Patients undergoing IVF are being cautioned 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 “middlemen” between patients, donors, and doctors.
The fertility watchdog has stated that as these clinics do not directly provide IVF treatment, it does not have the power to regulate them. It is calling for stronger laws to protect patients.
Syreeta Sandhu lost nearly £15,000 when her concierge clinic went bankrupt. “You’re at your lowest point,” she said. “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, hoping to have a third child.
She paid Apricity, which matched her with an egg donor and contracted with established clinic King’s Fertility. She was supposed to start treatment in December of last year, but her appointments were canceled without explanation.
Syreeta found out through the company’s app that it would be closing on January 1st.
When she contacted King’s, the clinic stated that due to data protection rules, they did not have access to her file or information about her egg donor. They had not been paid by Apricity, so her treatment could not begin.
“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 said. “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.
It is not clear how many of these clinics are operating in the UK, but experts believe their numbers are growing.
Satellite arrangements, where patients attend medical appointments with one doctor, usually their own GP, and then undergo the IVF process elsewhere, are an established practice in fertility care. However, concierge clinics do not have physical premises or store eggs, sperm, or embryos themselves.
The fertility watchdog, the Human Fertilisation and Embryology Authority (HFEA), is warning patients that these new services are not covered by its protections.
Clare Ettinghausen, director of strategy and corporate affairs at the HFEA, said: “The aftermath of Apricity’s closure and its impact on patients highlights how the current laws do not reflect the range and type of fertility treatments being offered today.”
She stated that the watchdog is calling for the Human Fertilisation and Embryology Act to be revised to account for the different ways fertility services are provided.
Syreeta is one of 52 patients owed money by Apricity. According to the liquidator in charge of managing its debts, Cork Gully, the company owes a total of £119,000 to its patients.
Beth Rodgers, 32, from Belfast, has Turner syndrome, a rare genetic condition that prevents her ovaries from producing eggs. Because Northern Ireland has a severe shortage of donor eggs, 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 get some of their money back through 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 I lost. It was such a long process,” said Beth.
She has now restarted 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 with a different egg donor through her insurance.
In recent years, more British couples have paid for private fertility treatment, partly because IVF on the NHS is a matter of chance depending on where you live.
Jonathan, not his real name, and his wife went through 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 because we’re still trying to raise funds.”
Cork Gully told Jonathan and other patients in a letter seen by the BBC: “It is unlikely that there will be funds to pay to patients.”
The letter advised any affected patients to get in touch.
The BBC reached out to Mel Chacksfield, who was Apricity’s chief executive at the time of its closure, to inquire about why the business went under and if patients would be refunded, but she did not respond to our request.
However, Caroline Noublanche, one of the company’s founders and the previous chief executive, told the BBC that the company “faced sudden and irreversible financial difficulties in December when planned investment from an investor was withdrawn.”
Prof Emily Jackson is a researcher in medical law and ethics at the London School of Economics. She said: “You need a license to do things with 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 opt for treatment at an HFEA-licensed clinic because they have responsibilities toward patients in the event of closure.”
Those responsibilities include providing patients with information and support if an HFEA-licensed clinic closes. 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 not currently within the scope 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 HFEA’s recommendations for modernizing fertility law. We would advise anyone considering using digital clinics to do thorough research before making any decisions.”
King’s Fertility, which was providing Syreeta’s treatment, 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.
But he advised patients to do thorough research before choosing a provider and to be cautious about paying upfront for multi-cycle packages.
“It’s wise to look into how long a clinic has been established, who owns it (NHS, private individual, or private equity), and make an informed decision,” he added.
“We shouldn’t resist change, but we do need to be proactive in shaping it responsibly.”