Crack down on commercial bribery The National Health Insurance Administration issued an official document.

On August 21st, the State Health Insurance Administration officially issued the Code of Practice for the Evaluation of Pharmaceutical Prices and Credits (Draft for Comments) and the Discretionary Benchmark for Pharmaceutical Prices and Credit Ratings (Draft for Comments) for public comment.
's National Health Insurance Administration said that by September 2, the public can make comments and suggestions, in writing or by e-mail to the National Health Insurance Administration, e-mail: jcs_jzc@nhsa.gov.cn before, July 24, the National Health Insurance Administration issued "on the establishment of medical prices The guidance of the credit evaluation system (draft for comments) indicates that it plans to establish a system of evaluation of pharmaceutical prices and credit for recruitment, which will be directly bound to pharmaceutical enterprises by accepting rebates, monopoly control and marketing, and other drug prices, and influence the subsequent recruitment of pharmaceutical companies throughout the country by way of credit rating.
less than a month before and after the election, the State Administration of Health Insurance issued the Code of Practice for the Evaluation of Pharmaceutical Prices and Credits (Draft for Comments), and made regulations on the relevant rules of the drug price and the criteria for the evaluation of ratings.
, with the pharmaceutical recruitment credit evaluation operating norms in the country, pharmaceutical enterprises will be formally included in the purchase and sale of all-round monitoring, and directly affect the follow-up marketing of enterprises.
Pharmaceutical enterprises must submit a letter of commitment, otherwise they cannot hang up the net and bid according to the Code of Practice for The Evaluation of Pharmaceutical Prices and Recruitment Credits (Draft for Comments), the scope of credit evaluation mainly covers: pricing of pharmaceutical enterprises (including pharmaceutical and medical supplies production enterprises, distribution enterprises, the same between companies) , marketing, bidding, performance in the process of the implementation of laws and regulations prohibited, contrary to good faith and fair competition to obtain improper benefits, such as in the purchase and sale of medicines to give kickbacks or other improper benefits, the implementation of monopoly acts, price and tax violations, breach of contract agreements, disrupt the centralized procurement order.
In accordance with the provisions of the draft for comments, pharmaceutical enterprises in the collection, hanging the net, are required to the collection of mining institutions to make a trustworthy commitment, the main body of commitment includes pharmaceutical enterprises, subsidiaries with independent legal personality, with the production enterprises have a principal-agent relationship of distribution enterprises, distribution enterprises.
If a pharmaceutical enterprise does not submit a letter of commitment, the centralized purchasing agencies at the provincial level shall not accept their medicines or medical supplies by hanging up the net, bidding, or other means selling medicines or medical supplies to medical institutions.
commitment subject needs to commit to include, but is not limited to, the following: 1. Commitment pricing, marketing, bidding, performance process without the occurrence of the list of non-confidence items listed acts.
2. Undertake to bear the liability for breach of trust if its employees, entrusted agent enterprises commit acts of breach of trust for their own medicines or medical supplies, and seek trading opportunities or competitive advantages for their own medicines or medical supplies.
3. In the event of a commitment to a failure of trust, appropriate measures are accepted.
From the above commitment matters can be seen, once the commitment is signed, pharmaceutical employees or entrusted agent enterprises in the event of the relevant breach of trust, the commitment subject (mainly the production enterprises) must bear the responsibility for breach of contract, and accept the corresponding penalties.
, such as commercial bribery in pharmaceutical companies, need to take the initiative to report all kinds of uncons trust information, the draft request for comments requires enterprises to take the initiative to report.
Report content: Pharmaceutical enterprises and their employees, entrusted agent enterprises, due to pharmaceutical commercial bribery, the implementation of monopoly acts, price and tax-related violations, etc., are held accountable according to law or lead to the bribery of the object of responsibility in accordance with the law (including the facts of the violation of the law but decided not to prosecute or punish), to provide specific information to the centralized procurement agencies.
Taking pharmaceutical commercial bribery as an example, the information reported includes, but is not limited to, the products and amounts involved, the reasons and judgments, the enterprises and personnel involved, etc., and where commercial bribery is involved, the "kickbacks" of the products or medical supplies involved shall be specified in detail, including the object, amount, manner, source of funds, and the proportion of the retail price of a single drug or medical supplies.
: Pharmaceutical enterprises shall, within 20 days from the date of service of the court's decision or the administrative penalty decision of the department, provide written reports to the centralized purchasing agency at the place where the case occurred.
of the written report may be extended to 30 days if the target of the judgment or administrative penalty is the entrusted agent.
pharmaceutical enterprises should report information in a timely, comprehensive, complete and standardized manner, and should not be concealed, underreported or unreported.
pharmaceutical enterprises to appeal judgments, administrative penalty decisions or administrative review, administrative proceedings, does not affect its reporting of the loss of trust information to the centralized procurement agencies where the misconduct occurred.
Where a pharmaceutical enterprise violates the rules of price, bidding and networking, violates a trustworthy commitment and purchase and sale contract, or disturbs the centralized procurement order of medicines and medical supplies, the centralized purchasing agency shall strengthen daily monitoring and reporting of complaints, and, if necessary, grasp the information and record it through correspondence, interviews and so on.
Serious loss of trust pharmaceutical enterprises, will be suspended from hanging the internet, bidding, distribution qualifications according to the draft for comments, centralized procurement agencies will regularly upload to the designated information system of drug enterprises prices to collect credit information, forming a vertical collection, horizontal sharing of information library.
Generally speaking, the credit rating is still in the province unit - based on the facts limited to the matter of mis-trust occurring in a province, the province has not occurred in the case of mis-trust behavior, non-trust rating in other provinces as the result of the province's credit evaluation, included in the "national pharmaceutical prices and the risk warning list of credit-picking enterprises".
at the same time, credit ratings are updated on a quarterly cycle.
for different enterprises to lose trust behavior, take a hierarchical approach: 1. For pharmaceutical enterprises rated as "general", by the centralized procurement agencies to give written reminders.
2. For pharmaceutical enterprises rated as "moderate" for loss of trust, in addition to warnings, the risk information of the failure of the purchase object shall be automatically prompted when the medical institution places an order for the purchase of medicines or medical supplies produced or distributed by the enterprise.
3. For pharmaceutical enterprises rated as "serious" for loss of trust, in addition to warning and warning of risks, the enterprise involved in the product registration, bidding or distribution qualifications shall be suspended, the suspension period shall be based on the credit repair of pharmaceutical enterprises, grade changes.
4. For pharmaceutical enterprises rated as "particularly serious", in addition to warning and warning of risks, the enterprise shall suspend all pharmaceutical and medical supplies hanging network, bidding or distribution qualifications, the suspension period shall be based on the pharmaceutical enterprises to repair credit, rating results changes.
5. For pharmaceutical enterprises rated as "severe" and "particularly serious", the provincial centralized procurement agencies regularly disclose the results and relevant information of the enterprise's rating to the public and accept social supervision.
In addition, the draft also stipulates that pharmaceutical companies rated as "particularly serious" by five or more provinces in the previous year will be included in the National Warning List of Pharmaceutical Prices and Risks of Mis-trusted Enterprises, and the results of the previous year's credit rating will be published once a year in the first quarter of each year.
pharmaceutical companies can take the dismissal of employees involved in the repair of credit in medicine related to the loss of trust will be recorded and rated at the same time, pharmaceutical companies can also take some measures to repair their credit.
the draft for comments stipulates that the active repair of credit is mainly targeted at the specific act of disrepair to take targeted corrective and remedial measures, so that it can no longer be used as a credit rating on the basis of the facts, or reduce its impact on credit rating results.
measures that could be taken by the Government are as follows: (1) to put an end to the relevant misconduct.
(2) to the employees involved, entrusted agent enterprises to take legal and contractual framework of normative measures, until the termination of employment, entrustment agency relations.
(3) issued a public apology statement to eliminate adverse effects.
(4) submit a compliance rectification report for compliance inspection.
(5) actively remove the false high space in the price of the product involved.
, which belongs to the commercial bribery of medicine, the price is calculated according to the proportion of the rebate amount in the drug price.
(6) the active return or public welfare donation unreasonable income.
In accordance with the type of disloyalty, the return or donation of funds in accordance with the following criteria, is considered to be active return or public welfare donation measures are effective: First, not less than the previous year within the province, the amount of the relevant drug sales (based on the hanging net, winning bid or winning price) and rebate amount in the drug price as a proportion of the product.
is not less than the face value of the false VAT invoice.
Three is not less than the unreasonable amount of sales in this province at an unfair high price from the date of implementation of the price monopoly and price violation in this province;
if, due to the process of return or donation, it is not possible to complete all operations within the rectification period, it may apply for an extension of the rectification period by one quarter, which cannot be completed after the completion of the period, as if the enterprise abandons the repair credit.
of public welfare donations shall be domestic legal charitable organizations at or above the provincial level, and the use of donations shall be openly subject to public supervision through special means.
(7) effectively refers to the actual control subject of the act of disloyaltation.
If a pharmaceutical company claims that price misreloyment is a monopoly of upstream raw materials, accessories, etc. or that downstream sales channels are controlled, it may be regarded as an effective credit repair measure if it actively identifies the actual controller, can provide sufficient and effective evidence, and undertakes to cooperate with relevant departments in investigating and enforcing the law."
Finally, in the "Pharmaceutical Prices and Credit Rating Discretionary Benchmarks (Draft for Comments)," the State Health Insurance Administration classified the behavior of pharmaceutical companies involved in different grades of disreponestion, and the rating of drug companies was classified as general, medium, serious and particularly serious.
with the establishment of the credit evaluation system for pharmaceutical recruitment, the failure of commercial bribery in pharmaceutical enterprises will be included in the credit file, and ultimately affect their subsequent market access.
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