Medicine Net, May 21 hearing, in just 10 days, that is, June 1, the first basic and comprehensive law in the field of health and health in my country, the Basic Medical Health and Health Promotion Law (hereinafter referred to as the "Promotion Law") ) will be implemented. Not long ago, the National Health and Medical Commission also issued a special document requesting study, publicity and implementation.

Since it is the first basic and comprehensive law in the field of health and wellness in my country, what is the attitude of this law to the society's medical services? What are the favorable policies and prohibitive clauses? It is also a common concern of people, especially social medical practitioners. Today, the author will sort out according to the "law".

Basic Attitude: Encouragement and Support

Article 12 of the Promotion Law stipulates that the state encourages and supports citizens, legal persons and other organizations to participate in medical and health care and health care through legal establishments, donations, funding, etc., to meet the diverse, differentiated and individualized health needs of citizens .

Citizens, legal persons and other organizations who donate property for medical and health care and health services shall enjoy preferential taxation in accordance with the law.

Article 13 stipulates that organizations and individuals who have made outstanding contributions to the medical and health care and health cause shall be commended and rewarded in accordance with state regulations.

Favorable policies: at least 5 aspects

1. Allow the government to purchase basic public health services from social medical institutions

The Promotion Law stipulates that basic public health services are provided free of charge by the state. The national basic public health service items shall be jointly determined by the competent health department of the State Council in conjunction with the financial department of the State Council and the competent department of traditional Chinese medicine. The people's governments of provinces, autonomous regions, and municipalities directly under the Central Government may, on the basis of the national basic public health service items, supplement and determine the basic public health service items for their respective administrative regions, and report them to the competent health department of the State Council for the record.

The people's governments at or above the county level provide basic public health services by setting up professional public health institutions, primary medical and health institutions and hospitals, or by purchasing services from other medical and health institutions.

This means that socially-run medical institutions can also participate in basic public health services by purchasing services.

2. Encourage social medical institutions to provide basic medical services

Article 29 of the Promotion Law stipulates that basic medical services are mainly provided by government-run medical and health institutions. Medical and health institutions organized by social forces are encouraged to provide basic medical services.

3. Social medical institutions can participate in medical alliances

Article 30 of the Promotion Law stipulates that the state promotes the implementation of a hierarchical diagnosis and treatment system for basic medical services, guides non-emergency patients to seek medical treatment at grass-roots medical and health institutions first, implements the responsibility system for the first diagnosis and the responsibility system for referral review, and gradually establishes the first diagnosis at the grass-roots level, The mechanism of two-way referral, separation of acute and chronic, and linkage between upper and lower levels is linked with the basic medical insurance system.

The local people's governments at or above the county level shall, according to the medical and health needs of their administrative regions, integrate the medical and health resources organized by the governments in the region, and establish a medical service cooperation mechanism such as a medical consortium according to local conditions. Medical and health institutions organized by social forces are encouraged to participate in the medical service cooperation mechanism.

4. The government encourages the combination of medical care and elderly care, etc., and socially running medical institutions is an opportunity

Article 36 of the Promotion Law stipulates that various medical and health institutions at all levels shall cooperate in a division of labor to provide citizens with all-round and full-cycle medical and health services such as prevention, health care, treatment, nursing, rehabilitation, and palliative care.

People's governments at all levels take measures to support medical and health institutions in establishing collaborative mechanisms with elderly care institutions, child welfare institutions, and community organizations to provide safe and convenient medical and health services for the elderly and orphans and disabled children.

These aspects are currently scarce in resources. The government-run level-two hospitals, that is, level-two and above hospitals, cannot be taken care of, and the government-run grass-roots medical institutions cannot do it. This is the window period for social-run medical institutions to intervene.

5. The state gives social medical institutions and public medical institutions the same policy treatment and encourages all-round cooperation between the two, but there are also “restricted areas”

Article 41 of the Promotion Law stipulates that the state adopts various measures to encourage and guide social forces to set up medical and health institutions in accordance with the law, and to support and regulate medical and health institutions run by social forces and government-run medical and health institutions to carry out various types of medical and health institutions. Cooperation in medical business, discipline construction, personnel training, etc.

Medical and health institutions run by social forces enjoy the same rights as government-run medical and health institutions in terms of basic medical insurance designation, construction of key specialties, scientific research and teaching, grade review, access to specific medical technologies, and professional title evaluation of medical and health personnel.

Social forces can choose to set up non-profit or for-profit medical and health institutions. Non-profit medical and health institutions run by social forces enjoy the same policies as government-run medical and health institutions in terms of taxation, financial subsidies, land use, water use, electricity use, gas use, and heat use, and are subject to supervision and management in accordance with the law.

But at the same time, it is stipulated that the state encourages government-run medical and health institutions to cooperate with social forces to set up non-profit medical and health institutions. A medical and health institution organized or participated in by government funds or donated assets shall not be established as a for-profit medical and health institution. Government-run medical and health institutions shall not invest with other organizations to establish non-independent legal person medical and health institutions, and shall not cooperate with social capital to establish for-profit medical and health institutions.

Article 100 of the "Promotion Law" stipulates that (1) government-run medical and health institutions and other organizations invest in establishing medical and health institutions with non-independent legal personality; (2) medical and health institutions lease out or contract medical departments; (3) non-profit medical and health institutions make capital contributions to Persons and organizers distribute or disguise profits, and three kinds of illegal acts have formulated punishment rules, namely: if one of the above acts is committed, the competent health department of the people's government at or above the county level shall order it to make corrections, confiscate the illegal gains, and impose a penalty on the illegal gains. A fine of more than ten times but not more than ten times, and if the illegal income is less than 10,000 yuan, shall be calculated as 10,000 yuan; the directly responsible person in charge and other directly responsible personnel shall be punished according to law.

Overall, these regulations are not new, they are all existing in previous policies, but the most worthy of affirmation is that the favorable policies are fixed in the form of "laws", and the prohibitive regulations are also expressed in "laws". This is undoubtedly a great support for the social medical service. On the one hand, it avoids the policy from changing with the times, and avoids the policy from changing with the personnel change. On the other hand, it is also conducive to stabilizing the confidence of social medical investors and making it more long-term. plan.