The State Health Insurance Administration issues a list of medical prices and a catalogue of matters of breach of trust.

On July 24, 2020, the official website of the State Administration of Medical Security quietly went online with a notice, "Guidance on the establishment of pharmaceutical prices and credit evaluation system (draft for comments)" for public consultation.
it was published by the National Health Service in the form of a formal consultation after the draft was circulated in an informal form in the industry several months ago.
E drug managers have also conducted an analysis of the circulating draft.
this draft of the draft is not a hollow one.
as early as December 2019, the State Health Insurance Administration commissioned industry associations and industry experts to hold a seminar in Beijing on the integrity system and the construction of the corrections system in the drug procurement sector of public hospitals.
at the meeting to discuss how the health care sector can use prices and recruitment tools to combat commercial bribery such as gold sales.
from the content of this draft, it largely continues the content revealed in the seminar.
commercial bribery, market manipulation, etc. of pharmaceutical companies will be rated and documented by the health insurance department, which will give different disciplinary measures in the procurement of tenders depending on the severity of the conduct.
gold sales and other pharmaceutical commercial bribery has always been the pharmaceutical industry's "persistent disease", is also considered to be the main pusher of high drug prices.
over the years, different departments have adopted various strategies for the sale of pharmaceutical companies, but either the punishment is difficult to enforce, or the punishment is less severe, most of the impact is limited.
since 2019, from the Ministry of Finance, the Health Insurance Bureau to 77 pharmaceutical companies to carry out fiscal and tax verification storm, access to drug companies first-hand cost structure information;
increase anti-corruption high-pressure in October 2019, CCTV News also reported a unified program piece, the people involved in the case have been medical representatives, through the sale of hospital data profit of nearly one million yuan.
this is just one of several cases of commercial bribery in the pharmaceutical sector that CCTV news reports in the past two years.
search inglisied on the "Chinese Adjudication Instrumentnetwork" with the keywords "medicine" and "kickbacks" can result in thousands of recorded cases.
the key words involved are surrender, kickbacks, job positions and so on.
pharmaceutical sales market competition is fierce, with gold sales has become an industry's unspoken "secret", and the field of purchase and sale of gold sales is the hardest hit.
a variety of gold sales, but also secret complex is not easy to detect, the combination of the buckle, it is difficult to define the illegal boundary.
but with the medical reform into the deep water area, the field of pharmaceutical purchase and sale of anti-corruption has become the implementation of various policies of the "transportation hub."
since 2018, the National Health and Care Commission, the State Health Insurance Administration and other nine ministries jointly issued the "2018 to correct the field of pharmaceutical purchase and sale and medical services in the field of improper governance of the main points of work," provinces and cities have issued anti-corruption documents, anti-corruption and high-pressure continued.
before, the largest punishment in the field of pharmaceutical purchase and sale is the procurement "black list", once included in the provincial drug tender procurement blacklist, then two years banned from the market, more than twice in five years blacklisted, then the national public hospitals are not allowed to purchase their products within two years.
but the industry believes that the "black list" system in the actual implementation process because the standard is not detailed enough, the punishment is less severe, it is difficult to implement.
coupled with drugs being special commodities, especially some market-short medicines, it is not scientific to adopt a "no-go" in a simple and crude manner.
in practice, a better solution to the problems related to shortages of medicines is also needed.
as early as October 2019, the General Office of the State Council issued "on the further work of the shortage of drugs to ensure stable prices" on the proposed measures to stabilize prices, put forward to strengthen the monitoring of drug price anomalies early warning.
improve the mechanism of drug price cost investigation, establish a credit evaluation system for price and bidding procurement, and restrict drugs with comprehensive cost investigation and suspension of the internet, such as price increases or frequency anomalies, large regional price differences, etc.
whether it is the anti-corruption storm in the field of pharmaceutical purchase and sale, or the formation of a more scientific and perfect recruitment system, the market needs a more systematic, enforceable, covering the pharmaceutical industry throughout the process of supervision of the pharmaceutical industry behavior credit rating.
, the Draft for Comments was born.
If the draft is formally implemented, the behavior of pharmaceutical companies will be subject to stricter regulation and accelerated market standardization.
noteworthy, the draft also published a list of pharmaceutical prices and breach of trust, which involved seven acts.
for pharmaceutical companies, multi-directional, multi-angle to examine their own marketing and price behavior is imminent, and after this, accelerate the transformation of marketing compliance is also in front of all pharmaceutical companies a big issue.
guidance on the establishment of a credit evaluation system for pharmaceutical prices and recruitment (draft for comments) the provinces, autonomous regions, municipalities directly under the Central Government and the Xinjiang Production and Construction Corps Medical Security Bureau: the pharmaceutical sector received rebates, monopoly control and sales and other acts resulting in inflated prices of medicines and medical supplies, medical expenses growth too fast, a large number of losses of medical insurance funds, seriously endangering the safety of medical insurance funds, infringing the interests of the masses, and increasing the burden of medical expenses for the masses.
in order to implement the Opinions of the State Council of the CPC Central Committee on Deepening the Reform of the Medical Security System (Cpc (2020) No. 5), improve the market-led mechanism for the formation of pharmaceutical prices, and establish a system of evaluation of pharmaceutical prices and recruitment of credit, the following comments are put forward.
.. The guiding ideology is based on the civil rights and obligation relationship of centralized procurement of medicines and medical supplies, relying on the bidding and procurement platform for pharmaceuticaland medical supplies, system integration and trustworthiness commitment, credit rating, graded disposal, credit repair and other mechanisms, the establishment of equal rights and responsibilities, coordination of linked pharmaceutical prices and credit evaluation system, to promote honesty and trustworthiness of all parties, and jointly create a fair and standardized, clean and stable circulation order and security of the security of the people
2. Establish a list of credit evaluation catalogues to establish a list of pharmaceutical prices and breach of trust, and the list of breach of trust includes, but not limited to, rebates or other improper benefits (hereinafter referred to as "pharmaceutical commercial bribery" in the purchase and sale of medicines), abuse of market dominance, tax-related violations, improper price violations, malicious violations of contract agreements, and disruption of centralized procurement order.
since the date of issuance of this Opinion, pharmaceutical enterprises (including pharmaceutical production license holders, pharmaceutical and medical supplies production enterprises, distribution enterprises with entrusted agency relations with production enterprises, as well as distribution enterprises, the same below) in the pricing, bidding, performance, marketing and other processes, through the list of list of breach of trust to obtain improper benefits, including the scope of pharmaceutical prices and credit recruitment.
. The voluntary commitment of pharmaceutical enterprises to participate in or entrust pharmaceutical enterprises to participate in the centralized procurement of pharmaceutical and medical supplies, platform network, as well as medical insurance fixed-point medical institutions (hereinafter referred to as "medical institutions") for the record procurement, should be independent legal entities to the pharmaceutical and medical supplies centralized procurement institutions (hereinafter referred to as "centralized procurement" The agency shall submit a written commitment, including the establishment of a compliance review system, the non-failure of credit listed in the catalogue, and the corresponding liability for the breach of trust committed by its employed personnel or the distribution enterprise with a entrusted agent relationship for its own medicineors or medical supplies;
. Fourth, the establishment of the reporting channels of the loss of trust information to adopt the combination of enterprise reports and platform records, timely, comprehensive, complete and standardized collection of information on the behavior of pharmaceutical enterprises, the establishment of pharmaceutical enterprises price recruitment information base.
pharmaceutical enterprises take the initiative to timely report the information of the loss of trust to the centralized purchasing organization where the breach of trust occurred.
under the framework of cooperation established by the State Medical Security Administration and relevant departments, centralized procurement agencies regularly comb together the relevant departments open judgment instruments, administrative penalty decision instruments, etc., collect and verify the information of the medical enterprises for breach of trust and record it.
centralized procurement agencies in the day-to-day operation through monitoring, correspondence, interviews, acceptance of reports and other means, to grasp the pharmaceutical enterprise pricing, bidding, performance and other aspects of the breach of trust information and record.
V. To carry out the credit rating of pharmaceutical enterprises in accordance with the requirements of "reliable sources, clear conditions, strict procedures, strict operation" to implement the credit rating, according to the nature of the breach of trust, circumstances, timeliness, and the scope of influence and other factors, the pharmaceutical enterprises in the local tender procurement market to assess the breach of trust as general, medium, serious, particularly serious four grades, dynamic updates on a quarterly basis.
the facts on which the credit rating is based on any breach of trust involving illegal and illegal acts shall be governed by the court's decision or the administrative punishment decision of the law enforcement department.
encourage local governments to explore quantitative credit rating methods to improve the standardization of credit rating.
6. The centralized procurement institutions for the classification of breach of trust shall, in accordance with the credit rating of pharmaceutical enterprises, respectively, adopt written reminders and warnings, prompt the purchaser with risk information by relying on the centralized procurement platform, suspend the bidding network of relevant drugs or medical supplies, suspend the supply and distribution of the winning drugs or medical supplies, and disclose the breach of trust to the public, and other disposal measures, and implement the liability of the pharmaceutical enterprise sist in breach of contract.
the supply structure of drugs or medical supplies in case of a single, tight supply and demand situation, when taking graded disposal measures, should take into account accessibility.
7. Encourage pharmaceutical enterprises to repair credit to establish a mechanism for automatic credit repair and active repair of credit of pharmaceutical enterprises. If the
breach of trust has been revoked for more than a certain period of time since its confirmation or if the relevant judicial judgment or administrative penalty decision is revoked according to law, the record shall be retained but no longer included in the credit rating range.
to inform pharmaceutical enterprises before the effective disposition measures, and give certain complaints and rectification periods, as the case may be, allow enterprises to take practical measures to take practical measures to repair credit, including terminating related breach of trust, submitting compliance rectification reports and accepting compliance inspection, publicly issuing apology statements to eliminate adverse effects, removing the false space in the price of drugs or medical supplies involved, returning unreasonable public donations, etc.
8. The correct use of pharmaceutical prices and credit evaluation to establish a credit evaluation system for pharmaceutical prices and recruitment is an important measure to purify the order of the pharmaceutical market, optimize the environment for pharmaceutical business, and promote the high-quality development of the pharmaceutical industry.
centralized purchasing institutions in various places to implement the evaluation of pharmaceutical prices and recruitment credit, should accept the guidance and supervision of the medical security department, adhere to laws and regulations as the criterion, market mechanism-oriented, civil rights and obligations as the fundamental, to ensure that pharmaceutical enterprises enjoy the right of independent pricing, independent management in accordance with the law;
9. Jointly promote the construction of credit evaluation system, centralized procurement agencies should establish and implement a provincial-based system of pharmaceutical price sourcing and credit evaluation by the end of 2020, adhere to the principle of sharing common management, promote the active participation of pharmaceutical enterprises and medical institutions, guide pharmaceutical enterprises to consciously fulfill their obligations to comply with price rules and operate in good faith, and guide medical institutions to choose better credit rating as supply or distribution units under the same conditions.
centralized purchasing agencies should further promote standardized construction, improve bidding and procurement services, make full use of information-based means for pharmaceutical enterprises to submit commitments, record information, repair credit and other convenient and efficient services and support.
original title: Heavyweight! The National Health Insurance Administration issues a list of medical prices and recruitment of breach of trust, these 7 points should focus on!