today, the Court of Appeal quashed last year's High Court ruling that the decision of the Auckland Regional District Health Boards to hand the contract to Lab Tests Auckland ahead of Diagnostic Medlab Ltd (DML) was invalid

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22 / 09 / 08 - Southern Cross Healthcare is urging the Auckland, Counties Manukau and Waitemata DHBs to reassure Aucklanders that they can have faith in the consultation process. "Consultation implies views will be listened to. That has certainly not been the case in other parts of the country where widespread opposition to charges for laboratory tests has been largely ignored. Should the Auckland Boards be so cavalier it would make a mockery of the consultation process and Aucklanders should rightly demand a reassurance that this isn’t just the Boards going through the motions on a pre-determined decision." Auckland-area residents can register their views on the lab testing consultation here.

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09 / 05 / 08 - In Appeals Court today, the Auckland DHBs criticised former Lab Tests Auckland director Tony Bierre for not adequately disclosing the extent of his conflict of interest after his 2004 election to Auckland DHB – an ironic development, since it was the ARDHBs who gave the contract to a lab which they were well aware was owned by one of their own members.

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05 / 05 / 08 - Australian-owned Lab Tests Auckland went to the Court of Appeal in Wellington today in its bid to win back its $560 million contract for Auckland's pathology services. Check back here for updates as the appeal progresses.

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18 / 04 / 08 - The Health Funds Association of NZ has released their findings on the practice now adopted by several DHBs of forcing patients to cover the cost of lab tests ordered by specialists, saying that:

"... putting the burden of lab testing costs on patients has increased total health costs for New Zealanders, with little direct saving for the DHBs concerned, and is an exercise in ideology rather than sound health policy ."

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19 / 12 / 07 - Healthscope, in its continuing bid to become the dominant pathology provider in New Zealand, announced yesterday it had acquired 100 per cent of the shares in NZ Diagnostics Group (mostly trading under the brand name Southern Community Laboratories [SCL]), making it the second largest private pathology group in the country behind Diagnostic Medlab.

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30 / 11 / 07 - The November issue of North & South reports that the Auckland DHB's own agency has stated that the money-saving promises of Lab Tests Auckland's contract were unfeasible:

"In April the DHBs set up an Independent services support agency to (among other duties) monitor the interim contract, and research the community-pathology tendering and contracting process. The committee's initial research on the magnitude of work involved suggests Labtests' projected savings were untenable – and the agency has recommended labs should be ready to open before they tender."

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08 / 11 / 07 - The Auditor-General has condemned Auckland health chiefs for failing to tackle conflict-of-interest issues following the failed $560 million community lab testing court case. In a damning report, Kevin Brady criticises the practices and procedures at the Auckland board.:

"We had expected that, if anything, the Auckland DHB might have a higher sensitivity to conflicts of interests, because of the previous conflict-of-interest concerns. At the Auckland DHB it was not apparent to us that the board made any significant attempt to engage with conflict-of-interest issues."

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31 / 10 / 07 - Health Minister Pete Hodgson, after less than two years in the job, has been replaced today by David Cunliffe, and Association of Salaried Medical Specialists President Jeff Brown says of the appointment:

"I hope it may change the atmosphere and help create a reconnection between himself, doctors and the DHBs."

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15 / 10 / 07 - Three-quarters of DHB members were re-elected in local body elections at the weekend, but new members, including many health professionals, say it is time to address significant problems:

"One of three doctors elected to Wellington's Capital and Coast DHB, Peter Roberts, says managers have had too much control at the expense of others, such as those who deliver care. David Tranter, of Democrats for Social Credit, regained a seat on West Coast DHB and says board members everywhere should be asking questions. "

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04 / 10 / 07 - The Royal College of Pathologists in Australasia has issued a Crisis Warning for Pathology in New Zealand and Australia, saying:

"The move to open community laboratory testing for tender is contributing to a crisis in pathology services, says the RCPA, whose figures show the number of pathologists – laboratory doctors who diagnose 70 percent of all diseases – has dropped by 7 percent over the past five years, while the population has increased by 5 percent ."

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04 / 09 / 07 - : Lab Tests Auckland's appeal of Judge Asher's decision negating the Auckland contract has been scheduled for May 2008. See the "News" page for more details.

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17 / 04 / 07 - Lab Tests Auckland have this afternoon announced they will appeal the judicial review.  It is understood the ARDHBs will not be joining their appeal.  More details coming soon, but for now read this from the article:

"Mr Dixon said Dr Bierre had recently decided to resign as chief executive and company director to pursue other opportunities."

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14 / 04 / 07 - Bronwyn Howell from NZCPD discusses the governance issues brought to light by Justice Asher's verdict, and clearly explains how the existing DHB and PHO structures created an environment that allowed a fiasco like Labgate to happen.   The below quote shows why it is necessary for at least Wayne Brown and Ross Keenan to be sacked, if not the entire board:

"The farmer [Minister] sets the rules that govern the henhouse before handing it over to the foxes [DHB Board Members]. When he discovers mayhem in the henhouse, he shoots the fox that broke the shackles, and shoots the other foxes because they failed to either stop her or alert him. For if they had stopped her or alerted him in the first place, there would be no mayhem to discover. But if the farmer fails to shoot any of the foxes, they can cause mayhem again. Foxes learn fast that the farmer won’t shoot even when they break the rules. This knowledge assists them in their choices when they guard the sheep as well as the hens. "

If they aren't sacked then we can expect this sort of debacle to happen again.  It could go unreported next time and patients may suffer.  This is not acceptable.  The current structure also has inherent design flaws and needs to be reviewed.

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09 / 04 / 07 - It's all a little too late for Wayne Brown as he attempts a charm offensive via the Sunday Herald.  It's amazing how the arrogance and tough guy talk are gone, and now we're told "He's interested in improving health for disadvantaged and powerless people. And in doing things right: less waste, more health."  Where's the taxi comment now?  Where has the "doctors are like rabbits managing the lettuce patch" attitude gone?

Here is a man who wanted to destroy the Starship brand to save the ADHB money, because in spite being New Zealand's most valuable charity brand, donating millions to healthcare in Auckland, Brown decided that it didn't suit the ADHB budget to have non-locals driving to the Auckland CBD to have their children seen because it was a brand they knew and trusted.  Hey CMDHB and Waitemata....not on my budget mate!

Cost shifting is not an art or a science, it's an accounting fiction, and any belligerent bureaucrat can do it.  Deferring maintenance, reducing scope, cutting, chopping, and simply slashing might look good on today's balance sheet, but long term it's a damaging and expensive strategy which does no one any good.  It would be fascinating to read an independent study into the decisions he has made in his previous appointments and the long term down stream effect of those decisions.

To claim this whole labgate fiasco has been a success is truly audacious spin and nothing more than a desperate attempt to justify his continuing employment.

"It's a wonderful story of success," he told me over a briskly eaten lunch. "The lab test fiasco, if there has been one, has been the withdrawal of [the] labour of people doing the tests. If our politicians - the ones picking on me, who've become obsessed with this - if they cared about health they'd get into that. No person in Auckland is going to miss a community lab test and no person would have."

No one withdrew their labour Wayne, they simply didn't want contracts with the new provider.  You're a big fan of the free market, I'd expect you of all people to respect an individuals choice not to work for a company.  If you or the board had bothered to do proper due diligence you would have known that the new company was unlikely to be able to attract the required talent from the local region.  Treating the pathology staff of Auckland like chattels was an arrogant mistake still awaiting an apology.

Wayne is undoubtedly a successful businessman.  Outside the board room he is probably a good father and may even be a nice guy.  However, his monomaniacal focus on dollars lacks sense and humanity.  He has no place in healthcare and should be moved on to an industry that is not focused around people.  There his style would achieve a much better result.

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04 / 04 / 07 - Some people just don't know when to admit they got it wrong and accept the referee's decision.  Read Wayne Brown's latest.  I'm completely gobsmacked. He is virtually saying there will be an appeal......
 
"They [DML] managed to link a former board member [Bierre] in as a conflict, when I can assure readers his involvement meant nothing to the boards...."
 
"...but things do go wrong in the justice system.  That is why we have courts of appeal."
 
"Don't believe all you read in the national papers, trust your local"

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29 / 03 / 07 - So a second blog today but so much has happened.  First news, the forum will go offline shortly, leave your parting message asap!  Secondly, the ARDHBs have given DML an interim 18 month contract so the tender process can be run again and we can repeat the process of awarding a contract to a long term supplier.

A few issues:

  • After all the who ha, is anyone remotely connected to this whole fiasco actually surprised at the outcome?  Ok it took a judge to do it, but awarding an interim contract solely to DML was surely the only feasible option from day one.  Lab Tests Auckland were surely never going to be able to recruit the required talent.

  • Healthscope and Lab Tests Auckland apparently both told Loreli Mason of TV1 that they weren't able to provide an interim service.  Well duh, isn't that what the evidence has been saying for months?  Recruitment issues anyone?

  • Tony surely can't last long.  His shareholding is worth nothing now and Healthscope would surely buy him out for a dollar.  Time to replace Tony and bid again?  They have lost all credibility.  It's history burger for Healthscope and I can't see them hanging around for 18 months to win this contract again. 

  • Wayne has now apologised for misleading Pete Hodgson.  It's time for him to catch a taxi to Piha and enjoy surfing for a while.  Surely he will not survive this fiasco.

  • Ross, Wayne and Garry have to go.  They have been chief apologists for this fiasco and appear to have been drunk on Tony's sweet savings.  They cannot fairly judge any future tender and must be put out to pasture.  Taxi's anyone?

The saddest thing about this whole fiasco is that I do believe they had Auckland's best interests at heart.  Saving money on health services is a good thing and arguably they have done a good job of that over the last while. 

Ultimately their monomaniacal focus on saving money got the better of their common sense, and they awarded the contract for lab testing to someone who should not have been involved in the tender at all.

Diagnostic Medlab evidently provide a superb quality service for a reasonable price.  Their contractual incentives are to decrease the amount of testing, or at least maintain it.  In my time campaigning I have come to know many of the DML staff on a professional level and they do not encourage wastage. 

They are conscious of their position as a taxpayer funded service, and for a monopoly organisation they are very customer focused.  This is testament to their ethics and professionalism.

Auckland is lucky to have a company like DML, with a culture such as theirs, providing us with the service they do.  Thank goodness that will not change for the next 18 months.

Hopefully they can convince the bureaucrats of their value so they can continue servicing our region.

Congratulations DML.  Best wishes to all the staff.  It has been a long hard struggle but common sense and fairness have won for now.  Just make sure you deliver what's required in future so we can continue our relationship in future.

ps. this website will stay live but the forum will go offline shortly.  Links will be updated but my blogging will be more infrequent.  Of course, if the ARDHBs make another poor decision about the community lab contract I'll get up and cranking again.  We need a top quality lab service.  It saves us money and improves our quality of life!

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29 / 03 / 07 - Short blog today - where has the Lab Tests Auckland website gone and what about their job ads?  I thought they were committed 100% and expected their recruitment would continue.  What does this mean.  Stay tuned for further developments.

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25 / 03 / 07 - Well by now everyone should know the judgment, and we're all keenly awaiting the outcome of the negotiations for an interim contract to maintain community laboratory services from July 1.

Rather than dissect or dwell on the verdict, of which there are hundreds of media articles, I'd rather contemplate the future, of which there are many questions.  Consider this:

  • Given Justice Asher's verdict, is it right that a company whose CEO is found to have a conflict of interest should be considered for an interim DHB contract?

  • Given their inadequate handling of the original tender, is it acceptable that Wayne Brown or Ross Keenan be involved to secure an interim agreement?

  • If Lab Tests Auckland are gearing up a lab to process 30,000 samples a day, how could they survive financially for 6,12 or 18 months while a new tender process is completed.

  • How could they offer to do 10% or even 20%  of the work at the same price as DML who would have the economy of scale.  Can they wear losses for that long?

  • Would any medical professional want to work for Lab Tests Auckland now? 

Then consider that elections are not far away, and surely Labour cannot afford to support Keenan, Brown or Smith for long.

I feel now that the Lab Tests Auckland brand is tarnished beyond repair.  I cannot foresee how the DHBs could ever justify awarding them any kind of contract.  How could we have confidence in any service they were to provide.

Who do you want your tax dollars funding, and who would you want your sample taken by?

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15 / 03 / 07 - You have to wonder how anyone could have let Wayne Brown loose on humans and a public health system when he makes comments like this in a Herald article today "Hospital 'like a big factory' for elective surgery results":

When commenting about a backlog of 12 weeks for radiotherapy, Wayne is quoted:

"Mr Brown said wait times had grown due to industrial action and "above average turnover" of staff before Christmas.
"Workforce is the biggest limiting factor in this particular issue."
"

Wayne, I don't know, but do you think that might have something to do with the way you handle human resource issues? Funnily enough people aren't rushing to work for someone who says things like this:

"We've brought very much a production-orientated approach to the running of the hospital. Making it like a big factory as much as we could. We've tried to remove the emotion, just run it as a productive unit,"

And before I almost fell off my perch in fits of laughter, I read this!

"He told the Herald later that while there were extended wait times for cancer patients, the hospital was ahead of targets in some areas, such as hip surgery.

"We're so far ahead, we're having trouble finding people to get them done.""

Geeze Wayne, was it you or your friend Garry who said that the savings from the new community laboratory contract were necessary so that money could be spent on badly needed hip operations that....you can't find anyone to give?!

I'm almost dumbfounded.

Oh and as usual Pete Hodgson made a ridiculously out of touch comment, suggesting that waiting 12 weeks instead of 4 for radiotherapy actually resulted in some benefit for the patient, despite his own ministry's guidelines stating 4 weeks is the  maximum.  He said:

"Mr Hodgson said while the guidelines were on the website, the ministry and the oncology community had "long held the view that waiting up to 12 weeks has little or no effect on the cancer outcomes" - a notion disputed by some oncologists.

"Indeed, [the waits] are suggested in some cases to be of value to patients because they need to prepare for the radiotherapy," he said.
"

If Pete got prostate cancer do you think he'd wait 12 weeks to start treatment because he needs good time to prepare himself?

He's spun that so badly I almost feel giddy, especially considering someone I know has just been diagnosed with prostate cancer and is carefully considering their treatment options.

I asked him the other day how it felt walking round knowing he had prostate cancer.  His reply was that he couldn't really relax and just wanted to do something about it as fast as possible.  The inaction while waiting for assessments and consultations was driving him round the bend.

Thanks Pete and Wayne.  Thanks a bunch.

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14 / 03 / 07- While we wait for a verdict most of the discussion on the forum has been about Labtest's progress to date, or more to the point, lack of public announcement of that progress, if in fact there is any.

Lab Tests Auckland have recently overhauled their website, and with that "upgrade" has been the removal of many things, including their previously published timeline for recruitment.  Some of the more important details they no longer have available have been linked or republished below for your information:

Proposed laboratory floor plan - thanks BR
Prospective Employment with Lab Tests Auckland :

"Our expected timeline for employment with Lab Tests Auckland for Pathologists, Scientists and Technicians is as follows:

  • November/ December 2006: Call for interview
  • December 2006/ January 2007: Job Offer – acceptance
  • January 2007: Contract, offer and commitment."

Lab Tests Auckland Progress Update - 11 December 2006

We are also pleased to see two recent announcements, which were only posted a few days ago on the Lab Tests Auckland website:

Appointment of Chief Operating Officer - 14th Feb 07
Computer System Successfully Completed - 12th March 07

Recommended reading is the announcement about the computer system.  Cute photo, what's missing is the data.  I don't so much care about a fancy looking computer as I do about whether my personal records will be available on it to my GP for diagnostic purposes.  We have yet to hear an announcement about that.

Finally, if the January 2007 was due to be the completion of the senior level recruitment, why has there been no announcement about the completion of a successful recruitment drive?  In a recent press release LTA said that pathologists had been hired.  They just neglected to mention how many, and who.  Rather important details don't you think?

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28 / 02 / 07- So while we hurry up and wait for a verdict most of the action has been in the forums, hence my lack of recent blogging.  One concern that has come to my attention again is the basic lack of understanding that the Health Minister, Pete Hodgson, has about this issue.   He still doesn't have his "bits of data" in order, and this was recorded in parliament yesterday in response to a question from Tony Ryall when speaking about productivity in the health sector:

"An example of this is the $15 million per annum laboratory contract that the three district health boards have undertaken-a saving of $15 million per annum, prospectively-opposed, almost unbelievably, by the National Party."

A few facts for the minister:

  • It's a $560m contract over 8 years, not a $15m contract

  • The savings weren't $15m/year against the opposing tender, they were about $8m/year.  The oft quoted $15m saving is a load of tripe spouted by the ARDHBs comparing the new contract to the old one - hardly relevant

  • The National Party like the Green Party, have prospectively opposed this contract not unbelievably, but most understandably given the uncertainties surrounding continuity of service provision and maintenance of service levels.

Given the lack of commitment given to the Health Select Committee by Ross Keenan, the only thing unbelievable is that the government has not stepped in to do something.

Ross Keenan (ARDHBs) - Nothing can be guaranteed—I would be foolish, we would be foolish....Any large contract has risk—that’s life."

Pete Hodgson needs to be taken to task on this issue.  Either he's woefully misinformed or completely oblivious to reality.

Get your act together and get your facts straight Pete! 

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20 / 02 / 07 - Revealing quotes from today's court session as quoted on NZ Doctor:

"He [Mr Illingworth - counsel for ARDHBs] said a 50 per cent weighting for “value for money” in the tender discussion document showed DHBs were above all looking for cost savings.

Mr Illingworth described this as “the big red button, the one that really mattered” and continued, “Who pushed that button? Labtests. Why did they get the contract? Because they pushed that button.
”"

It's taken 7 months to get to the truth, and finally it was admitted by the ARDHB's council in court to a judge.  What a surprise.  It was all about the money.  It has always been about the money.  We all knew that, they finally admitted it.  Those comments make a farce of Garry Smith's NZ Herald article: Lab service change not all about the money.

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19 / 02 / 07 - Three classic quotes from today's rebuttal by Mr Illingworth, representing the ARDHBs, recorded by NZDoctor:

"These services need not be outstanding, but rather the best affordable services available."

They weigh up the risks and work out whether the potential health risks are worth the gains,” Mr Illingworth said.

Tony Bierre knew a huge amount from his MBA papers and his experience as a pathologist,” Mr Illingworth stated.

Based on previous evidence presented, I'd say yeah right to at least one of those statements.  As far as the two other statements go, I ask you this:

  • To make statement one surely they are implying that under the new contract the service levels have changed - in which case extensive consultation is required which was clearly lacking.  They shot themselves in the foot with that comment.

  • Secondly, why shouldn't our health services be outstanding?  (cheers KRH) If we already have an outstanding service why destroy it and rebuild?  How lucky would we be if the rest of our health services measured up to the laboratory service we enjoy: private, efficient, dedicated and staffed by experienced professionals without excessive management.  From a tax payers perspective it's a dream come true.

  • Is the risk of setting up an entirely new laboratory service from scratch in a year and alienating a highly skilled dedicated workforce in worldwide shortage worth a *potential* saving of 10%? 

Just to repeat that, you have the choice of tried and true, high quality service run out of a $50m purpose built laboratory, or for just 10% less you can try a paper plan with a one year timeframe, no lab, no staff, and an 18 month escape clause, to be run out of a rented warehouse. 

They claim to have weighed up the risks and worked out that the health gains are worth it.  Tui to that.

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18 / 02 / 07 - The measure of Wayne Brown's thinking is summed up in his latest Sunday Star Times column:

"Fortunately, some government boards have been adopting hard-nosed procurement policies, insisting on excellent quality at the lowest possible prices and acting to shake up comfortable long-term suppliers.  The howls of protest from those losing fat contract are being heard far and wide, often dressed up in supposed concerns for public safety or any equivalent headline-grabbing exercise.  The media would do well to warn the public to look behind such claims of care for public wellbeing, to see exactly what personal benefits have been lost by these recently shaken suppliers. 

More power to those putting pressure on suppliers!  We will all get more roads and more health services at no extra cost if our government organisations start behaving like the big telcos who grind their suppliers costs down to keep costs in check."

Two points, looking behind such "hard nosed procurement policies" at the awarding of these contracts  reveals there is often far more to the procurement decision than simply "excellent quality at the lowest possible prices".  Sustainability of service for one does not appear to be a criteria for decision making, if Ross Keenan's comments at the select committee are anything to go by.

Second point, health is not communications.  When suppliers fail people die.  It's not like GDC Communications who got chiseled and eventually succumbed.  In that case while I was an IT subcontractor to them many people didn't get the phone system they had ordered the first time, and I had to wait more than 3 months to get paid.  I got fed up with turning up to do the IT part of the job only to find the entire PABX wasn't set up, so refused further work from them.

In health continuity of service is paramount.  Wayne Brown would do well to learn from the likes of McDonalds and Toyota who view their suppliers as part of the family and work with them to ensure continuity of supply.  The current style of procurement appears confrontational and combative, not an approach conducive to stable long term relationships.

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16 / 02 / 07 - Today it was Harbour PHO's turn, as leaders of the intervention, to present their case to Justice Asher.  You can read the NZDoctor summary here.  My understanding of their argument is that the new contract is a significant change from the status quo and that they should have been extensively consulted before the tender process.  They claim they weren't, so they want the decision set aside.

I have always felt the ARDHBs were being quite disingenuous saying there would be not substantial change to the status quo.  The outcry since the decision was announced is proof enough of this. If we were going to continue with the same level of service GPs wouldn't be concerned, would they?

If they had consulted GPs about point of care collection they would have realised that many of those who can already are, and for others there is no substantial capacity for additional  point of care collection.  DML have said they have collection centers because the economy of scale makes it cheaper. 

My common sense meter tells me if it was cheaper to get GPs to do it, DML would probably be paying more of them to do it, like any good efficient company.  Their parent company in Australia would demand it. 

This is where it gets interesting.  We have already heard DML say in court that Labtests' tender doesn't include paying the GPs to do collection, you have to ask, did they expect GPs to do it for free?

If so, how realistic is that?  If it's not realistic, then how long before Labtests "commits suicide" and the ARDHBs take it over, only to force GPs to do free point of care collection.  Well, free to the ARDHBs.  They would probably charge the patients.

How great would  that be for health outcomes?  Only those who can afford testing shall receive it.

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14 / 02 / 07 - Well there was plenty of dynamite in court today.  How's this for a quote from the court case today:  " Mr Hodder cites a private email written by Labtests’ director Tony Bierre saying, “What the DHBs are really looking for is a provider that will commit suicide.” "

"When ADHB chair Wayne Brown found out in July 2005, he asked Dr Bierre to be excluded from the regional laboratories project.

Dr Bierre responded he thought everyone knew about his directorship. He carried on participating in discussions until December 2005, when board members realised he would be bidding for the regional contract and told him to take leave.
"

You can read the full NZ Doctor report here.

I don't think I need to add too much commentary around those allegations, other than to say that Dr Bierre must have been in a very unique position to tender for a public contract.

What is more worrying is that it would seem the ARDHBs might have had second agenda, deliberately setting out to contract to an unsustainable provider so that they could later step in and take it over.  If so, this is a deeply cynical move and surely should have been the subject of extensive public consultation first.

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12 / 02 / 07 - Day one down and the best wrap of the day in court can be found here at NZDoctor.  Other items are linked in the News section. I wasn't in court, neither was Dr Bierre by the sounds of things.

The timeline for the court case is for DML to present their case, followed by Harbour PHO, the ARDHBs and finally Labtests Auckland.  The court case will take two weeks and the decision is expected by the 5th of March.

Mike stimulated a good debate on the forum today, I'd like to respond to a few of the issues he raised:

  • The ARDHB's will not save $560m over the next 8 years, that is the total value of the new contract. 

  • The commonly quoted figure of $15m/year or $120m over the term refers to the difference between the current contract and the new contract.  Both DML and Labtests' bids were below current spend.

  • The actual difference between DML and Labtests' new tender price is understood to be about $7m per year, or about $56m over the new contract term.

  • It is understood that DML's expected return was approximately 5% on their new tendered price.  Labtest's are reported to have set a 12.8% return in the North and South article, though according to the Healthscope website, they are expecting a 15-20% return over the 8 year term.  I don't know which of these figures is the real expected return, however doing a little maths:

    • Labtests' $560m budget @ 12.8% = $71.7m profit

    • Labtests' $560m budget @ 15% = $84m profit

    • Labtests' operating budget = $476-488m or $60m/year

    DML's tender was around $7m more per year than Labtests

    • DMLs $616m budget @ 5% = $30.8m profit

    • DMLs operating budget = $585.2m or $73.2m/year

    Based on the above Labtests operating budget will be approximately $13.2m a year less, equating to about an 18% budget cut.  So the question you have to ask is, can Labtests deliver the same quality of service on a budget that is 18% lower than one of the most efficient labs in the Sonic Healthcare group?

    Given environmental factors such as a labour shortage, one would think that an 18% cost reduction is not feasible unless costs are shifted or services reduced.  Dr Bierre will tell you that money is wastage.  I disagree. Certainly a portion of that money might be additional expenses which could be shaved, but there will also be a significant portion which is services, the services we now enjoy.

  • I have attempted to get information from Labtests and the ARDHBs about the progress of their start up, however little has been forthcoming.  In ARDHB meetings the lab contract discussions have largely been confidential, so are not carried in the minutes.  Labtests press releases contain little substantive information about recruitment numbers, rental of premises other than their warehouse, and there have been no details about the locations of new collection facilities or announcements about how they will make up for the shortfall when the numbers are reduced.   The details are scant.  The lack of transparency is scary.

  • This is not just "a commercial tender", this is a public health contract tender, the winner of whom will play a pivotal role in the success of primary healthcare.  Diagnostic medicine, or pathology, underpins all modern medicine.  The process of collection, analysis and reporting of medical tests is of vital importance to many people in the community.  Diagnostic Medlab has honed it's systems over many years to offer a service which closely aligns with the needs of GPs and patients.  Any change to this system should include extensive public consultation and rigorous due diligence to prove its benefits.  Testing really is the stitch in time that saves nine.  Any break down in this process will result in increased hospital admissions, placing additional strain on an already struggling system, and any savings will be quickly lost.  Just a few of patients in ICU for a couple of weeks could because of missed diagnoses or failure to test, could make those "savings" disappear.

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11 / 02 / 07 - We sit on the eve of a landmark court case which I predict will define the future of privately provisioned community pathology in New Zealand.  Whilst that might sound a bit dramatic, consider the following -

If Diagnostic Medlab win:

  • We're back to square one and the tender process starts again.

  • The price will likely be paid in resignations by at least, but not limited to, Garry Smith and Ross Keenan who have been chief architects and apologists for this affair.

  • Wayne Brown and Pete Hodgson are other less likely casualties.

  • The re-election of health board members is in the balance.  Future elected board members will carefully note the political fall out from supporting such a cost cutting and workforce destabilising exercise.  If we don't punish them at the polling booth they'll keep allowing this sort of short sighted lunacy.

  • Labtests will likely fold.  Thin profits evaporate fast and I cannot imagine Healthscope bankrolling a lengthy appeal, or funding a venture without income for an extended period. 

  • As damage control the government will announce a process to develop a comprehensive national strategy.

If Labtests and the ARDHB's win:

  • We will likely witness an exodus of passionate pathology professionals from the Auckland private sector.  I have talked to many of these pathologists and technicians, they're serious.  To them this issue is a matter of principle and ethics, not money.

  • Community pathology will become a "Toyota lean thinking" commodity staffed by an increasingly imported workforce.

  • Kiwis considering a career in Pathology will revisit that decision.

  • New Zealand will continue down this track of ad hoc DHB contract renewal and there will be no collective strategy.

  • We will feel the full effects of this decision over the next 10 years.

In other news, you have to chuckle at Wayne Brown, Dr Bierre and the ARDHB's for refusing to front for tonight's One News article by Lorelei Mason.  The inevitable result was a rerun of the famous Wayne Brown quip "They can either work for the new company or...drive a taxi."  Wayne will struggle to top that one liner.

Why wouldn't Dr Bierre confirm how many pathologists were currently contracted to Labtests?  Spin he fed to Lorelei like "he's [Bierre] very confident he'll have the numbers to be up and running by July, he says he's in the midst of recruitment and very satisfied with the response, especially from pathologists," is now so hackneyed I don't think anyone believes him.

The North and South article was impressive.  Like the Herald, TVNZ and the NBR they too have the measure of this issue and don't suffer fools.  I am sure the judge won't either.

Quotable quotes from the article:

"Other concerns began to emerge.  Like the acknowledgement by the Auckland District Health Board that it knows of no laboratory anywhere in the world that has processed such large volumes from day one."

"I'm not nervous.  I'm sleeping well," - Dr Bierre smiles.

"Employment Relations Authority member Rosemary Monaghan said Bierre had made destructive accusations against a colleague, had been disingenuous and had made constant complaints about the resources available to him.  It appeared to be impossible to satisfy him....I would say he was not preparef to listen to other points of view with any great degree of open mindedness."

"Extensive contact between Bierre and the ADHB over the future delivery of pathology services is alleged between 2004 and 2005 and is largely admitted."

Susuan Turner, CEO of Harbour PHO "We've been asking the DHBs about their risk management but they defer and say it's not their responsibility: Labtests has the contract so they just have to deliver.  But that doesn't give us any comfort.  What will happen if they don't deliver?"

"Unlike DML's eight year contract, Labtests' rolling 18-month contract means no guarantee of continuity for doctors and patients, and a tough sell when it comes to convincing desperately needed foreign pathologists to transfer their families to New Zealand."

There are many more gems but you get the gist.  Buy a copy of the latest North and South for the full story.  Go DML, we're all with you.

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10 / 02 / 07 - We're now nearing the middle of February and as previously mentioned LTA's published schedule said that in January senior recruitment would be at the stage of  "Contract, offer and commitment."

So with no announcement's about successful appointments what can we infer from this this major recruitment advertisement in the Herald on the 27th of January 2007?

Where is Pete Hodgson and his bits of data now to prove we don't have a problem?

Contract, offer and commitment.....with whom and how many please Dr Bierre!

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06 / 02 / 07 - Garry Smith writes in today's Herald, a rebuttal Carroll du Chateau's weekend Herald article, "Blood on the lab floors".  Entitled "Lab service change not all about money", it outlines the ARDHBs case for awarding the community pathology contract to Labtests Auckland

Aside from all the same reasons we have heard many times since this decision was announced, it contained one real reason, which until now has not been discussed publicly:

"At the end of the eight-year contract, the assets of Labtests' business may be acquired by the ARDHBs, which will provide greater flexibility in the future."

So after eight years working for Dr Bierre and Lee Mathias, staff at Labtests Auckland then face the likely prospect of becoming public servants working for Gary, Wayne and the ARDHBs. 

Does this sound like the career choice a private health professional would want to make?

There are other issues arising from this situation, such as the likely level of investment expected from a company looking to turn a healthy profit within an 8 year horizon.  Labtests will have little incentive to invest in the training and development of their people or infrastructure.  Why bother when their assets will be acquired at the end of the contract for their depreciated book value with no provision for goodwill.  No smart private profit maximising enterprise would invest hugely in such a situation. 

I suspect Auckland may suffer 8 years of underinvestment in community pathology with the public purse picking up the tab at the end.  As for the staff, I suspect all our best and brightest will be lost.  There is a reason they chose to work in private healthcare, and it was not so that they could become public servants again by acquisition of their local health board.

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05 / 02 / 07 - Is this article Testing time for our lab services an insight to what may happen in Auckland if the courts do not overturn the community laboratory decision here?

"Well, less than three months after the Medlab takeover, it begins to look like the public's concerns were justified....the board can only be judged guilty of doing exactly what it said it would not: downgrading an efficient and highly-valued laboratory testing service. In light of what it repeatedly promised, there can be no excuse for that. "

It would seem the article is suggesting that Medlab South, an established and reputable lab with an excellent service history in their area, are having issues taking over the Nelson/Marlborough contract.  I'm not a local, and I'm not qualified to judge whether they are or are not delivering on their contract, however it does lead me to ask the question:

Given this, how on earth could a completely new company be relied upon to set up from scratch in a year and take over the tremendously larger Auckland contract?

I suspect health boards nationwide, motivated only by a short term aim to save money, are effectively dismantling New Zealand's long established, value-adding, highly respected and well performing laboratory testing labs.  The consequences of their actions will likely not be fully realised for years.

In automotive terms they are abandoning the seasoned mechanics, and regular planned vehicle maintenance for the designer who says his car runs a bit cheaper because it doesn't need servicing. 

We won't understand the folly until there's 30,000 kms on the clock and the car blows a gasket.

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02 / 02 / 07 - Here's a quote from LTA's website:

"Our expected timeline for employment with Labtests for Pathologists, Scientists and Technicians is as follows:

  • November/ December 2006: Call for interview
  • December 2006/ January 2007: Job Offer – acceptance
  • January 2007: Contract, offer and commitment."

So, now we have got through the senior recruitment period we should expect an announcement about how many Pathologists, Scientists and Technicians have been employed.

What does it mean that we have had no announcement yet, and where's the webcam you said would be live in the new year Tony? 

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20 / 01 / 07 - There is a well written and large article in the Weekend Herald today entitled "Blood on the lab floor".  This article exposes some of the details of the statement of claim and how Labtests Auckland might try to rebut them.

A few interesting points from the article:

"Bierre, who told me a month ago he had more pathologist applicants than jobs, verifies that five have signed contracts."

Ok, so with 6 weeks until his "innovative" lab gets up and running he has less than 1/3rd of the required senior staff contracted.  After all the huff and puff about how well recruitments is going he only has 5 signed.  We know that Dr Bierre has flown overseas to recruit.  How many of these 5 contracted pathologists is currently in Auckland, or worked in New Zealand before?  This is a real concern. 

"He points out that even if he loses the court case, DML will not automatically get the contract back. "If the contract doesn't stand you have to run it again," he says. "All this [backlash] means is staff will miss out on good jobs."

While Dr Beirre is right, the outcome for Labtests would be dire.  If they lose the court case they could well find their backer, Healthscope, pulls the plug.  Their history in Australia would suggest this is likely.

"He also attended a meeting specifically to put together the Board's RFP strategy and work out what they wanted from a provider."

It's up to the judge to decide if Dr Bierre gained an unfair advantage from his position, however anyone who has worked with government departments as a private contractor knows that the RFP process is an attempt to create a level playing field for all companies tendering. 

It's what's not in the RFP that matters about you and your proposal.  The only way to know what is really wanted is to gain insight through other means, usually relationships.  From the relationships and position which Dr Bierre held, based on what is in this article, you'd have to think that he was in a very unique position to tender.

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17 / 01 / 07 - The countdown is on to the court case and there has been very little news, other than anecdotal, coming out of either camp of late.  I have been enjoying a summer holiday down at Ohakune, and just taking some time to sit in the sun.  However, work calls and now I'm back into the swing of things.

As we get closer to the court case, and as Labtests Auckland get closer to D-day, there will be more news.

We will keep you in the loop.

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30 / 12 / 06 - It has only taken 3 months from Dr Bierre insisting "they've got nowhere to go"  to  accusing DML of playing Russian roulette with people's lives because candidates to fill the vacancies at Labtests Auckland are seemingly...nowhere to be found?

"It’s not that the lights are on or off;" said Garry Smith "they might be a bit dim and we will be able to measure that.”

Garry, I hope you're reading that light meter carefully right now because the distressed flickers I'm seeing leave me rather concerned.

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27 / 12 / 06 - Well I have heard rumours from several sources recently about Labtests Auckland having serious recruitment issues.  To date we have had no reassurance from the company, who are still unable to provide any serious detail other than the warehouse they will build a lab in, and a webcam they intend to put in it.

The only clue we have to go on is the interview Dr Tony Bierre did on National Radio in September when he admitted they had no contracted pathologists.  As of this time I am unaware that this situation has changed.

A memorable post on the forum, by "Anne" which I felt deserved republishing in my blog, neatly summarizes the views of many staff I have spoken with lately:

"Anne: This is an open letter to Tony Bierre. I listened to you on RNZ on Dec 24 accusing DML of playing Russian Roulette with our lives. Yes I am a DML employee (previously Medlab. and I want you to know that not one operations manager or BOM member at DML has EVER told me who I should work for or how long I shoud stay with them. Like 100% of DML staff I have enough nous to Google for myself the items re Healthscope & Gribbles. This is before I listen to my colleagues who have worked with and for you in the past. They have no wish to repeat the experience and believe me I have no intention of experiencing it for myself. So enough already with trying to blame some other party for lack of success in your recruiting endeavours. Face reality."

There have been other stories recounted to me by Diagnostic Medlab staff such as a rebuffed approach in their workplace and phone calls.  The latest new release from Labtests Auckland calls for potential recruits to put their CVs in, rather than update us as to the exact numbers.  This is perhaps clue enough to the trouble behind the bravado?

ps. Anne - please email me the details of that RNZ interview.

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19 / 12 / 06 - Well finally today an announcement from Labtests Auckland, however unlike them I wouldn't go so far as to call it a progress report.  You can find it by clicking here.  One "innovative" move from Labtest is to announce they will soon have a webcam up and running so people can see how the warehouse they are retro-fitting is progressing.

As usual, the "innovative" move is nothing more than tinsel and provides no real reassurance to anyone.  The real issue right now is recruitment.  Anyone can buy a bunch of machines and stick them in a lab.  The trick is having people to run it effectively and efficiently every day.  On that front this release is more like a call for recruitment than report on progress.

Of immediate concern is the fact that in this release Labtests Auckland say:

"Labtests have employed a “super temp” human resource management team who are managing the recruitment process."

Is our new pathology service going to be run by super temps?  This is  hardly a sustainable business model and must be seriously stretching their wages budget.  How fast will the predicted savings take to evaporate? 

If this was part of the original plan, then you really must question the due diligence of the DHBs.  Given we are now towards the end of their stated recruitment period for senior staff, I find this announcement quite concerning. 

I wonder if this is indicative of major recruitment problems.

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16 / 12 / 06 - This morning I received a copy of the Health Select Committee briefing from the ADHB and DML on the laboratory contract.  While the briefing is largely a précis of the transcripts (included in the appendix),  here are some of the conclusions they came to after both meetings:

"..The evidence we have heard gives us serious concerns whether the new laboratory service will be able to process 10,000 patients and 35,000 tests per day from the outset. If it is unable to do so we believe this could have serious implications for the delivery of laboratory testing services to the Auckland regional district health boards."

"We are seriously concerned that the current levels of community laboratory-testing services to Aucklanders is at risk."

"Some of us remain unconvinced that projected savings of $15 million a year will be achieved without cutting services. Some of us are concerned at the inadequacy of contingency planning in the event that the new laboratory-testing service is not fully operational and unable to start on day one."

Based on answers like this one below, I am not surprised they have come to this conclusion:

"Sue Kedgley (MP) - Can you guarantee that as of 1 July next year you will have a purpose-built laboratory capable of processing and reporting approximately 30,000 tests, up to 10,000 patients a day?

Ross Keenan (ARDHBs) - Nothing can be guaranteed—I would be foolish, we would be foolish....Any large contract has risk—that’s life."

Here are some other interesting revelations to come out of the breifings:

  • Samples might be sent to Australia - despite an assurance they wouldn't be this is now an option on the table.

  • DML currently provides Auckland the level of service it does with 25 FTE pathologists.  The briefing noted that Labtests Auckland proposed to operate with 16 pathologists.  Depending on which report you read Labtest's also claim that service levels will be maintained or enhanced.
     

  • Equipment suppliers might be approached to supply staff to run the equipment for a time after installation.  DML noted that the number of supplier technicians is very small, and they may not be certified to work in New Zealand.  This is not their core role and how expensive would that be?  $15m savings down the gurgler pretty quick if that happens.

  • "Diagnostic Labs says that Lab Tests told the Auckland DHB that it will reduce the number of collection sites to 43 from the current 84, and indicated that it intends to further reduce this number to an unspecified extent"  
    "The Auckland DHB has not specified a minimum or maximum number of collection sites, and will not make this decision. Lab Tests is required to deliver a specified standard of service to the DHBs."
    How many collection rooms will we have left and where will they be?  The number and location of collection rooms is absolutely key to providing an adequate service.  This should be a matter of community and professional consultation.   

  • Susan Turner, CEO of Harbour PHO commented that a Waitemata primary care coalition delegation went to meet with Labtests Auckland formed the opinion:
    "They said that, in their view, they [Labtests Auckland] did not understand the way general practice worked, what was needed to deliver the changes that they were seeking, and that their perception of general practice in the design of this service was they didn’t want to start to talk to us until February next year."

  • Susan also commented "We’ve had meetings and tried to address it [concerns about the new service] with them. They understood the concerns but they said that at the end of the day it’s about money, that they were saving $15 million, and we’re saying that this isn’t going to work and that we’re really concerned about that for our patients, our GPs, our community."

So in summary, Auckland finds itself in a situation where:

  • Our tests might be sent overseas

  • We will likely have 40% less specialists providing the service

  • Plan B is described as inadequate

  • We might have foreign technicians running the equipment

  • We have no guaranteed number of collection rooms

  • A PHO delegation think that Labtests Auckland don't understand their business, and don't want to talk to them till February.

The Select Committee is "seriously concerned", I'm horrified.

What exactly has the Minister of Health done about this issue in the last six months to reassure and protect the health of the people of Auckland? 

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13 / 12 / 06 - In the absence of updates or further media reports, and while I still seek permission to republish the NBR article, here's a few insights from the entrepreneurial classic article entitled Entrepreneurial Death Traps by Frederick J. Beste III:

"4. "Mousetrap" Teams
A handful of brilliant scientists or engineers disappear into a basement and emerge six months later with an absolutely gee-whiz prototype that by all rights should run circles around the competition in the marketplace.
They have, in short, invented a "better mousetrap". The world, though, to their great frustration and confusion, does not beat a path to their door.
This should not be a surprise - no one on this team has ever commercialised technology before. Doing this well is every bit as difficult and specialised as coming up with the product itself. It is absolutely critical that this talent be found in at least one key member of the team, and preferably the CEO.

5. Inadequate Pricing
In my friend Bill Stolze's marvelous book Start-Up, he notes that "there is no start-up strategy more likely to fail than one predicated on being the lowest price competitor." Adopting such a strategy is roughly equivalent to Luxembourg insisting on settling a dispute with the U.S. with ICBM's. I would add that the statement which causes me to lose my last meal the quickest (always accompanied by big smiles, no less) is: "We're going to have the best product at the lowest price!"
The message: Price to market. Gross margin is your best friend. It can absorb all manner of adversity with two exceptions: philanthropy or pricing stupidity (actually, in this case, the two are synonymous). "

The latest unconfirmed rumours are that Labtests Auckland are attempting to recruit pathologists from the United States.  It makes you wonder if they might be falling into entrepreneurial death trap #5, and that the plan was based on death trap #4.

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09 / 12 / 06 - Great article written by Deborah Hill-Cone and published in the NBR outlining DML's statement of claim, Labtest's statement of defence, and querying the financial situation.  I highly commend you to buy a copy of the NBR and read it.  I am seeking permission to republish, as yet it is not available online.

A couple of quotable quotes from the article:

"Dr Bierre has strenuously argued he managed his conflict of interest conservatively by declaring it when he put himself forward to stand as a board member, not attending board meetings where lab issues were discussed..."

"But Diagnostic Medlab's statement of claim paints a picture of someone still closely involved with the process behind the scenes....detailed points in which they claim Dr Bierre was involved in a high-level strategy discussion relating to lab testing, including circulating confidential memos, giving advise and taking part in presentations in confidential meetings on lab issues."

It is interesting to note that both Labtests Auckland and the health boards fought the application by the NBR to get the statements of claim and defence.  To me this is just another example of the lack of transparency around this whole process.    They claim their opposition is because the documents are one sided, untrue and defamatory.

I guess the judge will have to decide that one.

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04 / 12 / 06 - So we're in the midst of a strike by lab workers in many DHBs, click here for an interesting editorial about the issue.

As we see thousands of patients have their surgery postponed.  This is almost a dress rehearsal for what life might be like in Auckland if Labtests Auckland are not up to the job next year.

  • Operations on hold

  • Doctors unable to access meaningful diagnostic information

  • Patients needing a higher level of supervision as a precaution

  • Costs, costs, costs, costs

The lack of information available to doctors could result in life threatening missed, or mis-diagnoses.  While this is a short term strike, where employees will go back to their jobs, with Labtests, if they are unable to hire, it won't be a one week issue, it could go on for months.

One thing's for sure, if they aren't offering decent rates then they are unlikely to attract the talent they will need to run a lab.  If they are offering decent rates, then you'd have to wonder about the viability of their budget, given so many of their other "innovative" ideas appear to have been pushed to one side.

It's been over a month now since Labtests last announcement, and according to their timeframes they should be interviewing and offering jobs now.   No news is good news?.....I'm not so sure.

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29 / 11 / 06 - NZDoctor did a story on the Colmar Brunton research which showed that GPs backed Diagnostic Medlab to retain the contract, over Labtests Auckland.

While slightly out of scope, of interest to me lately has been the lab workers strike affecting the DHBs throughout the country.  Here are links to articles about this debacle:

This issue poses a rather interesting question, given rumours that Labtests Auckland are offering lower pay rates than DML.  If you can substantiate those rumours with a copy of an actual job offer please contact me.

How are Labtests going to recruit staff, and when will they give us a progress report?

So far all we've had from Dr Bierre is puffery about recruitment, no hard data.  It's about time we had some hard data on this issue because it really is the crux of the whole matter.  Their business case falls over flat on its face if they can't get the staff.

So if DHB staff are striking for higher pay, why would DML staff even consider moving to Labtests for lower pay, when they know that Labtests are dead in the water if they can't recruit?

The DHB lab workers strike shows that this industry is already on the boarder line in terms of pay, and it's well known there are staff shortages New Zealand wide.  To me, this alone proves the short-sightedness of the decision to award the contract to a cut price provider.  When talent is in short supply surely the riskiest course of action is to cut the wages budget, make everyone redundant, and force them to reapply for their jobs. 

The arrogance of the DHBs in awarding this contract to Labtests Auckland is breathtaking, and I am predicting it will backfire on them spectacularly.

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23 / 11 / 06 - A quote from Labtests response to the poll:

"This poll tends to perpetuate the misinformation that has characterized Diagnostic Medlab’s response since Labtests was awarded the new contract"

Ok, so who's misinforming who about what?  Try these quotes, also from Labtests:

"Turnaround times will be decided in consultation with referring doctors and so will be clinically appropriate." LTA's 19th July

"Labtests is moving quickly to put into action its advance planning so that people can start to see for themselves" - LTA 4th Aug

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22 / 11 / 06 - A tale of two press releases.  One states facts, figures and real responses from GPs and Aucklanders as measured by a professional research company.  The other contains rhetoric, reassurances and yet again no detail of any value.  Compare this:

"A quantitative survey of the region’s general practitioners (GPs) carried out on behalf of DML by independent research company, Colmar Brunton, reveals that 92 percent of the Auckland region’s GPs would prefer DML to continue to provide community laboratory services for the Auckland region."

and this

"More than 90 percent of GPs believe maintenance of current turnaround times for routine blood tests is very important;

More than 80 percent of GPs feel that 43 collection centres will be too few;"  -
DML Release 21 Nov

With this:

"Labtests Auckland will maintain or improve turn around times for routine blood tests....Labtests are putting in place a specimen collection service that will meet the access issues of our population particularly the special needs of the high needs groups.

We are investigating innovative and reliable ways of transporting specimens to our laboratory." -
LTA Release 21 Nov

Still investigating....how does that tally with this?

"Labtests is moving quickly to put into action its advance planning so that people can start to see for themselves" - LTA 4th Aug

Eight months out from the biggest community health experiment of my lifetime where is the evidence of all that "advanced planning"?  All I can see for myself is empty rhetoric, reassurances, and a warehouse yet to be converted into a laboratory.

  • Where are these collection centres going to be located?

  • What are the turnaround times going to be for each test?

  • How many applicants do you have and who have you hired?

  • Who has agreed to provide point of care collection?

It's time to stump up with the details Tony.

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21 / 11 / 06 - News about a survey, commissioned by DML, but carried out by Colmar Brunton,  of GPs and the Auckland public has appeared on TV3 and Radio New Zealand. 

To quote from the Radio NZ story:

"90% of Auckland GPs want the company to retain the service.... Diagnostic Medlab's chief executive, Dr Arthur Morris, says the survey also found that 75% of GPs were unwilling or unable to collect blood at their practices."

Consider the GPs response, then juxtapose it with this quote from Labtests on the 19th July:

"We welcome the opportunity to answer people's questions and to discuss how Labtests Auckland will deliver enhanced, better value laboratory services to the community from July next year."

They have had almost five months now to answer the questions and have discussions.  At the end of that time a grand total of 1% of those surveyed preferred Labtests, 92% preferred DML, and 6% were indifferent or did not know.

The population of Auckland, and GPs, are the consumers of this service.  Both overwhelmingly support Diagnostic Medlab and prefer them over the alternative.  I'd say that's a pretty strong mandate from the electorate to spend a bit more money and maintain the service provider and current service levels.

DML have got their bits of data together to prove their point.  Where's Pete Hodgson with his?

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17 / 11 / 06 - Click here for a release from the BOP DHB where they announce that the contract for community pathology services in the region has been awarded o the same company, Pathology Associates Ltd.  

To quote from the BOP DHB release: "“One of the key outcomes achieved as is that the population of the Bay of Plenty will continue to have access to high quality laboratory services,” says Mrs Mason."

If only Auckland was lucky enough to have the same continuity of service.....

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14 / 11 / 06 - In a timely reminder about how resource and staffing shortages can affect a laboratory, I read this article in the Herald this morning about the lab at Waikato Hospital.  While at this stage the move by IANZ looks pre-emptive, and they say that no patient has been put at risk, it is suggested in the article that issues have existed for sometime at the lab before being picked up on.

Let's hope they sort it out before anyone is affected.

Do we really want to risk our health on a lab which might have staffing or resource issues in Auckland?

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09 / 11 / 06 - The NZMA, Royal College of Pathologists and National Party all put out releases today about labgate.  The headlines speak for themselves:

"Tendering of pathology services destabilising workforce"
"Ministers aren't doing their jobs"
"Response of Health Minister to Crisis 'Inadequate'"
"Action on laboratories needed urgently"
"Incompetent minister ignores AG's report"

The Auditor-General reveals that there is real difficulty establishing how large sums of scarce health dollars have been spent.

For a small sum, in the scheme of things, the government can guarantee the population of Auckland continued access to a world class and sustainable community laboratory service, which can fully account for, and justify, all its spending.

With overwhelming public and expert support for a review of this decision, it is clear they will be held accountable.  I wouldn't be risking my political career on this experiment...why are they?

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07 / 11 / 06 - Someone on the forum alerted me to the latest release from the health boards, which can be found by clicking here.  The health boards are seeking urgent talks with DML regarding transition arrangements.  One point springs to mind - why should DML assist or participate in any transition that may or may not happen?  Sounds odd to me.

Why would DML lay down misere so to speak, when it may not be necessary.  All I can say is that by delaying the court case till February, the DHBs have scotched any possibility of transition talks for now.  If they were committed to workforce transition, and were confident in their "robust" process, surely they would have proceeded with the court case as originally planned, win, then sought transition talks.

Anything else is wishful thinking, as is the possibility of staff running to the new provider.  Comments from Gary Smith around giving DML staff first option but, reluctantly, looking offshore for staff, looks like nothing more than a desperate tactic to unsettle the workforce. 

If I worked for DML right now I'd be sitting tight.  Why sign up to work for an entity that could be rendered inoperable with the stroke of a judge's pen?

As for getting the dates wrong on their release, the pressure is obviously taking its toll.  Labgate rolls on......

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06 / 11 / 06 - Insightful and well researched article in the NBR.  It is not published online so I cannot link directly to it, however here are a few quotable quotes:

"Like the pledge card debate, this High Court case raises some significant issues for the government, with the credibility on trial of Labour favourite Wayne Brown, the chairman of the Auckland District Health Board."

"He [Dr Bierre] took a personal grievance case against DML but was unsuccessful, with the Employment Relations Authority describing part of his evidence as disingenuous.  Rosemary Monoghan ruling for the authority said Dr Bierre saw himself as "in the role of the unappreciated advocate for improving quality standards and an unheard voice begging for improvement in communication within the organisation.   However, rather than agreeing he was not heard, I would say that...he was not prepared to listen to other points of view with any great degree of open mindedness."

The article also quotes Dr Bierre as saying:

"When even any lab issue came up before the board I reinforced that to the extend [the rest of the board] got a bit sick of me saying I had a conflict of interest.  I said it on numerous occasions in board meetings..."

How soon after joining the board did Dr Bierre start declaring his conflict of interest?  If Dr Bierre knew he had such a clear conflict of interest then I ask why he stood to be elected as a candidate for the board in the first place.

The fact that he stood down from the board not long after being awarded the contract really makes you wonder about his motives.

I highly commend anyone interested in labgate buys a copy of the NBR and reads this article.

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05 / 11 / 06 - The NBR appear to have run a solid article about labgate, the Auckland community laboratory issue, in their latest edition.  Whilst I have yet to read it, some of the quotations posted on the forum make for very interesting reading.  I will be buying  my copy of the NBR tomorrow.

The forum has been quite heated in the last few days.  The move by the health boards to delay the court hearing has certainly raised tensions and uncertainty.  It makes you wonder how transparent and robust this decision was when the challenger is ready to stand up in court and you're still working on your defence.

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03 / 11 / 06 - This campaign has no political affiliations but I couldn't resist modifying "that billboard" for humorous purposes.  I believe recent events justify giving this escalating debacle a name, I suggest we call it Labgate. 

I hope Pete Hodgson has gathered his "bits of data" and is about to act swiftly, because by kicking this issue into touch until February the health boards have heightened workforce shortage risks, undermined the implementation plan of their new provider, and further risked the health of Auckland.

Gary Smith talks about sense and ethics.  A sensible and ethical health board would put the welfare of patients first and admit they made the wrong decision.  The workers and the public have both said they don't want a new provider. 

Does the health board have the wisdom to foresee that the new service is untenable without workforce buy in, and go back to the drawing board with this flawed decision making process?

I hope so.  If they get this wrong they are not only putting their own positions at risk, but those of their political leaders.

If Pete won't take notice, perhaps it's time Helen did.

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02 / 11 / 06 - I am still wanting clarification about who went to court seeking that the hearing be deferred.  According to the forum it was the ARDHBs, however a release they put out tonight suggest it was DML who were responsible for deferring the hearing.

Whoever sought to defer the case is obviously not confident and needs more time to prepare.  Surely if their tender process was so "robust" the ARDHBs could turn up in court at a moments notice and defend it.

Exactly who has put the staff in limbo because of this decision ARDHB?

Deferring the case only serves to further undermine the workforce and give them every reason to leave town.  If I worked for DML, here's how I'd see my options right now:

A) stick with DML and guarantee employment till July 1 2007

B) move to Labtest Auckland Ltd where I may or may not have a job after the hearing in February 2007

C) leave town now

I cannot imaging anyone wanting to leave their existing job, with their current employer, to work for a new company that has only just established a lease on their main premises.  DML exists now, has a collection network, and high tech purpose built laboratory.

Labtests Auckland Ltd have a contract for now, and a lease on a building, but will they have anything by the end of February?  Who knows.

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30 / 10 / 06 - The issue around pay and conditions is one that is starting to feature more prominently on the forum right now.  There has been no formal announcement from Labtest about this, but the rumours and expectation are that the pay is significantly reduced.

If anyone is able to provide concrete evidence of the pay rates Labtest Auckland Ltd will be offering phlebotomists, pathologists or lab workers, please let me know.  For now I believe it is mere speculation.

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26 / 10 / 06 - A good point was raised on the forum today by Peter:

"How long before Specialists realise that sending patient back to GP/PHO for Lab tests and having a copy of report sent to them save money for patients. And legally I dont think the DHB can stop this from happening in the future."

I don't know about the legality of it or otherwise.  What I do know is that GPs and Specialists are more likely to act in the best interests of their patients than the DHBs budgets, so it is quite probable that what Peter suggests will happen.

These cost shifting measures are surely futile.  They don't pass the common sense test.  Anyone with a creative mind can see the obvious loop-hole.  It really makes me question the foundations of this decision. 

Do these bureaucrats make decisions like this simply to cost shift and further enhance their bonus?

Is the fundamental problem here that they are motivated by the wrong incentives, short term budget gain, long term public pain?

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25 / 10 / 06 - Is this one of the ways Labtests Auckland Ltd expect to save $8-10 million a year and still make a 15-20% EBITDA, with DHBs making private patients pay for their laboratory tests?

"Pete Hodgson is not ruling out the possibility of the policy being rolled out nationwide."

Cost shifting isn't a clever way to save money or win votes.  This will undoubtedly see patients needing expensive or repetitive tests opt back into the public health system.   It will also likely push up healthcare premiums already under considerable pressure.

Save a penny here that I can measure, and spend a dollar there that I can't.  End result - more demands on the public health system.

What has gone so wrong at the DHBs that they pursue short term, budget driven and cost shifting policies, without proper consideration for the long term consequences.  Has anyone done a study to quantify how much of those "savings" will likely be re-spent in other ways directly as a result of this decision?  If so I'd like to read it.

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24 / 10 / 06 - I note with interest that the Association of Salaried Medical Specialists are “assertively challenging” the WDHB’s provisional decision because they believed it was based on unreliable and misleading information.

Mr Powell of the ASMS says “The WDHB’s decision fails to comply with a new government protocol which requires that it actively and constructively engages with the health professionals involved in the provision of the service and to explore other means of achieving the DHB’s objective.

How does the Auckland DHBs decision comply with the new government protocol?  Based on my understand of the intervention judgment it would appear that the court case will be examining this.

I personally support their challenge and Dr Boswell's call for a national strategy.  Pathology is an industry with a worldwide labour  shortage.  New Zealand cannot afford to take a gung-ho attitude to reforming this industry because we risk alienating the already slender workforce. 

This is an opportunity for the government to show leadership, make good on the knowledge wave rhetoric, and direct these changes at a national level.  I ask the government to create a comprehensive national strategy to ensure workforce continuity and address the sustainability issues. 

From an economics perspective, it is obvious that each DHB, acting in their own economic interest, will behave in a prisoners dilemma fashion.  They will not individually make decisions which maximise the common good.

Given the specialist nature of this industry, and the fact that DHBs have an incentive only to act short term when awarding these contracts, it is surely logical for the government to step in and direct this issue with a national view, for the nation's good.

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23 / 10 / 06 - 13 police cars and 2 speed cameras later I made it back from Paihia to Auckland today.  It felt very safe on the roads despite the wet conditions.  Having a weekend away to sit and contemplate life somewhat.  I reflected on this, posted on 16/10 on LTA's website:

"This weekend will see the beginning of Labtests advertisements for Heads of Departments for each Laboratory Specialty. Labtests is planning to employ these positions as soon as possible.

They are exciting opportunities which will allow these managers to be involved in the technical aspects of the establishment of a major laboratory. This really is a once in a life time opportunity for people suitably qualified for these positions."

Presumably, many of the Heads of Department that Labtests Auckland are referring to, are currently working at DML. 

How can these HODs be in two places at once for the next eight months?

If they stay at DML, then how can Labtests Auckland possibly get up and running.  Surely that expert input will be required to establish a new laboratory.

If they move to Labtests Auckland, how will DML continue to function, and see out it's contract?

It makes you wonder just how feasible this robust plan really is.

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19 / 10 / 06 - Congratulations go to Harbour PHO who have been allowed to intervene in the judicial review of the community lab contract decision.  To read the full judgment click here.

This is a great decision because it will allow the PHO to represent the interests of their members, and by default those of many others in the hearing.  I believe that the consultation was totally inadequate, and I am confident that they will be able to argue this successfully. 

As I read the judgement, what it says is that Harbour PHO has adequately demonstrated that it has a direct interest in this decision, an interest that would not be adequately protected by DML when presenting their case.  The rest of the interveners were dismissed on the grounds that the Harbour PHO would adequately represent them, or they had not put forward a sufficient case.

So, while not all interveners where successful, one was, and I think ultimately they will fall in behind the Harbour PHO, whom I hope will present a strong and robust case.

A partial success, but a fantastic and significant one none the less.  The fact that the DHBs and Labtests Auckland both opposed this intervention, to me, shows nothing more than their desire to paint this dispute as a commercial contract.

It is clearly far more than a commercial contract.  This is a human decision which has serious implications for the the lives of Aucklanders, and the team that staffs community laboratory in this region.

Boo yeah! for the Harbour PHO.

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18 / 10 / 06 - I have just received a copy of the DML Laboratory Assistant job description, and compared it to this one put online by Labtest.

Fancy a game of spot the difference?

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17 / 10 / 06 - The New Zealand Association of Pathology Practices have joined the call for a moratorium on changes to community laboratory services.  How many more groups need to put forward their case before the government will take some action?  It is surely clear now that they cannot remain disinterested and at arms length from this issue.

A little birdie pointed out these meeting minutes from the CMDHB meeting on 9th September 2006.  Interesting section on the lab conract:

"Labs Project

· The project is now in the implementation phase with key individuals from Labtests Auckland leading each of the project areas.

· The judicial conference has not slowed down proceedings from Labtests perspective and Mr

Mules noted that the hearing is focused only on the tender process.

· Board members expressed anxiety around monitoring and requested detailed reports on key milestones in the implementation plan.

This was deferred to the Confidential section of the meeting."

A couple of questions I'd like answered:

  • Which board members are expressing anxiety?

  • What detailed reports have they requested?

  • Why was it deferred to the confidential part of the meeting?

Well spotted little birdie!

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16 / 10 / 06 - A great news report about the laboratory situation was on Radio NZ last Friday.  A quotable quote from Dr Bierre about "rhetoric" from pathologists:

"I think that they should actually front up and provide some hard information about what they are talking about.  They obviously haven't convinced the minister and they certainly haven't convinced me."

The Medical Association, several GPs, specialists and primary health organisations are trying to front up at the judicial review, but Labtest and the DHBs opposed their application to intervene. 

I wish Dr Bierre and the DHBs would front up and answer our questions.

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15 / 10 / 06 - I spoke today with an experienced nurse who said she had received a visit from Dr Bierre and Lee Mathias in her place of work (a DML collection centre) to solicit her for potential employment.  If this is their recruitment strategy I think it is deplorable. 

Placing advertisements in the paper and writing to them is one thing, ringing them is cheeky but acceptable, however turning up in someone's place of employment to solicit their CV is, she felt, intimidating.  I would agree.

Her reaction was praiseworthy.  A polite "thanks, but no thanks".  She is one of the many whom I have spoken to eyeing future employment either out of Auckland, or out of New Zealand. 

An experienced nurse with 10+ years experience who would rather leave town than work for the new provider.  You go girl! 

What a tragic loss of skills and experience for Auckland.

Another interesting thing which she discussed with me was the relationship which is formed between patient and nurse if regular testing is required.  Taking blood from someone is a very personal thing and for someone who requires regular testing, developing trust is crucial.  She recalled many patients or hers or her colleagues who would insist on having their blood taken by one person they knew well and trusted.

Along with the doctor and patient, community pathology completes the primary health triangle.  Where is the impact assessment and evidence of consultation with patients about this change?  If it exists I'd like it tabled so we can all read it. 

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13 / 10 / 06 - The New Zealand Medical Journal has an excellent article about the laboratory issue released today.  A couple of quotes from the article:

"Legalistic process and devices such as probity reports have been used as a shield from criticism by DHB planners focused on reduction of cost and business risk.  Clinical service consequences and clinical risk seem to have little influence in the final selection of providers."

"When service reporting workloads reach the point where there is insufficient time or enthusiasm for optional tasks, pathologists will withdraw and retrench out of necessity.  This can only become apparent after time, and reengaging the disenfranchised will be difficult."

"The changes will inevitably result in disruption of established clinical relationships....The changes result in clinical risk."

"The changes open new possibilities for cost-shifting and service reduction, and may work against innovation."

"When service reporting workloads reach the point where there is insufficient time or enthusiasm for optional tasks, pathologists will withdraw and retrench out of necessity."

"It is hard to escape a conclusion that in pursuing this disruptive and risky course the DHBs may be penny wise but pound foolish...When the chickens come home to roost, many of the managers responsible for these changes will have moved on, leaving the profession to contend with what may be a far less attractive future for those who remain."

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11 / 10 / 06 - Aucklanders react strongly to Health Minister's reassurances is the latest media release from Dontriskourhealth.com, echoing your comments on the forum, and challenging the Health Minister to wake up and get involved in this issue.  As the NZMA, ASMS and College of Pathologists have said: the crisis is here now.

The Government needs to step in and act.

Key points to ponder:

  • Pathologists and staff of DML have said they do not want to work for the new provider.

  • The pathologists and laboratory staff are highly trained knowledge workers who are in strong demand worldwide.

  • Why would they stay here out of sense of duty, when the Auckland DHB chair suggested they could work for the new provider or drive a taxi?

  • Once these professionals leave there is little chance they will come back.

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10 / 10 / 06 - It is astonishing that with so many national and international expert groups, such as the WHO, NZMA, Royal College of Pathologists, PHOs, and the College of GPs all warning about a pending disaster in community pathology, that the Government's reaction is, from Health Minister Pete Hodgson:

"[We] are confident that the fair and open tendering of lab contracts should not negatively impact on the number of pathologists working in New Zealand". (full article click here)

In my lifetime I have never seen so many groups be so outspoken and united with concern about a health issue.  100,000 Aucklander's have also signed a petition calling for a review of Auckland's lab contract decision. 

How can any responsible government dismiss such a vocal outcry?

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07 / 10 / 06 - A little birdie sent me an email with links to the most recent minutes from the Auckland DHB CPHAC meeting and Waitemata DHB Board meeting.  Click the blue underlined words to read them.

Points of interest from the Auckland meeting are items 1,2 and 4.  In the Waitemata minutes item 3.1. Some thoughts after reading the minutes:

  • Far from welcoming the delegation, Wayne refused to meet the delegation but changed his mind when the media arrived.

  • If during the RFP process a decision had been made not to use the hospital laboratories why, shortly after being awarded the contract, was Dr Bierre looking for spare capacity within the hospital system? Click here for that news article.

  • The irony of juxtaposing a decision not to release the roadmap with a notation that misinformation is being spread.  

If they would answer the questions of GPs and the public instead of making endless reassurances and use the word "robust" all the time there might be less speculation about what is happening.

Pretty basic really.

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05 / 10 / 06 - Dr Ross Boswell of the NZMA today released a statement entitled: Risks to laboratory services increasing.  He is calling for a moratorium on any further changes to laboratory services until a national policy can be created.

We support that call and encourage you to read the release.  The key points made are:

"a. There is a complete absence of a comprehensive national policy framework for the provision of laboratory services. As a result, DHBs are making critical strategic decisions about services in a policy vacuum, based entirely on local or regional factors and perspectives.

b. There is an over-riding context of trying to find cheaper ways of purchasing laboratory services in order to meet budgetary targets, to the potential detriment of sustainability, quality and safety. There is considerable risk that this drive to cheapness may lead to the penalising of associated clinical services by cost-shifting.

c. National implications for workforce and the long-term sustainability of laboratory services are not being attended to, and there is consequent risk that services may collapse locally or nationally. "

New Zealand's DHBs are overhauling this industry region by region, and opting for the cheapest provider, ignoring all the expert advice and refusing to listen to stakeholder views.  This is reckless, dangerous, and poses a serious risk to health in New Zealand.

Community pathology underpins diagnostic medicine.  Decimating the morale and destabilising the employment continuity of professionals in this industry will result in early retirements and relocations overseas.

Once they're gone, they're gone.  We will be the losers.

There is no one to replace them.

Are you comfortable with that....I'm not.

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04 / 10 / 06 - There was a comment on the forum today which requested more information about who is behind the site, and what the motivation was for setting it up. 

Who I am and why I'm involved has been well reported in the media. I haven't made a big deal of it on this site because I didn't want it to detract from the issue.  However, the questions raised are reasonable, so for those of you who haven't read the media reports, here's the background:

  • My wife works (update: worked) for Sonic Healthcare in a junior admin role.  I got involved in this issue when she brought home the petition. 

  • The site was setup of my own volition.  After researching the issue, and canvassing views from all the medical professionals I knew, I was so concerned that I decided to collect petition signatures myself online, and create a public forum and news hub.  Aucklanders need a voice in this debate.

  • I speak for myself, and on behalf of all the people who have, since seeing the site, joined the campaign with me.

I am concerned that Auckland's community pathology service is at serious risk and this poses a threat to public health.  My motivation is to see the best decision made after proper consultation with stakeholders. 

Self evident by the reaction of industry and the public, the community consultation before this decision was made was totally inadequate.  If the right decision has been made then after consultation it should stand, but this decision has not been made the right way, and so it needs to be reviewed.

To quote from my first blog posting:

"This is a campaign I have launched of my own accord and volition because I'm fed up with elected and appointed public servant bureaucrats making decisions, on behalf of their constituency, without genuine consultation.  This time it has really hit home:  they don't care what we think.  Their primary concern was cost, not my welfare.  That is very very scary.  "

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02 / 10 / 06 - Less than 48 hours after you heard it first on the forum, Labtest have announced their new lab at 37-41 Carbine Road, Mt Wellington.  It makes interesting reading. 

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01 / 10 / 06 - Click here for a report about the rally last week.  On the forum there has been some talk about location of Labtests Auckland lab, and suggestion that it will be a dual purpose facility. 

This is an unconfirmed rumour and I will make enquiries to confirm it's authenticity.  If you can corroborate this speculation - let me know.

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26 / 09 / 06 - Congratulations to the Counties-Manukau DHB for receiving the petition and protest today.  They, like the Waitemata board, have set an example to the Auckland DHB.  We await their formal response.  It's never too late to review a bad decision.

After speaking to several of the pathologists today, I have serious doubts that Labtest will be able to retain the expertise needed to run the new lab.  While they were committed to Auckland and Diagnostic Medlab, all of them had been offered jobs in Australia, and all of them said they refused to work for Labtest.

The pathologists I spoke to objected to working in a cut-price environment.  They were proud of the high quality of service they offered Auckland now, and said they would not compromise their professional integrity by working for a provider who may be under staffed or under resourced. 

Australia has a shortage of more than 150 pathologists right now.  Australian labs could employ the entire pathology staff of DML and still not solve their shortage crisis.

With better pay and working conditions beckoning overseas, why would they stay here and work for a new provider offering a Toyota style lean thinking environment?  They work with people, not cars.

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25 / 09 / 06 - Rally tomorrow at 19 Lambie Drive outside the Counties-Manukau DHB meeting, 12:30pm.  See you there!

WHO warns that rising workforce exodus threatens health systems

In an aptly timed announcement (click here), the World Health Organisation said today, from a committee meeting being held in Auckland, that the rising workforce exodus to wealthier nations presented a serious threat to health systems.

 The situation facing Auckland’s community pathology service is a prime example of exactly what the WHO is referring to.  To quote from the release “If present trends continue, this worsening shortage will push health systems to the brink of collapse…”.   

With the rhetoric coming from Dr Bierre like “They’ve got no where to go” (click here) and Wayne Brown: “They can work for the new provider… or drive a taxi” (click here), a shortage is looking increasingly likely.  DML staff have strongly protested this decision, and said they would rather leave Auckland or retire than work for the new provider.  Why would they choose a cut price provider offering a lab in ‘…any suitable factory building’, as Lee Mathias put it, over a foreign job with better wages and working conditions.

Pathology Collectors Course

Since the last newsletter a training company offering a “Pathology Collectors Course” has appeared from Australia and started advertising for students.  They didn’t have a website for New Zealand, but you can read the advertisement: click here

I have requested an information pack, but while I wait, I wonder how they will train a pathology collector in 2 days, while every other course I have seen takes from 6 weeks to 2 years.  Amazing! 

Auckland has plenty of trained phlebotomists, and the new provider has already announced the majority of cut backs will be in this area.  Is the new provider going to replace them with people who only have two days training?  I sure wouldn’t want these trainees taking my bloods!

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21 / 09 / 06 - According to Dr Bierre, Auckland only needs 40 collection centres. Should we be grateful he is supplying 43?

Here is a "per head of population" comparison showing how many collection centres other cities have (highest to lowest):

City Population Rooms Equivalent to Auckland
Melbourne 3.6m 398 176
Brisbane 1.8m 188 167
Sydney 4.3m 414 154
Vancouver 1.1m 67 97
Hobart 250,000 14 89
Auckland (before) 1.6m 84 84
Auckland (after) 1.6m 43 43

Auckland already has the lowest number of collection centres per head of population and now that is going to be halved.

I'm all for efficiency plans, and if point of care collection can be done that's great.  However, the new provider has signed a contract, promised Auckland better access to collection facilities, without prior agreement from the PHOs that will be relied upon to provide this service.  They have already indicated they are unwilling, so what is Labtest Auckland Ltd going to do?

Is this visionary or very scary?

19 / 09 / 06 - The Nelson-Marlborough DHB have announced their decision to award the community lab contract to Medlab South in yet another DHB decision which has been met with fierce local opposition.

Not surprisingly, the dumped provider is considering legal action. 

It is time for the government to urgently review the national community pathology strategy.  These changes are seriously undermining the industry and creating a long-term risk to New Zealand's health. 

We are already short of pathologists.  The short duration and unpredictability of the DHBs when awarding these contracts, largely on the basis of price, will encourage underinvestment in people and facilities, and ultimately lead to a decline in service levels.  It will inevitably create an environment where providers take risks to cut costs, and the consequences could be fatal.

The short sighted, save at all costs, mentality of the DHBs is ruining the health system.  Junior Doctors, Radiographers, Pathology...a pattern is emerging.  While they save money in the short term, we will all pay big time in the long run.

Remove the paper-shuffling, form writing bureaucrats from the system now.  This will provide ample money to contract sustainable service providers who will invest in, and foster, the professional community and standards required to provide a world-class health system we expect.

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14 / 09 / 06 - What other changes are in store with the new provider?  Well if this letter by Heather Roy is anything to go by then all of you who pay for healthcare twice by taking up private health insurance may be about to pay for your testing twice too.  

Is this part of the "innovative" approach to laboratory testing that we have been promised from the new provider, yet to be announced?  Is making private specialist patients pay for their own tests just one of the ways the new provider expects to save money for the DHBs?

I am starting to get very uneasy about the fuzziness and total lack of detail from the DHB and new provider about the new system.  It is making me anxious that they won't tell us where the new collection centres will be, where their lab is, who their staff are and which GPs have agreed to do point of collection testing.  The longer they delay the details the more I suspect that Aucklanders are not going to like the results.

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13 /09 /06 - Another great rally, this time outside the Waitemata DHB meeting today (click here for RadioNZ report).

Congratulations to the Waitemata board for their decision to accept the petition and front, with chairman Dr Dwayne Crombie mingling in the crowd before the rally began in earnest.  Reports suggest that during the presentation the board took an interest and engaged the pathologists who presented the petition. 

They are to be applauded for their open mind.  Their real challenge now is to admit that this contract was awarded without adequate stakeholder consultation, and review the decision.  Be brave Waitemata DHB, do the right thing by your constituents!

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12 / 09 / 06 - Quote of the day from Chris Gallagher of the Nurses Union -
"Auckland community is already under-resourced in comparison with worldwide big city centres and this decision to use a new unknown company whose current expertise is in animal testing is not be supported by our Auckland community." 

LOL.  I wonder if they'll get vets to do the testing, because it doesn't look like we'll have any pathologists.

Here's some interesting figures for you.  This from Healthscope's news site announcing the contract:

Margins:
• EBITDA margin expected to be in the range of 15 to 20% over the contract term.
Investment:
• Initial development costs and capital assume requirement to establish service from ground zero.
• Have been estimated to be at approximately $NZ18.0 million

How does this sit alongside this statement from Dr Bierre:
"We are not a cut price operation at all, we will be taking less profit..."

How much of the $15m savings are less profit, and how much are cutbacks, cost shifting, and wage cuts?  You really have to wonder.

I can't explain an $18m investment to win a $560m contract.  I understand just DML's lab alone cost over $50m.  What sort of lab and collection network are they going to setup with $18m?

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11 / 09 / 06 - Busy last couple of days.  I have now overhauled the front page to make it more interactive.  I hope you have voted in the online poll!

Yesterday I sent out the newsletter and a press release about the rally this Wednesday 1pm at Lincoln Green on Lincoln Road, outside the Waitemata DHB meeting.  Great response and feedback from you all about it I look forward to seeing you there.

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07 / 09 / 06 - Great protest, brilliant coverage.  Despite initially refusing to accept the petition, the ADHB reconsidered. In the face of overwhelming pressure they did accept it in the end.  Click here to see One News coverage of the picket. 

What does this show?  Bad decisions can be reconsidered!

The challenge for the DHBs now is to read the petition and public submissions, take stock, and review the lab contract decision.

Wayne Brown's comments I can only describe as sad:

"But DHB chairman Wayne Brown is unmoved and says critics need to get over it.
"They can either work for the new company or...drive a taxi," says Brown."
Article

How can someone with that lack of respect and empathy for health professionals possibly make good decisions on behalf of the Auckland public?  I wonder if that sentiment is shared by his elected colleagues on the board, who will be seeking re-election shortly.

If they value their positions, they would be well advised to listen to the public who elected them into office.  We will not accept our world class pathology service being put at risk.

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06 / 09 / 06 - TV3 and Radio New Zealand have both aired excellent articles about the lab contract and picket tomorrow.  I thank them for their quality reporting about this issue.

Well it has been another flurry of activity in the last 24 hours.  TV, radio and lots of discussion on the forum.  Your petition submissions and all the comments posted on the forum have been printed out and will be included at the picket tomorrow.  Thank you to all those who have commented or signed the petition.

A few quotes from Dr Bierre from this mornings radio interview :
(any errors or misquotes please bring to my attention and I will correct immediately)

"Recruitment is already underway, well underway....We have not contracted any pathologists as of yet, but we have had expressions of interest..."

"We haven't got to the stage of contracting with anybody yet.  We're still developing our HR systems.  We have employed an HR consultant as of Monday, so that process is well underway."

"...by the first of May we will be opening a full service laboratory so that we will have collection facilities in place..."

"We have an implementation committee that consists of 9 people.  6 of those have started laboratories of this size before in the past (Kathryn Ryan: from scratch?)...from scratch...(Kathryn Ryan: "In a new city in a new country")...yes."

"We are not a cut price operation at all, we will be taking less profit..."

"This is a significant contract for the people of Auckland it means they will get a better service than they have had in the past"

Questions which I think need answering after hearing that interview are:

  • How realistic is it to say that the recruitment process is "well underway" when you only employed an HR consultant on Monday and have no contracted pathologists with 8 months till 1 May when your full service lab is going to open?

  • If Labtest are going to have a full service laboratory up and running by the first of May, who is going to be working at DML laboratory for two months till 1 July processing 30,000 tests a day?

  • Who are the 6 people working for Healthscope who have started a laboratory of this size before, from scratch, in a new city in a new country, and in what timeframe did they do this?

  • If Labtests Auckland is not a cut price operation, how much are they going to pay the staff?  Posts from people on the forum have suggested the rate of pay for lab workers and phlebotomists is lower than DML.

  • In what ways will Labtests Auckland's service be better?  Two months later and we have yet to get the details outlining how they are going to trump the service offered by DML.  Stump up with the details Dr Bierre.  I'm getting tired of rhetoric, particularly the word "robust". 

Here is a link to a very interesting set of meeting minutes from Northern Regional DHB Coordination Meeting 9 June, 2005 at 3pm click here.  I quote from these minutes:

9 - Laboratory Project
Tony Bierre (Board member ADHB) and Bruce Gallop were introduced to the meeting at this point.
A considerable discussion evolved with two different scenarios involving the way forward with the goal of

  • Contracting private labs on a credible cost effective basis.

  • Improving the capability and capacity of hospital based labs.

  • CEs to provide update in July

What part, if any, did Dr Bierre play in shaping the Northern Health Boards views about the future of pathology in the region before he became inactive?  Has the Auditor General done a report on this matter?  If so could this please be released.

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05 / 09 / 06 - You can read our media release for the rally by clicking here.  To collect 100,000 signatures is a remarkable achievement and shows just how strongly the public feels about this issue.  This is a historic moment in Auckland health.  We have never seen a public reaction on this scale about a regional health issue.

I look forward to seeing you all at the rally this Thursday to present the petition. 

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02 / 09 / 06 - Latest news! Another rally this Thursday 7th September 8:30am outside Auckland Hospital. 

The petition, which  last I checked was signed by over 90,000 people, (including those who've signed online), will be presented to the district health boards.  See you there.

I have organized a meeting for Monday with a North Shore MP to raise our concerns, stay tuned for how that goes. 

Updates to the website include the introduction of a hit counter.  I have started it off using last months figures.  Now you can all see at a glance how many eyeballs we're clocking.

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28 / 08 / 06 - I am still astonished after reading this article (click here) by Nick Smith in the Listener entitled "Testing Times".  The comments coming from Dr Bierre and Gary Smith I find scary:

 "“I know the GPs are saying we won’t do it,” says Smith, “but I would be keen for you to remind us all that we are actually here for the patients.”

Has Garry Smith taken the Hippocratic oath like the doctors have?  I would suggest given the current environment no GP would be here but for the patients.  What, one wonders,  is Gary Smith here for?

Both he and Bierre are scornful of any risk posed by the flight of pathologists overseas. “They’ve nowhere to go,” says Bierre. “They try to manipulate the whole process to their ends, they threaten to resign and they go home and the wife says, ‘I’m not going, I’m not leaving.’"

Is the health of Auckland dependant on the goodwill of GPs and pathologists' wives? (Isn't that a bit sexist? Husbands too!) 

If this is indicative of the esteem Dr Bierre has for Pathologists then I fear he will have great difficulty recruiting anyone but the most desperate.  I would find it difficult to accept working for someone who thought of me or my professional colleagues that way.

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25 / 08 / 06 - Hurrah! This is more like the reporting of the rally that it deserved.  Check this out: "Thousands march for Medlab".  I have no real idea how many people were there but it was sure more than 500 that some media reported.  One posting on the forum claiming to have talked to the police said it was a few thousand.  I rang the Auckland Police to check this fact but could not get an answer.

I made some enquries and managed to find a transcript of the questions posed in Parliament about the contract.  Click here to read the full transcript.

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23 / 08 / 06 - The releases from Labtest suggest they have had a great response to their advertisements and people are positively falling over themselves to be working with them.  The word from industry is totally different.  Someone is telling porkies.   I don't know who to believe.

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19 / 08 / 06 - Awesome march.  It made a powerful statement.  Most important was the diversity of people there: Jo Public, GPs, Pathologists, Greens, Union members and officials, of course Diagnostic Medlab Staff.  I believe there was at least 500 people there, if not a thousand.  The Auckland community will not let it's world class pathology be ruined by a DHB determined to take crazy risks to cut costs.

To paraphrase Keith Locke - they must not choose dollars over sense.

Great media turnout, I spotted a couple of big cameras and spoke to several reporters from major news agencies.  NewsTalk ZB's article can be found online already click here.  Audio reports click here.

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17 / 08 / 06 - Another day with some significant developments

Development one
Green MPs for Auckland, Sue Bradford and Keith Locke have joined the calls for an urgent review.  A brief quote from the release you must read:

“We also have reservations about the fact that Labtests is partly owned by Dr Tony Bierre, who was a member of the Auckland DHB and played a key role during early discussions about the restructuring of lab services, actually making a presentation on the issue to the Northern DHBs Coordinating Committee,” Ms Bradford says.

“The three Auckland DHBs are taking a huge risk by opting for dollars over sense,” Mr Locke says.

“Medical professionals and the people of Auckland should not be used as guinea pigs in a cost-cutting exercise which risks enormous systemic failure by mid next year.

“We call on the three Auckland DHBs to reconsider their decision, and on the Minister of Health to take a close look at what is really going on here before it is too late,” Mr Locke says.

Read the full release - click here

I support their calls for the Minister of Health to examine what is going on here.  See you on Saturday Green Party!

Development two
I have received a communication claiming that the Auckland region Pathologists met last night and have signed a letter, sent to the Government, stating they are unwilling and have no intention to work with the new provider.  This is serious.  Australasia is already short of pathologists, this article published by Royal College of Pathologists Australasia has a compelling discussion about the serious shortage of pathologists and lack of trainees coming through the system.

This decision may result in an exodus of younger pathologists from Auckland and the retirement of those advanced in their career.  There is a real possibility that there will not be a pathology workforce this time next year large enough to cope with the workload.

Pathologists are the single most crucial element of this whole debate.  Without their expert eyes examining our samples we are at serious risk.  Does anyone remember what happened in Gisborne?

If the Auckland District Health Boards and Labtests Auckland cannot reach an agreement with the pathologists in the region to support the new provider they risk a real disaster.   If they were responsible they would have consulted with, and got the support of, the pathologists before awarding the contract to a new provider.

Development three
Greypower have joined the protest and challenge the lab change too.  This, like the Greens announcement, is important news.  It is an issue which the members of Greypower have a significant stake in and it is wonderful to see they have examined the situation and declared heir position.   See you on Saturday Grey Power!

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16 / 08 / 06 - Well a week has passed and there have been some fantastic developments.  The rally is going ahead, and there has been some serious action in the papers, with a letter to the editor from the CEOs of the DHBs and several releases telling us all to move on. 

The DHBs will not shut this issue down by going deaf and telling us to move on.  Our health is at stake here and there is widespread concern about this issue.

We're moving on alright, moving en masse.  This Saturday is an opportunity for the Auckland Public and medical industry to get out and stretch their legs marching up Queen St, while telling the DHBs in no uncertain terms what we think of this decision.

Be there at QE2 Square - 1:45pm!

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09 / 08 / 06 - Great news today, Diagnostic Medlab has taken legal action in the high court over the awarding of the laboratory services contract.  Finally they are taking some serious action.  We shall see what comes of this action over the next few weeks.  This decision deserves at least a judicial review.

The latest whispers are that the march will be Saturday 19th of August.  I hope to see you all there.  Firm details will be announced once released.

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08 / 08 / 06 - I have just googled and found the ADHB release sent out through Scoop on the 4th of August.

Here is classic spin:  "ADHB Board chair Wayne Brown says Dr Bierre went beyond the statutory requirements in standing down from all board business six months prior to the community laboratory RFP and was not privy to any information or participated in any discussion or decisions regarding the tender."

They protest their innocence too much.  Dr Bierre might not have been privy to information once the RFP was released and contract put out to tender, but he was on the board while the RFP was being created!  Questions need to be asked about this.

Should an elected member of a public board, representing us, be allowed to tender for a contract awarded by the board?  Isn't it an amazing coincidence.

Ps. Did you notice the word "robust" in this release too? I did!

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06 / 08 / 06 - Labtests Auckland have released a progress update.  No details, more reassurances.  I challenge Labtests Auckland to be more forthcoming with the details.  Anyone can give reassurances.  Where are the details?

"It is still early days but Labtests is moving quickly to put into action its advance planning so that people can start to see for themselves how we will operate and the high standards we intend to impose." - Progress Update

It is still early days?  They have less than 11 months now to setup an extensive testing network and laboratory. 

Advance planning? How advance was their planning?  I wonder if it was advanced before Dr Bierre stood down from an active position on the DHB? 

"High standards we intend to impose."   I ask exactly what standards they intend to impose on the Auckland public.  Are they the same standards of service we have come to expect?  Where is the detail?

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04 / 08 / 06 - I have heard rumors that there will be a rally soon.  Stay tuned for details.  Get all your friends ready for a rally Saturday 19th in Central Auckland.

Dr Bierre has resigned from the Auckland District Health Board.  How convenient.  According to the Herald article he was elected in 2004. Now that Labtests Auckland has the contract for community laboratory testing he must be too busy to hold this public office position.

Is this the only reason why he was a member of the Auckland DHB?

There needs to be serious inquiry into what role he played in the formation of the RFP for this contract, and what knowledge he might have had when pitching his tender.  Something smells very funny here.

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01 / 08 / 06 - News of the day is a rumour posted on the forum:

"Sherralynne: I've heard a rumour that Labtest are offering a very low pay rate to phlebotomists, around the level of our brand new, in-training, pay rate."

We are seeking verification of this rumour.  If you can substantiate Sherralynne's post please contact us here.

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27 / 7 / 06 - Three developments today, the report on Close Up TV1 at 7pm (click here to watch), which asked some difficult questions that I felt were poorly answered.  The word "robust" was used three times, is it starting to sound like a broken record to you too? 

If the plan is so "robust" why not confidently reveal it to us all?  Little detail is being drip fed and at times it has been contrary (see below entry 25/07/06 10pm).

The most relevant point made in this interview was that right now they don't have any people.   If the Diagnostic Medlab staff stick with the company and back their team, Labtest will have real difficulty in delivering on their milestone obligations, one of which surely would be recruitment.  Stay strong and hang in there - the public is supporting you.

Second development - the pathologists letter read out at the end of the Close Up report.  I wish I had taped it to listen to it again but the gist of what heard appeared to suggest they were quite happy where they were and would not be seeking employment elsewhere.  No pathologists = no laboratory.  Simple as that.  If anyone can quote exactly what was in that letter please email me and I'll publish it because it could prove crucial. 

If Labtest are going to have to import an entire staff of pathologists they have a monumental task on their hands.  Good luck Labtest!

Third development - the strong words coming out of DML.  This I missed yesterday but it has answered some questions (at least someone has!) - they are not going to roll over and play dead.  Two points of interest:

  • DML is one of the most efficient of all Sonic’s laboratories

  • Sonic’s Ellerslie laboratory is not available to Labtests

Looking at the release appears DML bid approximately $5m below their current contract.  The DHB are saying it is a $15m pa saving, therefore Labtest must have bid approximately $10m below this, based on the rough figures made public to date.

If DML is one of the most efficient labs in the Sonic Group, how exactly are Labtest going to top that by $10m a year?  I really want to know how.  So far we've had reduced collection centres, longer turn-around times (depending on which release you read) and on-site testing.  Is this all?  I wonder.  What other "savings" have they got in store?

By making their Lab unavailable to Labtest, Sonic are really laying down the challenge.  On the news tonight the figures were a bit confused between $80m and $18m that Labtest had set aside for setup costs, but needless to say, if they do have to find a lab and set it up.  This will be a tremendous undertaking in 12 months, especially if they are also having to setup collection centres and hire 300 staff.

Having just won the contract, and with this great task ahead of them, you really have to wonder about their ability to deliver when the CEO is on holiday in Fiji.

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25 / 7 / 06 -10pm- Thanks to Dee for posting a link to a Labtest's Notice to Patients

In this letter, I quote that Labtest Auckland says:

In the NZ Herald's article $560m laboratory contract will halve number of blood-test clinics, Dr Bierre is reported : "He said one area in which Labtests Auckland could make savings was in lengthening the turn-around times of non-urgent tests, which were sometimes done more quickly than necessary."

In Labtest's Letter to GPs they state:

Both media releases and the NZ Herald story contradict.

Are turn around times going to increase, decrease or are they yet to be determined? I am puzzled!  Three reports, three different answers.

Who has not got their story straight?

In LTA Letter to GPs they have said:

"We are writing to reassure you about the improved laboratory services we will be providing to the communities covered by the three District Health Boards in the Auckland region, from July 2007."

I don't see anywhere in this letter where they quantify this statement.  I challenge Labtest to publish their plans for improving the laboratory services currently offered in Auckland.  So far as I'm concerned, Diagnostic Medlab have been providing a superb service, and if Labtest think they are going to improve on it I am really keen to know how.  Show us your plans Labtest!

They have also said in this letter:

"The contract Labtests Auckland has signed with the DHBs is detailed and prescriptive."

LTA has also said in its press release:

"Under the confidential contract, Labtests Auckland has signalled its willingness to institute a more open and transparent cost structure with the ARDHBs to help them make their health budgets go further in addressing community needs."

I challenge Labtest to institute a more open and transparent cost structure with the public and publish the contract.  What other changes are in store?  Lets all see the detailed and prescriptive arrangement and judge for ourselves whether we believe they are up to the challenge.

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25 / 7 / 06 -6pm- Introducing the Campaigner of the Week - Bruce

You can get your "I trust Diagnostic Medlab!" t-shirt at Logoland in St Lukes Mall near Whitcoulls.  Contact me if you are interested to purchase one.  I would suggest we add dontriskourhealth.com underneath.

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24 / 7 / 06 - Well I got a nice surprise this morning to open the NZ Herald and find that Mr Rudman appears to have really taken a liking to me.  Click here to read his article.  He is truly skilled in the art of flaming

I have sent a letter to the Editor of the NZ Herald (click here) replying to Mr Rudman.  He has now taken two swipes at me, I think it's only reasonable the Herald afford me the opportunity to state my case and defend this website.

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22 / 7 / 06 - *Newsflash* - get your "I trust Diagnostic Medlab!" T-shirt from Logoland in St Lukes Mall next to Whitcoulls.  What a great idea.  Big ups to whoever got that t-shirt patter made up and printed!

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22 / 7 / 06 - Thank you everyone, the response has been totally overwhelming.  I felt passionately about this issue, but it has really blown me away to see how many of you care deeply about this too.

In the last 24 hours I've spoken to one reporter, been bagged by Rudman, and received a flood of messages supporting the petition.  All in all this is an encouraging start!  

To all the supporters of this petition:  We have to get the word out there and raise awareness.

This petition is about urging the DHB to consult with the public, and reconsider their decision.  We are encouraging them to make a decision in line with public values, and not take unnecessary risks with our health.

Cheaper is not always better and anyone can put costings on paper.  DML knows from experience what it costs to run community laboratory services in this area.  Surely if DML are saying it's not feasible to run it that cheaply we should take notice.  They are the experts with the experience.

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21 / 7 / 06 - Well its launched!  Finally at 3 o'clock yesterday morning I managed to get the basic website finished and integrate the tag board.   I've never undertaken a website like this but it's amazing the energy you find to put into something when you're really passionate about it.

This is a campaign I have launched of my own accord and volition because I'm fed up with elected and appointed public servant bureaucrats making decisions, on behalf of their constituency, without genuine consultation.  This time it has really hit home:  they don't care what we think.  Their primary concern was cost, not my welfare.  That is very very scary. 

During my lifetime, when required, Diagnostic and Medlab, and then DML, have provided an outstanding service of the highest calibre.  The DHBs have made a truly awesome decision on our behalf without even asking us what we think. 

Ballsy and brave or arrogant and short sighted?  You decide.

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