Patients undergoing IVF treatment are being warned about unregulated “concierge clinics” after a popular one went bankrupt, leaving many clients without treatment or refunds.
As the number of privately-funded IVF cycles has increased, online concierge companies have emerged, acting as intermediaries between patients, donors, and doctors.
The fertility regulatory authority has stated that since these clinics do not directly provide IVF treatment, they do not have the power to regulate them. They are calling for the law to be strengthened in order to protect patients.
Syreeta Sandhu lost nearly £15,000 when her concierge clinic went bankrupt. “You’re left completely helpless,” she said. “What started as sadness has turned into frustration and anger.”
The 40-year-old mother-of-two contacted the online company Apricity Fertility after four failed rounds of IVF and five miscarriages, in the hopes of having a third child.
She paid Apricity, which matched her with an egg donor and contracted with established clinic King’s Fertility. She was scheduled to begin treatment in December of last year, but her appointments were cancelled without explanation.
Syreeta found out through the company’s app that it was ceasing operations on January 1st.
When she contacted King’s, the clinic stated that data protection rules prevented them from accessing her file or information about her egg donor. Since Apricity had not paid them, her treatment could not proceed.
“When you’re on this journey, every month counts. You’ll do anything, and you do throw lots of money at it,” she said.
“It takes a long time to find [medical staff] you can trust,” she continued. “I spent almost 12 months building that trust and it just disappeared.”
Concierge clinics offer services such as matching patients with donors and doctors, scheduling appointments, and delivering medication.
The exact number of these clinics operating in the UK is unclear, but experts believe their numbers are increasing.
Satellite arrangements, where patients attend medical appointments with one doctor (usually their own GP) and then undergo the IVF process elsewhere, are a well-established setup in fertility care. However, concierge clinics do not have physical premises or store eggs, sperm, or embryos themselves.
The fertility regulatory authority, the Human Fertilisation and Embryology Authority (HFEA), is warning patients that these new services are not covered by their protections.
Clare Ettinghausen, the director of strategy and corporate affairs at the HFEA, stated: “The aftermath of Apricity’s closure and its impact on patients highlights how the current law does not adequately address the range and types of fertility treatments being offered today.”
She said that the regulatory authority is calling for the Human Fertilisation and Embryology Act to be revised in order to take into account the various ways in which fertility services are provided.
Syreeta is one of 52 patients who are owed money by Apricity. According to the liquidator appointed to manage the company’s debts, Cork Gully, the company owes a total of £119,000 to its patients.
Beth Rodgers, a 32-year-old from Belfast, has Turner syndrome, a rare genetic condition that prevents her ovaries from producing eggs. Because Northern Ireland has a severe shortage of egg donors, Beth had to find a donor in England.
She and her partner paid Apricity £4,600 and were matched with an egg donor.
“Then I saw a comment on a Facebook group saying ‘thinking of everyone affected by the Apricity news,'” she said. “There was no communication, no number to call.”
The couple were able to recover some of the money through their insurance, but it did not cover a £385 fee for a doctor’s appointment and £985 for donor compensation.
“Time was probably the biggest thing I felt like I lost. It was such a long process,” Beth said.
She has now resumed treatment with a regulated clinic. She has had appointments with a doctor in the Republic of Ireland and traveled to Manchester for the embryo transfer.
Although the transfer was unsuccessful, she will be able to receive another round of IVF through her insurance with a different egg donor.
In recent years, more British couples have paid for private fertility treatment, in part because IVF on the NHS is a postcode lottery.
Jonathan, not his real name, and his wife underwent five failed rounds of IVF before turning to Apricity. They paid £10,000 for treatment with their savings and a loan.
“We’ve been told there’s no realistic chance of getting our money back,” he said. “We haven’t been able to resume treatment yet as we’re still trying to raise finance.”
In a letter to Jonathan and other patients, Cork Gully stated: “It is unlikely that there will be funds to pay to patients.”
The company advised any affected patients to get in touch.
The BBC attempted to contact Mel Chacksfield, who was the chief executive of Apricity when it ceased operations, to inquire why the business had gone bankrupt and if patients would be refunded, but she did not respond to their request.
However, Caroline Noublanche, one of the company’s founders and the previous chief executive, told the BBC that the company had “faced sudden and irreversible financial difficulties in December when planned investment from an investor was withdrawn.”
Prof Emily Jackson, a researcher in medical law and ethics at the London School of Economics, stated: “You need a license to handle embryos, sperm, and eggs, but you don’t need a license to offer to arrange things on the internet.
“For people considering their options, it is probably wise to choose treatment at an HFEA-licensed clinic, as they have responsibilities towards patients in the event of closure.”
These responsibilities include providing patients with information and ensuring they receive support. The clinic must also ensure that all eggs, sperm, and embryos in storage are kept safe.
A spokesperson for the Department of Health and Social Care told BBC News: “While digital or ‘virtual’ clinics are currently not within the jurisdiction of the Human Fertilisation and Embryology Authority, ministers have met with its chair to discuss the emerging regulatory challenges.
“The government is currently considering the recommendations of the HFEA on modernizing fertility law. We would advise anyone considering using digital clinics to conduct thorough research before making any decisions.”
King’s Fertility, the clinic that was providing treatment for Syreeta, was a contractor for Apricity and is now a creditor of the company.
Its director, Dr. Ippokratis Sarris, a consultant in reproductive medicine, stated that it is likely that more concierge clinics will emerge in the future as patients seek convenience and flexibility.
“The shift towards more remote and digital models of care is an inevitable progression in today’s world. This is increasingly what patients want, and often prefer, so it’s important that we don’t deny them that choice,” he said.
However, he advised patients to do thorough research before selecting a provider and to be cautious about paying upfront for multi-cycle packages.
“It’s wise to investigate how long a clinic has been in operation, who owns it (NHS, private individual, or private equity), and make an informed decision,” he added.
“We shouldn’t resist change, but we must proactively shape it responsibly.”
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