Latest! Two heavyweight documents have been released to crack down on pharmaceutical bribery

the evening of November 20, the National Health Care Administration issued three consecutive heavyweight documents to explain and arrange two documents that had previously attracted much industry attention.

1, pharmaceutical company credit rating, the details cameThe "Pharmaceutical Price and Credit Evaluation Operating Code (2020 Edition)" and "Pharmaceutical Price and Recruitment Credit Rating Discretionary Benchmark (2020 Edition)" were officially released, meaning that the detailed rules have been issued, not far from the implementation of the policy.The document makes it clear that in order to promote the fair and orderly development of pharmaceutical prices and credit rating, unify the scale of credit rating, strengthen the coordination and balance of credit rating work between regions, and formulate discretionary benchmarks and operating norms,if the price or marketing behavior of pharmaceutical enterprises conforms to one of the following circumstances, the failure rating shall be assessed as "general":Three years (excluding before August 28, 2020, the same 28th) in the province, all kinds of medical institutions at all levels, centralized procurement agencies and their staff have been given kickbacks and other medical commercial bribery, the cumulative amount of bribery in the same case more than 10,000 yuan (including 10,000 yuan, the same), less than 150,000 yuan (excluding 150,000 yuan, the same), or a single bribe amount of more than 10,000 yuan, less than 100,000 yuan.It is worth noting that the commercial bribery of pharmaceuticals called in this paragraph includes commercial bribery between pharmaceutical companies and commercial bribery among its employees (including employment relationships, the same between them) or distribution enterprises with principal-agent relationships.

medium:According to the facts of the case determined by the court judgment or the administrative punishment of the relevant law enforcement departments, in the past three years, various medical institutions at all levels, centralized procurement agencies and their staff have been given kickbacks and other medical commercial bribery, the cumulative amount of bribes in the same case is more than 150,000 yuan, less than 500,000 yuan, or a single bribe amount of more than 100,000 yuan, less than 300,000 yuan.In the case of false VAT invoices investigated and dealt with by the tax departments of the region, they belong to the party that obtained the false VAT invoices, and the total amount of the price tax involved in the case totals more than 100,000 yuan, less than 1 million yuan.

serious:According to the facts of the case as determined by the court judgment or the administrative punishment of the relevant law enforcement departments, in the past three years, various medical institutions at all levels, centralized procurement agencies and their staff have been given kickbacks and other medical commercial bribery, the cumulative amount of bribes in the same case is more than 500,000 yuan, less than 2 million yuan, or a single bribe amount of more than 300,000 yuan, less than 2 million yuan.The case of false VAT invoices investigated and dealt with by the tax departments of the region belongs to the party that obtained the false VAT invoices, and the total amount of the value tax involved in the case is more than 1 million yuan and less than 10 million yuan.

is particularly serious:According to the facts of the case as determined by the court judgment or the administrative punishment of the relevant law enforcement departments, in the past three years, various medical institutions at all levels, centralized purchasing agencies and their staff have been given kickbacks and other commercial bribery of medicines, and the cumulative or single bribe amount in the same case is more than 2 million yuan.In the case of false VAT invoices investigated and dealt with by the tax departments of the region, they belong to the party that obtained the false VAT invoices, and the total amount of the value tax involved in the case is accumulated in more than 10 million yuan.

2, the specific evaluation process how   In the documents issued by the State Administration of Medical Security, the scope of credit evaluation and a series of evaluation processes, once again refined the specific operating norms: pharmaceutical enterprises pricing, marketing, bidding, performance process in the implementation of laws and regulations prohibited, contrary to good faith and fair competition for improper benefits, such as in the purchase and sale of medicine rebates or other improper benefits (hereinafter referred to as "pharmaceutical commercial bribery"), the implementation of monopoly, price and tax violations, malicious violations of contract agreements, disrupting the centralized procurement order.

evaluation includes:   "In the purchase and sale of medicines, rebates or other improper benefits shall be given to all types of medical institutions at all levels, centralized procurement agencies and their staffs".   "Obtain a false VAT invoice (except for a false VAT invoice in good faith)."   "Due to their own or related enterprises to implement monopoly agreements, abuse of market dominance, etc. were punished according to law, do not take the initiative to correct the unfair high prices of the products involved."   "To fabricate and disseminate information on price increases, to drive up prices, to push up prices too high, and so on, in violation of the Price Law."   "Pharmaceutical enterprises due to improper price behavior, by the pharmaceutical price authorities letter inquiry, investigation, interview, admonishment, inspection, etc., push, refuse, can not fully explain the reasons or make false commitments."   It belongs to "bidding at below-cost quotations, bidding by fraud, bid rigging, abuse of dominant market position, etc., and disturbing the centralized procurement order".   "Refusal to perform commitments, refusal to perform purchase and sale or distribution contracts without justification."   In addition, the document clearly, the implementation of corporate commitments. Pharmaceutical enterprises participating in or entrusted to participate in the centralized belt procurement of pharmaceutical and medical supplies, platform hanging network (including for the record procurement), should make a written commitment to keep faith.   It undertakes to bear the liability for breach of trust if its employees (including employment relations, as well as labor dispatch, purchase services, entrustment agents, etc.), or distribution enterprises with entrustment agency (hereinafter referred to as entrusted agent enterprises) act of breach of trust to enable their own medicines or medical supplies to obtain or increase trading opportunities and competitive advantage.   This means that submitting a commitment is a prerequisite for entering the hospital and requires medical representatives, agents and pharmaceutical companies to make credit bindings, and there will be no more such claims that "pharmaceutical bribery is the act of a representative or individual agent".   After the credit binding, how to record the record of the loss of trust, but also directly affect the drug companies follow-up marketing behavior. But to some extent, the National Health Insurance Administration in the pharmaceutical enterprises in the collection of un trust in the construction of a skynet, so that all pharmaceutical enterprises? Can't avoid it?   Collecting and recording the information of the loss of trust includes the information reported by the pharmaceutical enterprises on their own initiative, the information disclosed or generated by the collection and recording department, and the information of the misconstition of the pharmaceutical enterprises in pricing, bidding, performance and marketing by means of monitoring and accepting reports in the daily operation of the centralized purchasing institutions.

3, loss of trust, how to deal with?   The provinces shall adopt disposal measures according to the credit rating results.   For pharmaceutical enterprises rated as "general" for loss of trust, the provincial centralized procurement agencies shall give written reminders and warnings.   For pharmaceutical enterprises rated as "medium" for loss of trust, in addition to warning, the credit rating results should be marked in the platform information of pharmaceutical enterprises or related pharmaceutical products, and when medical institutions order the purchase of drugs or medical supplies produced or distributed by the enterprise, the risk information of the loss of trust of the purchase object shall be automatically prompted.   For pharmaceutical enterprises rated as "serious", in addition to warning and warning of risks, the enterprise involved in the case of drugs or medical supplies should be restricted or suspended, bidding or distribution qualifications, restrictions or suspension period according to the pharmaceutical enterprise credit repair behavior and results of timely adjustment.   Where a pharmaceutical enterprise restricts or suspends the qualification of hanging up a network, bidding or distribution for a specific drug or medical consumables, it shall be the responsibility to expressly consume to the mis-trusting act of the drug or medical supplies, and the conversion according to the 5.3.3 rating method is sufficient to constitute a "serious" case of disreponestion.   For pharmaceutical enterprises rated as "particularly serious", in addition to warning and warning of risks, the enterprise should limit or suspend all drugs and medical supplies hanging network, bidding or distribution qualifications, limit or suspend the period according to the pharmaceutical enterprise credit repair behavior and results of timely adjustment.   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.   This means that when the drug recruitment credit data accumulated to a certain extent, centralized procurement agencies will give priority to and better credit history of pharmaceutical companies to trade, but also to the main body of disrepair, poor records of pharmaceutical companies refused to trade, improve the trading conditions of discipline, serious credit failure enterprises are kicked out of the public procurement market.   Prior to this, the State Health Insurance Administration officially issued "on the establishment of medical prices and credit evaluation system guidance" medical insurance issued (2020) No. 34. The document points out that The State Health Insurance Administration has established a list of medical prices and the list of matters of breach of trust, implemented dynamic adjustments, and the misinreliance items included in the catalogue include, among other things, rebates or other improper benefits given in the purchase and sale of medicines ("pharmaceutical commercial bribery"), tax-related violations, monopoly practices, improper price behavior, disturbing the centralized procurement order, malicious breach of contract agreements and other acts that are contrary to good faith.   With the pharmaceutical recruitment credit evaluation operating norms in the country, pharmaceutical enterprises will be included in the purchase and sale of all-round monitoring, and affect the follow-up marketing of enterprises. (Seber blue
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