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    Home > Active Ingredient News > Drugs Articles > Medicine purchasing behavior of Bengbu public hospital purchasing consortium in Anhui Province penetrates the legal bottom line

    Medicine purchasing behavior of Bengbu public hospital purchasing consortium in Anhui Province penetrates the legal bottom line

    • Last Update: 2015-05-05
    • Source: Internet
    • Author: User
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    Source: China Council for the promotion of drugs Author: Shi Yan 2015-5-5 recently, the health and Family Planning Commission of Bengbu City, Anhui Province organized 94 public medical institutions in the city to establish a "drug volume procurement Consortium" for drug procurement On April 19, Bengbu public medical and health institutions' centralized procurement office of drug consumables and equipment (hereinafter referred to as drug recruitment office) issued the notice on issues related to drug volume procurement of public medical institutions in Bengbu (hereinafter referred to as the notice) on the website of Bengbu health and Family Planning Commission, stipulating that all products of enterprises that fail to reach the reduction rate shall not be sold in Bengbu public medical institutions For sale Bengbu public medical institutions drug volume purchasing Consortium (hereinafter referred to as Bengbu Medical consortium) issued a letter to drug manufacturers related to single variety volume purchasing in Bengbu (hereinafter referred to as the "open letter") stipulating that the profit margin of each single variety drug manufacturer or authorized agent in Bengbu City shall not be lower than the payment price of traditional Chinese medicine guarantee in the provincial drug price limit catalogue (with the provincial government) 25% of the bid price Otherwise, all the drugs of its manufacturing enterprises shall not be sold in all the public medical institutions of Bengbu City permanently The open letter also stipulates that for the single variety production enterprises that have not reached the 25% reduction, the municipal medical institutions' pharmaceutical purchasing consortium will report to Anhui pharmaceutical purchasing platform, apply for recording the bad behavior records once, and report to the provincial medical reform office and the national medical reform office at the same time, apply for recording the bad behavior of enterprises On April 24, Shandong Danhong Pharmaceutical Co., Ltd., Guangzhou Baiyunshan Pharmaceutical Co., Ltd., Guangzhou Baiyunshan Pharmaceutical General Factory, Beijing Sihuan Pharmaceutical Co., Ltd., Harbin Songhe Pharmaceutical Co., Ltd., Jiangsu aosaikang Pharmaceutical Co., Ltd., Dali Pharmaceutical Co., Ltd., Tianjin HongRi Pharmaceutical Co., Ltd., GlaxoSmithKline pharmaceuticals.pa According to the notice issued by Bengbu public medical institutions' drug volume purchasing consortium, all the drugs of the eight manufacturing enterprises are not allowed to be sold in Bengbu public medical institutions for a long time because the drugs listed in the single product catalog are not reduced by 25% The move shocked the pharmaceutical industry It is a common practice of international drug procurement to form a medical consortium to purchase drugs with volume, and it is also the expected drug procurement mode of pharmaceutical industry Joint procurement can form large-scale procurement volume, so that the buyer and the seller can achieve the purpose of improving economic benefits and reducing transaction costs through direct negotiation It is a beneficial exploration to promote the reform of drug bidding and procurement system in China Bengbu Medical Association, as the first pilot local city to purchase drugs by combining medical and health institutions of the whole city, hopes to form a link between quantity and price through joint procurement of medical institutions, and reduce drug prices by expanding the scale of procurement, which was the international practice However, it is an act of coercion to intervene in drug purchase negotiations by administrative means It is a real act of coercion to set up market transaction barriers, suspected of violating the contract law and the anti-monopoly law of China 。 It is obviously inconsistent with the spirit of the CPC Central Committee and the State Council to comprehensively deepen reform, equally protect the legitimate rights and interests of all kinds of market subjects, maintain the market order of fair competition, and promote the sustainable and healthy development of economy and society Since the establishment of this government, it has proposed to comprehensively deepen the reform of the political system The opinions of the State Council on promoting fair market competition and maintaining normal market order (GF [2014] No 20) issued by the State Council in 2014 proposed that we should strive to solve the problems of imperfect market system, excessive government intervention and inadequate supervision, stimulate the vitality of market subjects, equally protect the legitimate rights and interests of various market subjects, maintain the market order of fair competition and promote the economy The society develops continuously and healthily It also established a series of principles, such as simplifying administration and delegating power, supervising according to law, being fair and transparent, being consistent in power and responsibility, and co governance of society This year's report on the work of the government proposes that the examination and approval of non administrative licenses should be completely cancelled within this year Premier Li Keqiang pointed out in the report on the work of the government: "the road is as simple as the road, and you have the right not to be willful Governments at all levels should establish a strong mechanism for streamlining administration and delegating power and transforming functions, so as to untie enterprises, facilitate entrepreneurship and create a fair competition environment " Bengbu Medical Association, as the buyer of transaction, should first pursue the principle of fair transaction and find its own position From the point of view of the drug purchase design in Bengbu City, it is intended to let medical institutions as the main procurement body, but in practice, it retains a strong administrative color For example, the location of Bengbu Medical Association Office published on the official website of Bengbu Health Bureau and Bengbu public medical and health institutions drug consumables and equipment centralized procurement office should be the same office in Bengbu Health Bureau, and the contact person should be the same It can't help but make people wonder whether Bengbu's bidding is administrative procurement or joint procurement of medical institutions? If we want to engage in administrative procurement, this is a typical second bargaining, which has long been banned by the state documents; if we explore the procurement of medical institutions as a pilot unit of medical reform, the administrative organ should be retired as a supervisory organ, rather than rushing to the front line as we can't bear it Since it's drug purchase, both the buyer and the seller must be in your favor Friedman, a famous economist, said in his book free choice: "if a transaction is voluntary, it will not happen unless both sides think they can benefit from the transaction." There is also a saying in China that "there is no benevolence and justice in buying and selling", but the scene we see in Bengbu drug purchase is that the buyer and the seller are not sitting down to negotiate, but one of them forces the price reduction, and orders all the drugs produced by the manufacturers whose price reduction range is not up to the standard not to be sold in all the public medical institutions of Bengbu City permanently This is obviously to impose the will of price on the other party of the sale, which violates the principle of voluntariness and fairness of civil activities in the general principles of civil law, as well as the provisions of the contract law that the parties have the right to conclude contracts voluntarily according to law, and no unit or individual can illegally intervene In essence, the compulsory price reduction of drugs and the restriction of relevant enterprises' products entering Bengbu market are the use of administrative power to restrict the free trade and circulation of drugs, which together constitute the administrative monopoly behavior of abusing administrative power to exclude and restrict competition, suspected of violating the relevant provisions of the anti monopoly law Bengbu Medical Association issued an open letter on the official website of the Municipal Bureau of health, claiming that for single variety production enterprises that did not achieve a 25% reduction, they should report to Anhui Medical purchasing platform, apply for recording bad behaviors and report to the provincial medical reform office and the national medical reform office at the same time The implication is that if you dare not comply with my price reduction request, you will lose a bigger market This is a typical use of administrative power to threaten production enterprises and sellers, not only without legal basis, but also an obvious illegal act The artistic conception of these words is "follow me and prosper, against me and perish" If it comes from the words of the "Liu Hans", we are angry but can understand After all, they made their fortune by this way and eventually died But it comes from the administrative agencies and public hospital purchasing consortiums, which really surprised us We can't believe that they are being implemented in all levels of the country To implement the spirit of the third and fourth plenary sessions of the 18th CPC Central Committee, vigorously promote the market to play a decisive role in the allocation of resources, and build a government ruled by law today, there are still such a group of green heroes in the state administrative organs, who regard the law as nothing and immediately block up the road of market economy development This is not only bullying, but also penetrating the bottom line of the law! We can't help but ask, haven't they thought that the government's behavior must conform to the law after 30 years of reform and opening up? We do not doubt the original intention of Bengbu City authorities to rush to use powerful drugs to quickly squeeze the water out of drug prices and make contributions to reducing drug costs However, the practice of drug bidding and purchase in recent years tells us that although all provinces claim to reduce billions of drug costs for the people in their own province after the completion of bidding and purchase, the people can't feel this achievement According to the statistics of 2010 China Health Statistics Yearbook and 2013 China Health and family planning development statistics bulletin, China's personal health expenditure increased from 657.08 billion yuan in 2009 to 1072.68 billion yuan in 2013, an increase of 63.2% On the other hand, many cheap drugs have disappeared and drug shortage has occurred from time to time Facts show that without systematic reform of China's medical and health system, it is impossible to reduce the cost of drugs simply by reducing the price of drugs, and the cost of drugs alone will not necessarily reduce the medical cost In fact, under the coordination and guidance of the government departments, through the market mechanism to give full play to the group purchase advantages of public hospitals, and effectively implement the volume price linkage, volume procurement and compliance with the contract, the drug price will certainly decline, and some varieties may decline by more than 25% But legal results must be obtained through legal procedures and rules It is hoped that the relevant departments will attach great importance to the seriousness of the violations in the process of drug procurement of Bengbu pharmaceutical procurement consortium, deeply analyze and reflect on the system root of the violations, and construct the medical system reform and drug procurement scheme beneficial to the joint development of medical treatment, medical insurance and medicine by top-level design, so as to promote the rational allocation of medical resources and improve the operation efficiency of medical institutions Rate, form a patient-centered medical service system, and promote the establishment of a new medical and health pattern conducive to the improvement of national health level and the healthy development of pharmaceutical enterprises.
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