CHAPTER 14 Managing interorganisational contractual arrangements
After studying this chapter, the reader should be able to:
INTRODUCTION
Interorganisational contractual arrangements are receiving greater attention in all industries as economies worldwide move towards a market orientation. In the health industry, there has been a move away from the direct provision of services by large government organisations, in which control was achieved through hierarchical systems of management and standardisation of work processes, towards market-like arrangements (Alford & O’Neill 1994, Domberger & Hall 1996, Mandell & Steelman 2003). For example, contracts have become a mechanism for structuring relationships between members of organisations (e.g. employment contracts) and between organisations (e.g. service agreements and partnerships). For health service managers, this policy shift, from ‘hierarchy to market’ orientation, has changed the institutional forces affecting their work. Competition for contracts and the management of contracts, for example, have become much more important.
The focus of this chapter is the management of interorganisational contracts that are entered into voluntarily and where each of the parties has an ‘understanding’ of what the other will deliver and how business exchanges between them will be managed. Starkweather (1981) defines these contracts as ‘negotiated agreements for the exchange of future performance’, while Domberger et al (1997) refers to these cooperative arrangements as ‘partnering’ (p 777). According to Starkweather, ‘these agreements rest either on faith and belief that each party will perform in order to maintain its reputation or prestige, or on specific documents which third parties can assess for penalties for failure, as in a binding legal contract’ (p 60). For example, a hospital and a supplier of hospital products may enter a special purchaser–supplier agreement for their mutual business advantage or a private hospital and a public hospital may enter an agreement to pool certain of their facilities, equipment and staff. A small business primary care medical service and a small business medical specialist service may enter an agreement as to how they will ‘share the care’ of patients with complex medical problems. Each party to the agreement will have certain expectations of the other. In the case of hospital purchaser–supplier agreements, the hospital may expect the outcome to be low-cost quality medical products and support services, while for the supplier the expected benefits may be purchaser loyalty and increased certainty with less need to use resources on the maintenance of the relationship and the marketing of products. The relationship aspects of interorganisational contractual arrangements are emphasised in this chapter.
The chapter begins by exploring the concept of power and how it affects the development and management of contracts among small business general practice organisations and small business medical specialist organisations. These contracts may be based on verbal understandings which may or may not be confirmed in writing. Social exchange theory is used to illustrate the relationship aspects of contracting together with the notion of trust and the establishment of norms associated with building confidence in a relationship. Concepts from transaction cost economics provide a basis for exploring the effective management of contracts. Finally, the chapter provides some guidelines for the effective management of interorganisational contractual arrangements. Throughout the chapter interviews with health service managers are used to illustrate issues in the management of interorganisational contracts.
CONTRACTS AS STRATEGY
Resource dependency theory
Resource dependency theory views organisations as part of a larger resource system in which there is constant struggle and interaction as organisations compete to acquire and secure the resources they need to achieve their ambitions (Cook & Emerson 1978, Pfeffer & Salancik 1978). Competition for finite resources, changes to funding arrangements and increasing demands for services are leading to high levels of organisational uncertainty in the health industry. Uncertainty motivates organisations to act in ways that assist them to maintain and extend control over territory and resources. Territory claimed by health service organisations includes space, resources and functions. These may include, for example, claims about the illnesses addressed, the population served, and the services provided (Provan & Milward 1995). The drive to maintain and extend control may take a number of forms, including competition (‘business is war’) or cooperation, in which case some form of contractual arrangement may be involved (Limerick et al 1998, Mandell & Steelman 2003).
The starting place for many interorganisational contractual arrangements is a strong organisational imperative, such as a need to share financial risks or to gain additional expertise combined with a willingness to collaborate and pursue shared goals. Embedded in collaboration is the concept of shared power (Gray 1989) and a belief that collaboration will not result in loss of autonomy or influence over domain. ‘Stakeholders in a collaboration essentially share the power to define a problem and initiate action to solve it’ (Gray 1989, p 112). They do this, not out of altruism but by using the sources of power available to each of them in an understanding that they have more to gain together than alone. All parties involved have some power, but not necessarily the same amount or kind. Large inequities in power are a disincentive for collaboration and consequently for collaboration in contracting. A contract contains an agreement as to who will do what, when, under what conditions, and the penalties that will apply should the agreement not be adhered to. However, enforcing a contract through the legal system is expensive. Consequently, parties to a contract frequently relate to each other collaboratively to avoid enforcement costs.
Interdependence increases as resource scarcity increases
The interorganisational literature is agreed that interdependency among organisations proliferates under conditions of resource scarcity and increased specialisation or differentiation within an industry (Pfeffer & Salancik 1978). Under such conditions organisations restrict their activities to specific functions, sometimes referred to as focusing on core business, and as a consequence they become increasingly dependent on other organisations to supply them with goods and services which they no longer produce in-house (Kanter 1994). For example, the core business of a small, not-for-profit, aged care and palliative care hospital may be defined as the provision of clinical services to patients, while other services, such as laboratory and cleaning, may be perceived as non-core business. It may decide that it would be more cost effective for it to purchase these services from other organisations. Hence it searches out and enters into contractual arrangements with other organisations for the provision of these services. These contractual arrangements may provide the hospital with benefits, such as cost savings in the employment of staff, improved security and quality in the maintenance of facilities and equipment, and potentially fewer management hassles. Some health service managers report that it is less time consuming and easier to manage a number of contracts than to manage diverse services in-house.
Power among organisations
The power of any organisation vis-à-vis another increases or decreases according to how much other organisations want what they have to offer (Marsden 1983). The more specialised and unique the resources controlled by a particular organisation, the more power that organisation is likely to hold (Alexander & Morlock 1994). At the same time, the more general and readily available within the industry the resources controlled by a particular organisation, the less other organisations will value what it has to offer, hence the less power it will hold. For an organisation to increase its power it must either increase the dependency of other organisations on it or decrease the extent to which it depends on other organisations (Emerson 1972).
The picture that emerges in a local industry is one of many business exchanges between organisations, each of which is constantly engaging in strategy and tactics to enhance its ability to control resources vital to its survival and achievement of future ambitions (Silverman 1987, p 196). Contracts are a device for formalising these exchanges, thereby adding an element of control. This is the situation with ‘shared care’ agreements between small business general practitioners and medical specialists in Australia, where doctors are largely remunerated on a fee-for-service system (see Case Study 14.1). As previously indicated, these contracts may be based on verbal understandings which may or may not be confirmed in writing.
CASE STUDY 14.1 APPLYING RESOURCE DEPENDENCY THEORY TO CONTRACTUAL ARRANGEMENTS IN A REGIONAL HEALTH CARE NETWORK
Economic survival for these small-business practitioners relies on the maintenance of a viable patient load. Developing a good reputation among patients is essential to maintaining patient load. A general practitioner who is known to be well connected with medical and non-medical specialists is likely to attract more patients. However, herein lies a dilemma for the general practitioner. Referrals to specialists contribute to one’s reputation as a state-of-the-art practitioner, but except in rare situations the general practitioner does not wish to lose these patients to specialists (medical or non-medical).
THREE TYPES OF ORGANISATIONAL INTERDEPENDENCE
Interdependence among organisations varies with their respective goals and the nature of their business exchanges (Longest & Klingensmith 1994, p 184). In turn, level and type of interdependence influences the methods used by managers to achieve effective linkage, including the management (or coordination) of contractual arrangements (Bolman & Deal 1984, Thompson 1967). Thompson (1967) defined three types of interdependence, namely, ‘pooled, sequential and reciprocal’ (p 64).
Pooled interdependence
Pooled interdependence occurs when organisations which are not necessarily closely connected pool certain of their tasks or resources to achieve their various objectives (Alexander 1995, p 3). In the health industry, pooled interdependence is most evident in the public sector and in other situations of resource scarcity, such as in rural areas. Under such environmental conditions, organisations may pool certain tasks and resources (e.g. planning and evaluation) to achieve greater cost effectiveness in the provision of services to patients. On the other hand, in the private sector, competition for resources may lead organisations that would normally compete with one another to consider pooling their expertise for their mutual benefit. For example, they may pool their resources to enhance their ability to attract patients or consumers or to enhance their negotiating power with larger organisations (e.g. pharmaceutical companies and government funding bodies).
Sequential interdependence
Sequential interdependence occurs when one organisation’s, or unit’s, output provides the input for another (Alexander 1995). For example, in a large vertically integrated service delivery system the flow of patients may be from a diagnostic assessment centre to an inpatient medical centre, to admission to a rehabilitation unit, to discharge home, with support services provided by a community health centre. In other words the flow of inputs and outputs of each unit is serial in nature through the course of an episode of patient care. However, there is also a pooled dimension because the inputs and outputs of each health care unit contribute to the overall objectives of the wider patient care system.
Reciprocal interdependence
Reciprocal interdependence is more complex in that there is a two-way exchange of outputs and inputs between organisations (Alexander 1995, p 32). For example, an acute hospital may reach an agreement with a rehabilitation service to cooperate in the care of patients, and as a result the number of exchanges (patient referrals, communications etc) between them will increase. Importantly, these exchanges will flow in both directions, with the acute hospital discharging patients routinely to the rehabilitation service and the rehabilitation service routinely referring patients to the hospital if acute episodes of illness occur. Reciprocal interdependence implies that the parties to a contract acknowledge that there are benefits for each of them in the relationship. For example, in a ‘shared care’ contractual arrangement, the expected benefit for each private medical practice is a reduction of uncertainty over the future viability of their practice through increased control over their exchanges. Hence, the interdependence is reciprocal and there are costs to both parties should the relationship break down.
CONTRACTS AS SOCIAL EXCHANGE
Contract negotiations and social exchange
The basic premise of social exchange theory is that a given behaviour is maintained by the pay-offs that individuals receive (Blau 1964, Homans 1958, 1974). The more mutually rewarding and less costly the behaviour required of each party in the exchange, the more desirable the outcome (Starkweather 1981, p 59) and the more likely that exchanges between the parties will be maintained. Inherent within this construct is the first principle of economics, namely, that people ‘calculate the long-range consequences of their actions in the marketplace in an attempt to maximise their material profits in their transactions’ (Turner 1991, p 311). Homans (1974) argues that people do not always seek to maximise profits but only to make some profit, and that exchanges are not only monetary but include social commodities, such as approval, esteem, compliance and friendship. This is true with respect to the negotiation and management of interorganisational contracts in the health industry.
Social exchange theory proposes that members of high-status groups are more able to bestow rewards and punishments than are members of a group with lower status. Differences in social status are very evident in the health industry, despite strong support for notions of equality and participatory decision-making. These observable differences in social status have led to health service organisations being described as highly stratified social systems in which individuals work together to achieve a common purpose. Stratification is associated with differences in social class, professional status, wealth and organisational power, or delegated authority (Bullough 1988). At the top of the professional status ranking within health service organisations are doctors, followed by dentists, pharmacists, health administrators, technicians, therapists, registered nurses, dietitians, practical nurses, health aides and nursing aides, and orderlies (US Bureau of the Census 1984). Stratification within professions is also evident. For example, specialists usually rank more highly than general practitioners, and this is reflected in levels of reimbursement. These differences in social status within health service organisations affect exchanges or interactions between individuals, groups and organisations. They are particularly important in interorganisational contract negotiations. Case Study 14.2 illustrates the point that interorganisational agreements proceed to successful outcomes more smoothly when stratification in each group is taken into account.
Social exchange and the maintenance of contracts
The maintenance of contractual arrangements should be viewed as a dynamic, ongoing, cyclical process, rather than a linear process, in which each party monitors and assesses the costs and benefits of the contract and makes judgments about whether to continue on the basis of the other party’s past actions. For the individuals involved in managing a contract, social costs or punishments include tension, conflict and troublesome, time-consuming communications, while rewards include social approval and enhanced feelings of self-worth. For the organisation, potential costs include dissatisfied patients through the other party delivering a poor-quality product or not meeting expected deadlines. This is bad for reputation and ultimately for business. Among the potential rewards for the organisation are enhanced long-term viability, cost savings, access to needed technical expertise and skills (e.g. information support services), managerial efficiency and improved patient/client satisfaction, which is ultimately good for business. With some interorganisational arrangements, ‘contracting can create opportunity for an organisation to self-improve and compare its performance with another specialist operator’ (Young 2001).
NORMS AND THE DEVELOPMENT OF TRUST IN INTERORGANISATIONAL RELATIONSHIPS
Order within organisations and societies is achieved through people complying with rules or norms. Compliance with rules may be achieved in several ways; namely, through voluntary compliance, through the application of sanctions and coercive control measures, as applies when someone breaks the law, or through normative measures (Etzioni 1964). Normative control is associated with education and socialisation into the ‘way things are done around here’. In other words, norms are a set of expected behaviours associated with a specified social situation which, when expressed, imply stability and reliability of activity (Conway 1988, p 121).
The literature provides evidence of norms associated with the management of interorganisational contractual arrangements expressed by activities to improve coordination (Kaluzny et al 1995; Kanter 1994) and to maintain trust (Domberger et al 1997, Gulati 1995, Huxham & Vangen 2004). A perception of fairness in the sharing of costs and benefits is consistently identified in the literature as an essential requirement for contract maintenance. Fairness is a perception or judgment arrived at by an organisation on the basis of the other party to the agreement delivering a set of expected behaviours or norms. If these behaviours are not forthcoming, an organisation will conclude that the norms have been violated. Where norms of practice are violated, contract partners are likely to distrust one another and believe that they are being dealt with unfairly. Norms may be overtly expressed in written agreements or may be covert, based on a shared understanding. It can be reasoned that ‘norming’ processes accompany, and perhaps precede, the emergence of trust in a contractual arrangement. Trust is defined here as:
This definition contains two important ideas. First, trust is not simply a matter of generalised goodwill as may apply in personal relationships. Trust, in an organisational environment, is limited by the purposes of a relationship and hard evidence gained from experience that the other party to the contract will deliver as expected (Huxham & Vangen 2004). It follows that trust is something that either develops or fades over time. This is the case with collaborating organisations. As trust between the partners grows, they tend to substitute trust for more formal, coercive methods of managing the relationship (Gulati 1995). Second, trust in people and trust in systems are based on different things. We trust people because we think they act with probity, are competent and honest; for example, they do what they say they will do. We trust systems because we believe they are based on principles that are correct, and that people in those systems implement the principles honestly; for example, principles of quality (Giddens 1990).