Health and Family Planning Commission of national development and Reform Commission: monopoly purchase and distribution of consumables are checked

Source: after sebilan 2018-01-31 secondary Reform Commission issued anti-monopoly documents for many times, the national health and Family Planning Commission also conducted self investigation on its possible competition restriction policies, and required the whole system to participate in the investigation together, which means that in medical consumables procurement, distribution and other activities, various monopoly behaviors will be checked and cleared up On January 29, the general office of the national health and Family Planning Commission issued a letter on Soliciting Opinions on the elimination and restriction of competition in the current policy and measures documents of the Commission, which said: The committee is in the process of clearing up the local protection, designated transactions, market barriers and other contents contained in the policies and measures (including current regulations, normative documents and other policy measures) related to the economic activities of market subjects at the same level of the Committee The key points include the following aspects 1 Set unreasonable and discriminatory access and exit conditions; 2 Restrict the operation, purchase and use of goods and services provided by specific operators; 3 Implement discriminatory price and subsidy policies for foreign and imported goods and services; 4 Restrict the entry of foreign and imported goods and services into the local market or hinder the export of local goods and services; 5 Excluding or restricting the non local operators to participate in the local bidding activities; 6 Forcing the operators to engage in the monopoly behavior stipulated in the anti monopoly law Please collect and sort out the current regulations, normative documents and other policies and measures formulated by the Commission at the same level, including exclusion and restriction of competition clauses or provisions, in combination with daily health and family planning work, and feed back the relevant information to the legal department of the Commission before February 2, 2018 Although the above-mentioned documents do not mention the requirement of self inspection by health and family planning departments of all regions, anyone can imagine that the investigation has been started at the level of ministries and commissions, and the investigation at the provincial, municipal and even county levels of the health and family planning system should be indispensable, not to mention all, at least some of them will follow up In my opinion, in the process of purchasing drugs, medical consumables and reagents, regional protection and monopoly distribution occur from time to time, which brings unfair and unfair to other competitors and causes great controversy On December 5, 2017, the national development and Reform Commission, the Ministry of Finance and the Ministry of Commerce jointly checked the monopoly, and issued a notice on printing and distributing the work plan for 2017-2018 to clean up the existing policies and measures to eliminate and restrict competition This notice requires all departments of the State Council and local governments at all levels and their subordinate departments to clean up the local protection, designated transactions, market barriers and other contents contained in the current regulations, normative documents and other policy measures in comparison with the anti monopoly law and the opinions on establishing a fair competition review system in the construction of market system issued by the State Council, and during the cleaning up period We will strengthen anti-monopoly law enforcement and investigate and deal with cases of abuse of administrative power to eliminate and restrict competition Obviously, the policies and regulations of the pharmaceutical industry are also within the scope of the joint clean-up work of the three ministries and commissions Moreover, according to the current anti-monopoly situation, it should be one of the priorities of the clean-up According to the notice, the entire cleanup will take up to one year, starting in December 2017 and ending by November 2018 It includes three stages: self inspection and sorting, audit and troubleshooting, open waste removal, summary and report, and supervision and inspection The key points include: 1 Setting unreasonable and discriminatory access and exit conditions; 2 Restricting the operation, purchase and use of goods and services provided by specific operators; 3 Implementing discriminatory price and subsidy policies for foreign and imported goods and services; 4 Restrict the entry of foreign and imported goods and services into the local market or hinder the export of local goods and services; 5 Exclude or restrict the participation of foreign business operators in local bidding activities; 6 Force business operators to engage in monopoly activities as stipulated in the anti monopoly law The policies and measures cleared up to eliminate and restrict competition will be abolished or adjusted At the same time, the notice requires that anti-monopoly law enforcement agencies should strengthen law enforcement during the period of clearing up, investigate and open typical cases of abuse of administrative power to eliminate and restrict competition, form law enforcement deterrence, and promote policy-making agencies to carry out clearing up work seriously The national development and Reform Commission published five cases of drug monopoly in succession on the 25th of the same month, and the national development and Reform Commission issued nine cases of local government departments correcting the abuse of administrative power to exclude and restrict competition, three of which are related to the field of pharmaceutical purchase and sale In the three cases, the local government departments have all accepted the anti-monopoly investigation of the national development and Reform Commission, and all of them have been found to have practices suspected of violating the anti-monopoly law The specific violations are as follows: The health and Family Planning Bureau of Jiang'an County, Sichuan Province was reported that in the process of organizing the procurement selection and competitive negotiation of drugs and consumables for public medical institutions in the county, the county-level public hospital drug consumables distribution enterprises were selected as the owners, and the only distribution enterprise was selected for the distribution of drug consumables for township medical institutions in the county through competitive negotiation, and the above distribution enterprises could not fully meet the requirements of the whole county The GSP certificate has also been withdrawn by the relevant units for the distribution demand of drug consumables in the county public medical institutions The practice of health and Family Planning Bureau of Jiang'an county is considered to deprive the county's public medical institutions of the right to choose independently, and to exclude and restrict the competition in the local distribution market Wuhu medical consumables management center of Anhui Province was found out that in the bidding announcement and public selection scheme for drug distribution enterprises in Wuhu public hospitals, there are provisions that require the winning bidder to register a wholly-owned subsidiary or holding subsidiary locally within six months In a week, the national development and Reform Commission exposed two more anti-monopoly cases in the field of medicine On January 2, 2018, Yan'an health and family planning bureau took the initiative to correct the abuse of administrative power to eliminate the restriction of competition, and on December 29, 2017, Tianjin human resources and Social Security Bureau took the initiative to correct the behavior hindering the competition in the pharmaceutical market in the payment of medical insurance The administrative measures for the selection of drug (consumables) centralized purchasing and distribution enterprises in Yan'an City (Trial) (yclf [2017] No 1) issued by Yan'an City once set the discriminatory qualification requirements for distribution enterprises outside the city and inside the city, and the relevant provisions violated the relevant provisions of the anti monopoly law After Shaanxi Provincial Price Bureau intervened in the investigation, Yan'an health and Family Planning Bureau abolished the relevant provisions and unified the application conditions of local enterprises and non local enterprises The two documents issued by Tianjin Municipal Bureau of human resources and social security in 2017 did not include the drugs produced by some pharmaceutical factories that belong to the catalogue of drugs for national basic medical insurance, industrial injury insurance and maternity insurance into the payment scope of Tianjin medical insurance, which hindered the full competition of the medical drug market After the interview with Tianjin Development and Reform Commission, the Bureau of human resources and social security issued a notice, stipulating that the payment of medical insurance in the future shall be strictly in accordance with the relevant provisions of the state For the 2017 version of the national drug catalog, which meets the requirements of the national drug catalog, all of them are included in the payment scope of medical insurance After filling in the drug information voluntarily, the enterprise is free to enter the medical drug market of the city.