In addition to restrictions on public hospitals, what did the first basic health care law say?

Medical and health institutions should be led by public medical and health institutions, and government offices and medical and health institutions must not cooperate with social capital to organize for-profit institutions. At the same time, strictly control the public investment of public hospitals, incorporate all their income into the departmental budget management, and moderately control the scale. These contents are all from China's first "Basic Health and Health Promotion Law (Draft)", as the first foundation in China's health and health field. Comprehensive laws, in addition to the above-mentioned explicit restrictions on public hospitals, also cover important content.

The report of the 19th National Congress of the Communist Party of China stated that it is necessary to implement the Healthy China Strategy, improve the national health policy, and provide comprehensive and comprehensive health services for the people; comprehensively establish a basic medical and health system with Chinese characteristics, a medical security system, and a high-quality and efficient medical and health service system. Improve the management system of modern hospitals.

The 31st Session of the Standing Committee of the 12th National People's Congress held in Beijing recently reviewed the draft Basic Health and Health Promotion Law, which was first submitted for consideration. During the deliberation, the members of the Standing Committee of the National People's Congress believed that the Basic Health and Health Promotion Law drafted this time, as a basic comprehensive law in the field of health, accelerates the development of China's medical and health undertakings, advocates a healthy and civilized lifestyle, and enhances the public. Health and wellness levels are significant.

At the same time, the participants put forward various suggestions on further safeguarding citizens' health rights and interests, constructing a reasonable medical and health service system, gradually solving the problem of uneven distribution of medical resources, promoting the rational allocation of medical resources and restructuring of institutional mechanisms.

Focus on solving the "fragmentation" of the internal medical insurance system in urban families

Medical insurance is concerned with thousands of households. For the grassroots, once the pressure on illness is high, the phenomenon of "poorness due to illness" is not uncommon. In the seventh chapter, fundraising and payment, the draft stipulates the relevant content of medical insurance, and clarifies that basic medical services are mainly paid by medical insurance funds and individuals.

Regarding this provision, the members of the Standing Committee think it is very important. It is recommended that the state should gradually improve the mechanism for the sustainable financing and guarantee level of the insurance medical system. It can be stipulated in the law that as long as it is a case of basic medical services, it can be admitted to medical insurance. Reimbursement.

During the deliberation, the Sheng Sheng resistance committee cited such an example: a family "one family three systems", the husband is public medical care, the wife is employee medical insurance, the child and the elderly are residents medical insurance. This "fragmentation" situation has caused this family to be very worried. If the old and the young are sick and have worked hard for decades, they may be seriously ill and return to "before liberation" overnight. All the savings and all the property must be Spend it. Moreover, the level of fundraising for the old and the young is very low, and the insurance for residents is very fragile, which has caused many families to be very worried about the medical insurance system. In addition, the current level of fundraising for employee health insurance is very high, leading to many “exciting” phenomena in this pool of funds. For example, if the money in the personal account of the medical insurance is inexhaustible, it will go to the pharmacy to buy all kinds of daily necessities, which will lead to moral hazard and the mutual aid will not be reflected.

"On the one hand, a large amount of funds are deposited for non-medical purposes, resulting in the alienation of the system. On the other hand, the level of funding for the old and the small is not sustainable. I think the biggest problem is how to solve the 'fragmentation' of the internal medical insurance system in urban families. First of all, the biggest advantage is that we can achieve sustainable financing according to the law. The draft is well written, but how to implement it, I think it should be integrated as soon as possible.

Huang Qifan, deputy director of the National People's Congress Financial and Economic Committee, also talked about the issue of medical insurance reimbursement: "The difference between public hospitals and private hospitals lies in the fact that public hospitals have medical insurance reimbursement in addition to basic medical care, and other aspects of financial investment, private hospitals should see the disease. On the issue of reimbursement, the same disease, the same person, should be reimbursed with the same medical insurance as the public hospital, the government no longer invests, and the private hospital's shareholders invest. In short, whether it is public or private, as long as it is non-profit, in the basic In the medical field, he is treated equally in medical insurance." In addition, he suggested that one of the legal responsibilities of Chapter IX of the draft should be clear that any hospital, doctor, patient or medical and medical facility providing unit cannot join the gloves for medical insurance. "Medical insurance costs are national. If you look at a small illness, you will report more in the hospital and report the income generated in the future. The hospital will leave a little, the patient will stay a little, and the enterprises that provide the drugs will leave a little. This is the crime of illegal corruption. This is a lot of things now."

It is recommended to vigorously develop primary medical machines

The draft proposes “to insist on focusing on the grassroots level” and to clarify that the state should give priority to supporting the development of primary medical institutions. During the deliberation, many members of the Standing Committee thought that the specific provisions did not reflect the grassroots level as the key point. The relevant measures should be further improved, content should be enriched, and grassroots medical institutions should be vigorously developed.

In view of the outstanding problems still existing in the medical and health field, such as expensive medical treatment and difficult medical treatment, Mr. Ren Maodong suggested further clarifying the design of the system and further stipulating “strong grassroots”. "The best basic medical system, it is difficult to guarantee basic medical care at the bottom of the Internet, and it is recommended to increase its regulations. Strengthen the construction of grassroots service systems including basic medical care, improve service quality, improve service models, and highlight disease prevention and health services. The function of establishing a stable funding mechanism."

Committee member Chen Guoling pointed out that the direct contact of the primary medical institutions with the people is a front line and an outpost. Nowadays, there are many common diseases and many diseases, and the number of people involved is very large. The state must be willing to invest and the institutions are well managed, which not only reduces the hospital’s The burden is also very good for improving the health of the people and implementing the principle of prevention.

"Currently, some contradictions and problems in the medical and health undertakings are related to the deviations in the implementation of the health care policy." Wang Ercheng pointed out that the draft highlights the significance of the grassroots and is one of the highlights of this law. However, the shortcomings are also here, the provisions are not enough, there are no specific measures and measures to ensure that it is recommended to supplement this aspect.

Commissioner Chen Weiwen believes that the draft captures the main contradictions and key issues of current imbalances and inadequacies in health care and health work. However, the content of the text focusing on the grassroots is not enough. In particular, the allocation of medical and health resources, including financial allocations, human resources, and the allocation of medical staff, is not regulated by provisions that focus on the grassroots. It is recommended to have a separate provision.

It is recommended to make detailed regulations on health education

Nowadays, with the increasing living standards, the people's thirst for health knowledge has gradually increased, and various health and health programs are popular on the screen network. But at the same time, there have been many problems. In view of this, during the deliberation, members of the Standing Committee recommended further refinement and standardization of health education.

Committee member Jiang Jufeng said, "There are various health and health programs in the media, and there are many health talks. There are also health talks conducted by some associations or individuals. It is helpful for popularizing health knowledge and forming a healthy lifestyle, but it has also appeared. There are few problems, especially when some people use the banner of health and health talks to sell fake and inferior products, the impact is very bad, and some also cause serious consequences." He suggested to vigorously rectify and strictly regulate.

“Health knowledge dissemination is very important and is a very important measure to promote health. In particular, the spread of health knowledge on TV has a large audience. The problem is that it is used too much now. I don’t know if the lecturer is scientific, authoritative or accurate. The department is responsible for the customs clearance.” Member Wang Naikun suggested that the health knowledge dissemination should be regulated in the comprehensive supervision and management in Chapter VIII, and the health lectures should be strengthened and supervised. The major hospitals should send people to the health lectures to avoid misleading. For example, he said, for example, a health program tells the elderly to eat more grains. Many old people eat three grains a day, and finally the stomach is out of order. I don't know what happened. Another TV health program also said that miscellaneous grains are not suitable for the elderly, because the elderly have weak stomach digestion, and the elderly are confused. For example, some health programs tell you that you can get medicine without drugs. It is a three-point drug. You can use diet and food supplements. However, some diseases require you to take medicine but do not take medicine. As a result, your illness is wrong.

Should promote the resolution of medical disputes and contradictions between doctors and patients

In view of the current social problems arising from the contradiction between patients and medical institutions or health workers, and the disputes between doctors and patients, Article 99 of the draft stipulates that disrupting the order of medical and health institutions and threatening the personal safety of medical and health personnel. Those who constitute violations of the rule of law and security management shall be punished by public security organs according to law; if they constitute a crime, they shall be investigated for criminal responsibility according to law. During the deliberation, some members thought that the legal liability was too simple and not sufficient. The proposal was further clarified in the law and more rigorous and effective.

"Developing the Basic Health and Health Promotion Law, fully embody the principles of rights and responsibilities, rights and obligations, establish the rights and obligations of both doctors and patients, establish norms for medical behavior, compensation items and standards for medical damage, and undermine normal medical care. Orders and specific penalties and standards affecting normal medical behavior, exemption systems for medical behaviors, etc., enable medical disputes to be standardized, procedurized, and rationalized in accordance with the law, thereby maintaining and promoting social harmony and stability.” Commissioner Han Xiaowu pointed out that medical and health services In relation to every household and society, building a harmonious relationship between doctors and patients is very important to promote social harmony and stability. With the shift of the medical model and the health service model to “people-centered”, basic medical and health legislation must proceed from the human point of view, further standardize the medical work according to law, and make the medical personnel access system and medical service price that meet the characteristics of the medical and health industry. Legalization of policies and medical staff compensation systems. At the same time, the law must also clarify the obligation of citizens to undertake healthy investment, prevent diseases and abide by the order of medical treatment, and create a good environment for "respecting medical care."

Liang Shengli believes that the medical and health departments, including the duties of medical and health personnel, should be clear in the law. How to treat medical staff should also be legally stated. "Some people make troubles. What should we do in this situation? What should we do if we are unreasonable? These two issues are still prominent in the current society."

Guo Gengmao, deputy director of the NPC Agriculture and Rural Committee, believes that the three levels of meaning should be clearly defined in the law: First, the state maintains the normal order of legitimate medical and health institutions. Second, doctor-patient disputes should be handled in accordance with relevant laws and regulations. Third, disrupting the order of medical and health institutions and threatening the safety of medical and health personnel shall be disposed of by the public security organs according to law. Criminal liability for constituting a crime.

Zhou Haibo, deputy to the National People's Congress who attended the meeting, said that the ninth chapter of the draft lists the legal responsibilities of governments at all levels, medical institutions, and medical and health personnel. The legal responsibilities of individual citizens are not listed separately. The lawful rights and interests of medical and health personnel cannot be effectively maintained without explicit provisions. It is not conducive to the formation of a harmonious relationship between doctors and patients. It is recommended that individual citizens be legally responsible, including medical liability, violent medical treatment, and malicious fraud. (Legal Daily)

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