Drug kickbacks hit two in a hit! The Supreme Law and the Health Insurance Bureau signed a memorandum of cooperation.

Medicine Network September 18th, September 17th, the State Health Insurance Administration disclosed to the public that the Supreme People's Court and the State Health Insurance Administration recently signed a Memorandum of Cooperation on the Exchange and Sharing of Information on Commercial Bribery Cases in the Pharmaceutical Field. the main content of
is to establish a regular notification system of commercial bribery cases in the field of medicine, actively expand the use of judicial results in the field of commercial bribery in the field of medicine prices and recruitment, jointly promote information exchange and sharing at all levels of the system, and continuously deepen cooperation in the management of commercial bribery in the field of medicine.
addition to the previous day's "guidance on the establishment of pharmaceutical prices and credit evaluation system" (hereinafter referred to as "guidance"), all localities must establish and implement the credit evaluation system by the end of this year.
during the 83rd National Drug Fair, the time node of the national gathering of medical people, with pharmaceutical commercial bribery as the starting point of the two documents have been disclosed, which conveys the signal especially fine products.
timely, accurate and complete information in accordance with the "guidance" deployment, medical security departments guide the provincial centralized procurement agencies to establish a credit evaluation system, provincial centralized procurement agencies for the operation of the system to build a platform.
Among them, the first item listed in the list of medical prices and mis-trusted matters (version 2020) is the purchase and sale of medicines, giving rebates or other improper benefits to various medical institutions at all levels, centralized purchasing agencies and their staff (hereinafter referred to as "pharmaceutical commercial bribery"), which requires court decisions or administrative penalties from relevant law enforcement departments to determine the facts of the case.
" whether it is the medical security department, or the provincial centralized procurement agencies, they do not investigate, characterization and investigation of medical rebates and other illegal violations, mainly relying on court decisions and administrative penalties determined by the fact of breach of trust.
, if the facts of the loss of trust established by the judgment are changed or revoked, the provincial centralized purchasing agency will also adjust the credit rating results in a timely manner.
" The relevant person in charge of the price recruitment department of the State Medical Security Administration stressed in response to a reporter's question that in order to obtain the information of the source of the case in a timely, accurate and complete manner, the State Health Insurance Administration will actively promote the overall cooperation of the departments and explore the establishment of exchanges and policy linkage mechanisms with the courts, taxation, market supervision and other departments.
that the online publication of Chinese adjudical instruments is only a part, not all of them, so it is particularly important to establish a mechanism for sectoral linkage.
And in accordance with the requirements of the Guidance, provincial centralized procurement agencies regularly comb through the summary of the relevant departments open or shared adjudication documents, administrative penalty decision documents, etc., to collect and verify the information of the pharmaceutical enterprise's failure of trust and record it, but also in the daily operation through monitoring, acceptance of reports, etc., to grasp the pharmaceutical enterprises pricing, bidding, performance, marketing and other aspects of the misconduct information and record.
To this end, the Supreme People's Court and the State Health Insurance Administration signed the Memorandum of Cooperation on the Exchange and Sharing of Information on Commercial Bribery Cases in the Pharmaceutical Field, established a regular notification system for commercial bribery cases in the pharmaceutical field, and will provide a more complete source of information for all regions to set up credit evaluation platforms.
"Don't dare, can't, don't want" "rooting out the problem of pharmaceutical rebates, first of all, we must adhere to the system of governance, governance according to law, comprehensive governance, source governance, multi-sector linkage, comprehensive policy, to build a pharmaceutical enterprises 'dare, can't, don't want' to give rebates of the governance system.
", the above-mentioned National Health Insurance Bureau price recruitment department responsible for pointing out that the pharmaceutical sector to give rebates, monopoly price increases and other outstanding problems for a long time.
The person in charge gave a set of data: according to publicly available court decision documents statistics, between 2016 and 2019, more than half of the country's 100 compulsory drug enterprises were found to be giving or indirectly giving kickbacks, of which the most frequent enterprises involved in more than 20 cases in three years, a single case rebate amount of more than 20 million yuan;
, on the issue of the authenticity of sales costs, the relevant departments have been deployed for a long time.
the Ministry of Finance last year issued a "penetrating" inspection of accounting information of 77 pharmaceutical companies, is one of the key points.
At that time in the document listed a lot of need to focus on the content of inspection, including whether there is a sufficient basis for sales expenses, whether the real occurrence, whether there is consulting fees, meeting fees, accommodation fees, transportation costs and other types of invoices to withdraw large amounts of cash phenomenon, whether there is a multi-frequency from the same unit, a large number of invoices, if necessary, should be extended Check whether the invoice is issued, whether the payment of conference fees is true, whether the contents of the invoice are consistent with the meeting schedule, participants, meeting places and other elements, whether there is a phenomenon of medical institutions passing on conference fees, office expenses, equipment acquisition costs, etc. to pharmaceutical enterprises, whether there is a phenomenon of paying rebates to medical personnel through expert consultation fees, research and development fees, publicity fees, etc.
And in June this year, the National Health and Wellness Commission and other nine departments jointly issued the "2020 correction of the field of pharmaceutical purchase and sale and medical services in the wrong wind work points" also made it clear that before the end of the year will be led by the National Health and Health Commission, member units in accordance with the division of responsibilities to cooperate, regulate the way of cooperation and exchanges between medical and commercial.
addition to regulatory issues, "supervision" from the market is also continuous, industry compliance pressure is increasing.
, according to media reports, this month in Anhui, Shanxi and other hospitals posted an anonymous report letter, pointing directly to the issue of gold sales.
In the view of the health care sector, pharmaceutical companies are often insensitive to fines in kickback cases, but giving kickbacks can lead to the loss of access to the centralized procurement market, which will have a powerful deterrent effect, thus forming a system of governance effect.
analysts pointed out that the "guidance" clearly requires the implementation of the pharmaceutical enterprises to take the initiative commitment system, pharmaceutical enterprises to participate in procurement needs to submit a written commitment, commitment matters include the establishment of a compliance review system, put an end to the misconduct, regulate their employees (including employment relations) or have a principal-agent relationship of distribution enterprises to sell their own drugs or medical supplies, bear the corresponding responsibility for failure of trust, accept disposal measures.
and require pharmaceutical enterprises to take the initiative to report the information of the loss of trust to the provincial centralized purchasing agencies where the mis-confidence occurred.
, supplemented by regular briefings from the legal system, will hopefully further curb irregularities in the field of pharmaceutical purchase and sale at the source and regulate the marketing practices of pharmaceutical suppliers and their pharmaceutical business personnel.
.