December 22 debut of "basic health care and Health Promotion Law (Draft)" has 10 chapters 102, it is the first foundation of our health and the health sector, a comprehensive law. The Beijing Youth Daily reporter learned that the law has been included in the legislative plan of the Standing Committee of the National People's Congress for three consecutive sessions. In the legislative plans of the Tenth and Eleventh National People's Congress, it was called the “Primary Health Care Law” and “ The Basic Medical and Health Care Law is called the “Basic Health Care Law” in this legislative plan. The summary is as follows:

Health care reform: social hospitals and public medical institutions enjoy the same policy

It is worth mentioning that in many chapters, the draft has fixed the effective policies of the medical reform in the form of legislation. Among them, in encouraging social education, the draft clearly proposes to encourage social forces to organize medical and health institutions. At the same time, only the public medical and health institutions are required to meet the requirements of the layout plan, and there is no restriction on the layout of the medical institutions.

The government does not hold for-profit medical institutions

The draft clearly stipulates that citizens, legal persons and other organizations are encouraged to organize non-profit medical institutions in accordance with the law. Social medical institutions have the same policies as public medical institutions.

The state implements legal registration and classified management of non-profit medical institutions and for-profit medical institutions.

The draft mentioned that medical and health institutions that are organized or participated in government budget funds or donated assets may not be established as for-profit medical and health institutions. The government does not hold for-profit medical institutions. Medical institutions organized by the government may not invest in institutions that establish non-independent legal personality with other organizations.

Strictly control the public investment of public hospitals

In the establishment of a modern hospital management system, the draft also has relevant provisions.

Article 49 of the draft clarifies that the state establishes a modern hospital management system with clear powers and responsibilities, scientific management, sound governance, efficient operation, and strong supervision. Governments at or above the county level shall assume the responsibility of organizing, supervising and guiding public hospitals, and implement the right to operate and operate the public hospitals.

It is also mentioned that it is forbidden for government offices to establish medical and health institutions to cooperate with social capital to organize for-profit medical institutions. All revenues and expenditures of public hospitals are included in the departmental budget management, moderately controlled, and adhere to the nature of public welfare. Strictly control the public investment of public hospitals. Public hospitals are not allowed to build debt.

Encourage non-emergency patients to go to the village clinic first

In the promotion of the grading diagnosis and treatment system, the implementation of the family doctor contract service model, and the protection of the rights of medical personnel, the draft has carried out relevant regulations.

It is mentioned that the primary health care institutions implement the family doctor contract service model.

Primary health care institutions should establish health records for residents in the service area, establish service teams based on residents' health status and medical needs, sign agreements with residents, clarify service content, and provide basic medical, public health and health management services.

Grassroots medical and health institutions refer to township health centers, community health service centers (stations), village clinics, medical offices, outpatient departments (offices) and military primary health institutions. In addition, the state has implemented a graded diagnosis and treatment system for basic medical services, and encourages non-emergency patients to first go to the primary health care institutions for treatment and other contents are also included in the draft.

Drug protection: the most favorable reimbursement policy for essential drugs

In response to some key issues in the pharmaceutical field, the draft also improved the drug security system.

Establish and improve the drug price monitoring system

According to the draft, the state implements a basic drug system and publishes a list of essential drugs to ensure that the basic drugs are fair and equitable. At the same time, it is also particularly clear that "all essential drugs are included in the basic medical insurance drug reimbursement catalogue, and the most favorable reimbursement policy is implemented."

According to the reporter of Beiqing Daily, the basic drugs refer to “adapted to basic medical and health needs, suitable dosage forms, reasonable prices, strict quality supervision and the most favorable reimbursement policy, which can guarantee the supply of drugs that the public can obtain fairly”.

The draft requires the state to establish a sound drug price monitoring system and conduct a special cost and price survey if necessary.

"Strengthen price supervision and inspection, strengthen anti-monopoly law enforcement, investigate and deal with unfair competition behavior, standardize drug price order, and protect fair competition in the drug market."

Support research and development of clinically urgently needed drugs, children's specialty medicines, etc.

At the same time, it is also mentioned that a clinical demand-oriented drug review and approval system should be established.

"Support the research and development and production of clinically urgently needed drugs, children's specialty drugs, rare disease drugs, major disease prevention and control drugs, etc., to meet the needs of disease prevention and control and multi-level and diversified drug use."

According to Article 71 of the draft, the state encourages the use of traditional Chinese medicine decoction pieces, Chinese patent medicines and other traditional medicines to give full play to its role in preventive health care, medical care and rehabilitation.

The state provides basic public health services to citizens free of charge

The draft also clarifies the government's responsibility for health care inputs.

According to the draft, governments at all levels should, in accordance with the responsibility for medical and health promotion and expenditure responsibilities, include funds in the budget at this level and arrange the required funds.

Financial health investment is mainly used to guarantee the basic medical services, public health services, basic medical security and the development of public medical and health institutions.

Basic public health services are provided free of charge to all citizens by the state. Basic medical services are mainly paid by basic medical insurance funds and individuals.

Supervision and management: administrative punishment for external rental and contracted medical departments

In terms of comprehensive supervision and management, the draft has also been clarified. The relevant departments of the government at or above the county level have not fulfilled the duties related to health care and health promotion work, and the government at the same level can conduct responsible interviews with the principal responsible persons. The local government does not perform relevant duties, and the higher level government can conduct responsibility interviews with its principals.

The departments and local governments that have been interviewed should immediately take measures to carry out rectification. If government departments, medical and health institutions, medical and health personnel, etc. violate the relevant regulations, how to be responsible? The ninth chapter of the draft specifically stipulates "legal responsibility."

Dismissal of serious public health incidents

Local governments at all levels, departments in charge of health, and other relevant departments shall, in the following acts, give credits to those directly responsible or other responsible personnel who have recorded, recorded, or downgraded, and caused serious consequences, and shall be dismissed or dismissed; , pursue criminal responsibility according to law.

These four kinds of behaviors are: failure to perform duties or improper performance of duties, causing major losses to local medical and health undertakings or the people; violation of the medical and health service system plan; serious delays in public health emergencies or public health crisis Consequences; other acts that violate laws and regulations.

Serious medical information disclosure should be punished

If the medical and health institutions rent out or contract medical departments, what should be done? The draft clearly states that the medical and health institutions that have the above behaviors shall be given administrative penalties by the competent health authorities at or above the county level.

The reporter of Beiqing Daily noticed that the draft has clarified the illegal behaviors of seven medical and health institutions. In addition to the above-mentioned circumstances, it also includes illegal activities to conduct practice; selling, transferring, lending “medical institution practice licenses”; non-profit medical institutions Illegally distributing operating income; medical information security system and safeguard measures are not perfect, leading to medical information leakage, serious circumstances or serious consequences; medical quality management and medical technology management systems, security measures are not perfect, the circumstances are serious or cause serious consequences; Other acts that hinder the management order of the national medical and health institutions.

Asking for property constitutes a crime

If medical personnel have illegal activities, how can they be held accountable?

The draft stipulates that the following acts should be carried out by medical and health personnel. The administrative department of health at or above the county level shall impose administrative punishment according to law; if it causes damage to the right to health of others, it shall bear civil liability according to law; if it constitutes a crime, it shall be investigated for criminal responsibility according to law.

These actions include the use of positions to request, illegally accept property or other improper benefits; disclosure of personal privacy related to citizens' health, serious circumstances or serious consequences; violation of medical ethics, plagiarism, forgery of scientific data or facts, Serious circumstances or serious consequences. (Beijing Youth Daily)

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