NHS hospitals are to be allowed to advertise their services and even seek sponsorship deals under a code designed to improve care by increasing competition.

Under the plan, published by the Department of Health yesterday, hospitals will be able to promote their services and successes — such as low MRSA rates — though only within strict rules of practice designed to protect the NHS brand.

They will also be free to enter into sponsorship deals with the private sector, so long as the companies are not involved in matters damaging to health or linked with gambling, alcohol, tobacco, weight control or politics.

From April 1, under the Patient Choice initiative, anybody who needs a non-emergency operation in England can choose any NHSapproved hospital in which to have it. Until now, choice has been limited to local hospitals, foundation trusts and independent sector treatment centres.

Hospitals hoping to attract patients will be allowed to pursue sponsorship deals that might cover, for example, a keep-fit club jointly backed by an NHS hospital and a local business, so long as that business was not itself in the fitness industry.

The code rules out companies being able to gain “commercial advantage” from the sponsorship deal. For example, Durex, the condom maker, would not be able to sponsor a sexual health campaign jointly with a hospital. Similarly, it is unlikely that the sports clothing giant Nike would be able to sponsor a hospital’s health and fitness programme, but it could be associated with an area such as maternity or brain surgery.

Bob Ricketts, director of system management and new enterprise at the Department of Health, said: “The NHS brand is very powerful and we are not going to let any commercial activity damage that. It’s too important to the public.”

According to the code, there will be no official cap on how much hospitals can spend on advertising their services to patients, although the figures will have to be included in annual reports.

The code says: “Providers will be expected to recognise the potential effect on the reputation of the NHS of disproportionate expenditure on promotional activity. The cost of TV or cinema promotion is very unlikely to be justifiable.”

Hospitals are likely to want to promote areas of good patient care, but will not be able to discredit the work of other hospitals using “misleading” comparisons. The code said: “Comparative claims are permitted in the interests of vigorous competition and public information. They should neither mislead nor be likely to mislead.”

Hospitals will also be able to send direct marketing to their patients, but no marketing “should cause fear or distress without good reason”, according to the code. GPs have shown little enthusiasm for Patient Choice, regarding it as a complication in their relationship with local hospitals. A recent survey of patients showed that only 44 per cent remembered being offered a choice by their GP. The Government plans to spend £500,000 on newspaper advertisements and £90,000 on radio spots to get the message across.

Sir Bruce Keogh, medical director of the NHS, said: “Not all GPs are aware of the impact of choice, and I’m not sure that GPs realise they will still play a central role.”

The British Medical Association gave warning that Patient Choice may destabilise existing services. Jonathan Fielden, chairman of the BMA consultants’ committee, said: “Whilst it is likely that most patients will choose their local hospital, because it is easier to get to, there is a risk that by opting for another provider some other local services would be cut back because of the loss of funding. I am also worried that it will be difficult for patients to make informed choices. We still have a long way to go in collecting accurate, reliable and meaningful data.”

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