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    Home > Medical News > Latest Medical News > The National Medical Insurance Administration issued a blockbuster document!

    The National Medical Insurance Administration issued a blockbuster document!

    • Last Update: 2021-07-06
    • Source: Internet
    • Author: User
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    Chapter III Fund Management


    Chapter IV Medical Services


    Chapter V Public Management Services


    Chapter VI Supervision and Administration


    Chapter VII Legal Liability


    Chapter 8 Supplementary Provisions


    Chapter One General Provisions


    The first article is to standardize the medical security relationship, improve the high-quality multi-level medical security system, safeguard the legitimate rights and interests of citizens in medical security, and promote the healthy development of medical security
    .
    This law is formulated in accordance with the Constitution .


    Article 2 The state establishes a medical security system with basic medical insurance as the main body, medical assistance as the foundation, supplementary medical insurance, commercial health insurance, and charity medical assistance, which are mutually connected and developed together
    .


    Article 3 This Law shall apply to activities such as fund-raising operations, payment of benefits, fund management, price management, bidding and procurement, medical services, public management services, and supervision and management related to medical security within the territory of the People’s Republic of China
    .


    Article 4 The medical security undertakings shall adhere to the people's health as the center, follow the principles of covering the whole people, urban and rural areas, clear powers and responsibilities, appropriate security, and sustainable multi-level principles to continuously meet citizens' medical security needs
    .


    Article 5 People’s governments at or above the county level shall strengthen leadership over medical security work, incorporate medical security undertakings into national economic and social development plans, establish a sound medical security system, strengthen medical security capacity building, and provide security for medical security work
    .


    Article 6 The medical security administrative department of the State Council shall be responsible for the management of medical security throughout the country, and other relevant departments of the State Council shall be responsible for relevant medical security within their respective responsibilities
    .


    The medical security administrative department of the people's government at or above the county level is responsible for the medical security management of its administrative area, and other relevant departments of the people's government at or above the county level are responsible for related medical security within their respective responsibilities
    .


    The township (town) people's government and sub-district offices shall do a good job in medical security related work in accordance with the requirements of the higher-level people's government
    .
    The village (neighborhood) committee assists in the work related to medical security
    .


    Article 7 The state encourages all localities to raise funds through multiple channels according to their own economic development level, fund affordability, population aging degree and other factors to ensure the steady and sustainable financing of medical security funds
    .


    Article 8: Medical institutions, pharmaceutical business units (hereinafter collectively referred to as pharmaceutical institutions), commercial insurance companies, medical and health industry associations and other institutions shall strengthen industry self-discipline and promote industry standards and self-discipline
    .


    Article 9: Citizens have the right and obligation to participate in basic medical insurance in accordance with the law and enjoy corresponding medical insurance treatments in accordance with regulations
    .
    Citizens should improve their health literacy and strengthen health management
    .


    Article 10 The state vigorously trains medical security talents and establishes a system for professional titles of medical security talents
    .


    Organizations and individuals that have made outstanding contributions to medical security will be commended and rewarded in accordance with national regulations
    .


    Article 11 The state encourages and supports foreign exchanges and cooperation in the field of medical security
    .
    In carrying out medical security exchanges and cooperation activities with foreign countries, laws and regulations shall be abided by, and national sovereignty, security and social public interests shall be safeguarded
    .


    Chapter II Fundraising and Treatment


    Section 1 Basic Medical Insurance


    Article 12 Basic medical insurance includes basic medical insurance for employees and basic medical insurance for urban and rural residents
    .


    Employers such as state organs, enterprises, institutions, social organizations, individual industrial and commercial households with hired workers, and their employees shall participate in the basic medical insurance for employees
    .


    Persons who have not participated in the basic medical insurance for employees or have not enjoyed other medical insurance in accordance with regulations shall participate in the basic medical insurance for urban and rural residents in accordance with the law
    .


    Encourage unemployed self-employed industrial and commercial households, part-time employees who are not in the employer’s basic medical insurance for employees, and other flexible employees (hereinafter collectively referred to as flexible employees) to participate in basic medical insurance for employees
    .


    Participants are not allowed to participate in the basic medical insurance repeatedly
    .


    Article 13 The basic medical insurance premiums for employees shall be paid jointly by the employer and the employees, and a unified withholding and payment system shall be implemented by the employer
    .
    For flexible employees who participate in the basic medical insurance for employees as an individual, the basic medical insurance premiums shall be paid by the individual
    .


    The basic medical insurance premiums for urban and rural residents shall be borne jointly by finance and individuals
    .
    Those who enjoy the minimum living allowance, those who are included in the scope of assistance and support for the extremely poor, the disabled who are incapacitated, the elderly and minors of low-income families over 60 years of age, and other individuals who participate in the basic medical insurance for urban and rural residents are required to pay for the personal payment.
    Subsidies are provided by the government
    .
    Persons with multiple identities shall be subsidized in accordance with the highest remuneration that can be enjoyed, and the subsidy shall not be repeated
    .


    The specific policies for the financing of basic medical insurance shall be formulated by the medical security administrative department of the State Council
    .


    Article 14 The starting time for the basic medical insurance participants to enjoy the benefits after payment shall be implemented in accordance with the relevant regulations of the state and various provinces, autonomous regions and municipalities directly under the Central Government
    .


    For individuals who participate in the basic medical insurance for employees, when the basic medical insurance relationship is transferred and continued, the basic medical insurance payment period will be calculated cumulatively
    .


    Article 15 The payment scope of the basic medical insurance fund shall be organized and formulated by the medical security administrative department of the State Council
    .


    The people's governments of provinces, autonomous regions, and municipalities directly under the Central Government shall, in accordance with relevant national regulations, supplement the specific items and standards for basic medical insurance fund payment in their administrative regions, and report them to the medical security administrative department of the State Council for the record
    .


    The medical security administrative department of the State Council is responsible for organizing the formulation of the national basic medical insurance drugs, medical consumables, medical service items, medical service facilities and other catalogs and payment standards, and implementing dynamic adjustments
    .


    Article 16 The following medical expenses are not included in the payment scope of the basic medical insurance fund:


    (1) It should be paid from the work-related injury insurance fund;


    (2) Should be borne by a third person;


    (3) Should be borne by public health;


    (4) Seeking medical treatment abroad;


    (5) Sports fitness, health care consumption, and health check-ups;


    (6) Other expenses not paid by the basic medical insurance fund prescribed by the state
    .


    When encountering a major impact on economic and social development, the scope of non-payment of the basic medical insurance fund can be adjusted temporarily after legal procedures
    .


    Article 17: Expenses incurred by persons participating in basic medical insurance in designated medical institutions that meet the scope of the basic medical insurance payment shall be paid by the basic medical insurance fund in accordance with regulations
    .


    Article 18 Employers and employees shall participate in maternity insurance.
    The maternity insurance premiums shall be paid by the employers in accordance with regulations, and the employees shall not pay
    .
    Maternity insurance benefits include maternity medical expenses and maternity allowances
    .
    Maternity insurance and basic medical insurance for employees shall be implemented in combination in accordance with state regulations
    .


    The maternity medical expenses incurred by women who have not participated in maternity insurance shall be resolved by participating in basic medical insurance
    .


    Section 2 Multi-level medical insurance


    Article 19 The people's government at or above the county level shall improve the medical assistance system, and implement subsidized insurance and direct medical expenses assistance for people in difficulty who meet the conditions for medical assistance
    .
    Medical assistance objects, assistance methods, and scope of assistance expenses shall be implemented in accordance with relevant national regulations
    .
    The medical aid fund is raised through multiple channels such as financial subsidies, lottery charity funds, and social donations
    .
    The people's government at or above the county level shall scientifically and reasonably determine the medical aid standards based on the level of economic and social development and the raising of medical aid funds
    .


    Article 20 Supplementary medical insurance mainly includes serious illness insurance for urban and rural residents, subsidies for large-scale medical expenses for employees, medical subsidies for civil servants, and supplementary medical insurance for enterprises
    .
    Supplementary medical insurance guarantees the medical expenses that meet the requirements of the insured persons who are personally borne by the basic medical insurance
    .


    Article 21 Encourage the development of commercial health insurance and support commercial insurance companies to expand the scope of insurance products such as critical illness insurance
    .
    Encourage employers and urban and rural collective economic organizations to purchase commercial health insurance for their employees and members in accordance with regulations
    .
    The medical security administrative department of the State Council, in conjunction with relevant departments, regulates the management of commercial health insurance, and promotes the orderly development of commercial health insurance
    .


    Article 22 The state encourages social charitable donations to support the development of medical security
    .
    Coordinate and mobilize the assistance of charity medical assistance to support the orderly development of medical mutual assistance
    .
    The collection and use of charity medical assistance funds shall be implemented in accordance with relevant national regulations
    .


    Article 23 The state establishes and develops long-term care insurance to address the basic care security needs of disabled persons
    .
    Long-term care insurance covers all people, the payment is reasonably shared, the protection is balanced and moderate, and the level of financing and benefits are dynamically adjusted
    .
    Formulate and improve standards for disability assessment and needs identification, the scope of basic insurance items, and management methods that are compatible with the operation of the long-term care insurance system
    .
    Improve the service system that meets the characteristics of long-term care insurance
    .
    Support social forces to participate in the construction of the institutional system and encourage the establishment of a diversified comprehensive security structure
    .


    Article 24 The state shall improve the mechanism for guaranteeing medical treatment expenses in emergencies such as major epidemics, improve the medical treatment and medical insurance payment policies, and make overall plans for the use of medical security funds and public health service funds
    .


    Chapter III Fund Management


    Article 25 The medical security fund shall implement the financial accounting system prescribed by the state, and shall conduct accounting in accordance with the accounting system prescribed by the state
    .
    Medical security agencies should strengthen fund management in accordance with regulations, and administrative departments such as finance and medical security should strengthen supervision
    .


    The basic medical insurance fund shall be deposited in a special fiscal account
    .


    Article 26 The medical security fund is earmarked for use only, and no organization or individual may embezzle or misappropriate it
    .


    Article 27 The medical security fund shall strengthen budget management and implement the budget and final accounts system
    .


    The people's government at or above the county level shall continue to improve the guarantee mechanism of the basic medical insurance fund and medical assistance fund, and fully implement the supporting fund-raising responsibilities in accordance with the budget implementation
    .


    Article 28: The State establishes a national medical security risk management and control mechanism, and establishes a national medical security risk adjustment fund, which consists of central fiscal budget appropriations and funds raised by other means approved by the State Council, and is used to supplement and adjust medical security expenditures
    .


    Article 29 The medical security fund shall maintain and increase its value by investing and operating in accordance with the provisions of the State Council on the premise of ensuring safety
    .


    Article 30 The medical security agency shall regularly announce the income, expenditure, and balance of the medical security fund to the public, and accept social supervision
    .


    Chapter IV Medical Services


    Article 31 The State establishes a centralized procurement system for medicines and medical consumables in public medical institutions
    .
    The medical security administrative department formulates and supervises the implementation of bidding procurement policies for drugs and medical consumables, and guides the construction of a centralized procurement platform for drugs and medical consumables
    .


    The provincial medical security administrative department organizes public medical institutions within its jurisdiction to carry out centralized procurement of drugs and medical consumables and supervises the implementation.
    The centralized procurement platform is established in accordance with the unified planning and standards of the medical security administrative department of the State Council, and the provincial centralized procurement agency is responsible for management
    .
    Provincial centralized procurement agencies shall implement the transaction rules and standards formulated by the medical security administrative department, carry out the bidding, procurement, trading, and settlement of drugs and medical consumables, and monitor relevant information
    .
    Public medical institutions shall purchase necessary drugs and medical consumables from the provincial centralized procurement platform in accordance with regulations
    .


    The state encourages non-public medical institutions to participate in the centralized procurement of medicines and medical consumables
    .


    Article 32 Pharmaceutical companies participating in the bidding shall follow the principles of fairness, lawfulness, honesty and credibility, and conform to the quality and price, set prices reasonably, and shall not bid at a price lower than the cost, and shall not use fraud, bid collusion, abuse of market dominance, etc.
    Bidding
    .
    Pharmaceutical companies that have won the bid shall guarantee the safety, effectiveness and quality controllability of drugs and medical consumables, sign purchase and sale agreements in a timely manner, and ensure supply and distribution in place according to the requirements of purchase and sale agreements
    .


    Medical institutions should make timely payments in accordance with the purchase and sale agreement, and encourage the medical security fund to settle directly with pharmaceutical companies
    .


    Article 33 The basic medical services provided by public medical institutions shall adopt government-guided prices, and the non-basic medical services such as special needs shall adopt market-adjusted prices
    .
    Medical services provided by non-public medical institutions are subject to market-adjusted prices
    .
    The prices of medicines and medical consumables with market-adjusted prices in accordance with the law, as well as medical services, shall be set in accordance with the principles of fairness, legality, quality and price, and honesty and trustworthiness
    .


    Medical institutions shall publicize the prices of medicines, medical consumables and medical services in a clear and clear manner, strengthen the management of the rational use of medicines and medical consumables, truthfully issue expense receipts and related materials, and accept price monitoring, guidance, inspection and cost from medical security and other departments Investigate
    .


    Article 34 The medical security administrative department is responsible for conducting cost price surveys of drugs and medical consumables, implementing a credit evaluation system for drug prices and bidding purchases, and strengthening the supervision and inspection of illegal acts infringing on the medical security fund by means of price monopoly and price bidding.

    .


    The medical security administrative department shall establish a mechanism for macro-management, classified management, dynamic adjustment, monitoring and assessment of medical service prices, determine the procedures for setting and adjusting prices of medical services, and carry out medical service price monitoring, guidance, inspection, cost investigation and assessment for medical institutions
    .


    Article 35 The medical security administrative department of the State Council is responsible for formulating medical security service agreements (hereinafter referred to as service agreements) management measures, standardizing, simplifying, and optimizing medical institutions' designated application, professional evaluation, and negotiation procedures, and preparing and regularly revising service agreement templates
    .


    The State Council administrative department of health care service agreement management measures, shall hear the terms of the relevant departments, medical institutions, industry associations, the public, experts and other opinion
    .


    Article 36 In accordance with the needs of protecting public health and management services, medical security agencies and medical institutions establish collective bargaining and consultation mechanisms, negotiate and sign service agreements, clarify the rights and obligations of both parties, regulate medical service behaviors, and clarify violations of service agreements Behavior and its responsibilities
    .


    The medical security agency shall promptly announce to the public the list of medical institutions that have signed service agreements
    .


    Article 37 Designated medical institutions shall provide reasonable and necessary medical services to insured persons, implement price policies that comply with regulations, improve service quality, rationally and effectively use medical security funds, and safeguard citizens’ health rights
    .
    On the premise of meeting clinical needs, designated medical institutions should give priority to the use of medical service items that can be paid by the medical security fund
    .


    Article 38 The designated medical institution shall establish an internal management system for the medical security fund, with specialized agencies or personnel responsible for the management of the medical security fund, and establish a sound evaluation and evaluation system
    .


    The designated medical institution shall organize training on the relevant systems and policies of the medical security fund, regularly inspect the use of the medical security fund of the unit, and promptly correct the irregular use of the medical security fund
    .


    Article 39 The medical security departments at all levels shall organize and carry out the medical security performance assessment of designated medical institutions and establish a dynamic management mechanism
    .
    The performance appraisal method is formulated by the medical security department of the State Council, the provincial medical security department may formulate specific assessment rules, and the handling agency is responsible for organizing the implementation
    .


    Article 40 Designated medical institutions shall keep accounting vouchers, medical records, prescriptions and other materials in accordance with regulations, timely and comprehensively and accurately transmit medical security related data through the medical security information system, report required information to the medical security administrative department, and disclose medical expenses, Information such as cost structure is subject to social supervision
    .


    Article 41 Pharmaceutical companies, medical institutions and their staff are prohibited from giving or receiving kickbacks or seeking other illegitimate benefits during the purchase and sale of drugs and medical consumables
    .


    Administrative departments such as medical security, medical security agencies, medical insurance premium collection departments, designated medical institutions and their staff shall not accept bribes or obtain other illegal income
    .


    Chapter V Public Management Services


    Article 42 The state establishes and completes a unified national medical security handling management system
    .
    Coordinate the establishment of medical security agencies in regions, and set up branches and service outlets according to work needs, strengthen the allocation of medical security public management service capabilities, and realize all provinces, cities, counties, towns (subdistricts), and villages (communities) medical security public services Covered
    .


    The expenses required for the provision of public services for medical security shall be guaranteed by the finance at the same level in accordance with national regulations
    .


    Article 43: A medical security agency that provides medical security agency services shall establish and improve business, financial, security and risk management systems, and be responsible for insurance registration, personal rights and interests records, medical insurance relationship transfer and continuation processing, agreement management, and expense monitoring , Fund appropriation, treatment review and payment, handling audits, off-site medical treatment and medical expenses settlement management
    .


    Article 44 The medical security agency shall promptly establish files for the insured units and individuals, complete and accurately register the information of the insured persons, and record the rights and interests of individuals enjoying medical security benefits
    .


    The medical insurance premium collection department shall collect medical insurance premiums in accordance with relevant state regulations, complete and accurately record the payment information of the insured persons, etc.
    , and report to the medical security agency in a timely manner
    .


    Medical security agencies and medical insurance premium collection departments obtain data required for medical security work through business management, fee collection, statistics, and surveys.
    Relevant units and individuals shall provide timely and truthful data
    .


    Employers have the right to inquire about their payment records, and insured persons have the right to inquire about personal rights and interests records, and require medical insurance agencies to provide medical insurance consultation and other related services
    .
    Individuals have the right to supervise the payment status of their units
    .


    Article 45 The designated medical institutions and medical security agencies shall perform service agreements
    .
    The medical security agency shall manage, supervise and evaluate the implementation of the service agreement of the medical institution
    .


    The medical security administrative department shall supervise the conclusion and performance of service agreements
    .


    If the designated medical institution violates the service agreement, the medical security agency will deal with it in accordance with the service agreement, including interviews with relevant responsible personnel, suspension or non-appropriation of payment fees, recovery of violation fees, and requesting the designated medical institution to pay for breach of contract in accordance with the service agreement Suspend the medical services used by the relevant responsible personnel or the department involved in the medical security fund until the service agreement is terminated; the designated medical institution and its relevant responsible personnel have the right to make statements and defenses
    .


    If the medical security agency violates the service agreement, the designated medical agency has the right to request correction or request the medical security administrative department to coordinate processing and urge rectification, and may also apply for administrative reconsideration or file an administrative lawsuit in accordance with the law
    .


    Article 46 The State scientifically and reasonably determines the payment standards and payment methods of the medical security fund, guides designated medical institutions to make reasonable diagnosis and treatment, promotes the orderly flow of patients, and improves the efficiency of the use of the medical security fund
    .


    The medical security agency shall promptly settle and allocate the medical security fund with the designated medical institution in accordance with the provisions of the service agreement
    .


    The medical security authorities at all levels should improve the direct settlement system for medical treatment in different places, and timely prepay and clear the settlement funds for medical treatment in different places, so as to facilitate the insured persons to enjoy medical protection treatment
    .


    Article 47: The state establishes a unified national medical security information system, promotes effective data sharing and utilization, implements real-time dynamic intelligent monitoring of big data, regulates data management and application rights, and protects information and data security
    .
    The relevant information system of the designated medical institution shall be connected with the medical security information system
    .


    Article 48 The medical security administrative department shall promote the modern management of medical security public management services, actively introduce qualified social forces to participate in the service, and establish a medical insurance governance pattern of joint construction, governance and sharing
    .
    Standardize and strengthen cooperation with commercial insurance companies and social organizations, and improve incentive and restraint mechanisms
    .


    Chapter VI Supervision and Administration


    Article 49 The standing committees of the people’s congresses at all levels listen to and review special work reports of the people’s governments at the same level on the income and expenditure, management, investment operation, supervision and inspection of the medical security fund, and organize law enforcement inspections on the implementation of this law, etc.
    Exercising supervisory powers in accordance with the law
    .


    Article 50 The medical security administrative department of the people's government at or above the county level shall strengthen supervision and inspection of the compliance of relevant units and individuals with medical security laws and regulations
    .


    The medical security administrative department shall strengthen the supervision of medical service behaviors and medical expenses that are included in the payment scope of the medical security fund, regulate medical service behaviors, and investigate and deal with illegal use of the medical security fund in accordance with the law
    .
    The medical security administrative department shall establish and improve a medical security credit evaluation system for designated medical institutions, personnel, medical prices, and centralized bidding and procurement, and manage it according to the level of credit evaluation
    .


    When the medical security administrative department conducts supervision and inspection, the units and individuals inspected shall truthfully provide materials related to medical security, and shall not refuse the inspection or make false or concealed reports
    .


    Article 51 The medical security administrative department shall conduct supervision and inspection in accordance with the law and find that there are problems, it shall put forward rectification suggestions, make a handling decision in accordance with the law, or transfer it to the relevant administrative department for handling
    .
    The results of inspections should be regularly announced to the public
    .


    The medical security administrative department has the right to take the following measures to implement supervision and inspection:


    (1) Consult, record, copy and supervise and inspect relevant materials;


    (2) Use information technology to carry out real-time monitoring and retrieve data from relevant information systems;


    (3) Seal up or seize materials that may be transferred, concealed, or lost, or that there is preliminary evidence to prove that they may be transferred, concealed, or lost;


    (4) Inquiring about units and individuals related to the investigation items, requesting them to explain the issues related to the investigation items and provide relevant supporting materials;


    (5) Hiring qualified accounting firms and other third-party institutions and professionals to assist in the inspection;


    (6) To stop the concealment, transfer, embezzlement, or misappropriation of the medical security fund and order it to be corrected;


    (7) Other measures that can be taken according to law
    .


    Article 52: Administrative departments such as medical security, medical security handling agencies, medical insurance premium collection agencies, medical institutions, information system developers, and other institutions and their staff shall not share state secrets and work secrets obtained or known in their work.
    , The data or related information of the subject under investigation is used for purposes other than supervision and management, and shall not be disclosed, tampered with, destroyed, or illegally provided to others the personal information and business secrets of the party concerned
    .


    Article 53 If an employer or individual believes that the medical insurance premium collection department has infringed on its lawful rights and interests, it may apply for administrative reconsideration or file an administrative lawsuit in accordance with the law
    .


    Employers or individuals may apply for administrative reconsideration or file an administrative lawsuit against medical security agencies that fail to register for insurance, pay medical security benefits, or infringe other medical security rights and interests in accordance with the law
    .


    Pharmaceutical companies that fail to implement established transaction rules and standards against provincial-level centralized procurement agencies, or abuse centralized procurement powers, can file a complaint with the medical security administrative department
    .


    Pharmaceutical companies may apply for arbitration and file a lawsuit in accordance with the law for non-payment of drugs and medical consumables in a timely manner as agreed in the purchase and sale agreement
    .


    Article 54 Any organization or individual has the right to report and complain about violations of the medical security fund
    .


    The medical security administrative department shall unblock the reporting and complaint channels, deal with the related reports and complaints in a timely manner in accordance with the law, and keep the informant's information confidential
    .
    For reports verified to be true, the reporter will be rewarded in accordance with relevant state regulations
    .


    Chapter VII Legal Liability


    Article 55 If the medical insurance premium collection department arbitrarily changes the base and rate of medical insurance premium payment, resulting in an underpayment or overcharge of medical insurance premiums, the relevant administrative department shall order it to recover the medical insurance premiums that should be paid or return the medical insurance premiums that should not be paid.
    Medical insurance premiums; the directly responsible persons in charge and other directly responsible persons shall be punished according to law
    .


    Article 56 Anyone who infringes on the provisions of this law by embezzling or embezzling the medical security fund shall be ordered by the medical security and other administrative departments to recover; if there are illegal gains, the illegal gains shall be confiscated; the directly responsible persons in charge and other directly responsible persons shall be granted according to law Sanction
    .


    Article 57: If a centralized procurement agency has any of the following circumstances, the medical security administrative department shall order it to make corrections, and the directly responsible persons in charge and other directly responsible persons shall be punished according to law; if the medical security fund is lost, it shall be ordered to be returned; otherwise it is violated.
    In case of laws and administrative regulations, the relevant competent departments shall impose penalties according to law:


    (1) Failing to implement transaction rules and standards such as listing and withdrawal of the centralized procurement platform;


    (2) Abusing the power of centralized procurement, restricting market competition or causing unfair competition;


    (3) Seeking illegitimate benefits in the process of centralized procurement;


    (4) Other illegal acts in the centralized procurement process
    .


    Article 58: Pharmaceutical enterprises in any of the following circumstances shall be ordered by the medical security administrative department to make corrections and confiscate their illegal income; if the bid is won, the bid won is invalid, and a fine of 5‰ to 10‰ of the amount of the winning project shall be imposed; the legal representative, The main person in charge, the directly responsible person in charge and other responsible persons shall impose a fine of 5% or more and less than 10% of the fine of the unit; if the circumstances are serious, restrict or suspend the qualification of relevant pharmaceutical companies or relevant drugs and medical consumables to participate in centralized procurement and be given Announcement; Violation of other laws and administrative regulations shall be punished by the relevant competent department according to law:


    (1) Bidding at a price lower than the cost, or bidding through fraud, bid collusion, abuse of market dominance, etc.
    ;


    (2) Offering bribes to medical security agencies, centralized procurement agencies, designated medical institutions and their staff;


    (3) After winning the bid, waive the qualification for selection without proper reason, fail to sign the purchase and sale agreement in time, fail to fulfill the supply promise, fail to supply the goods in accordance with the agreement and relevant laws and regulations;


    (4) Other illegal acts in the bidding process
    .


    Article 59: If a medical security agency fails to establish a sound internal management system and fails to perform its statutory duties, the medical security administrative department shall order it to make corrections, and the directly responsible persons in charge and other directly responsible persons shall be punished according to law
    .


    Article 60: Where the staff of the medical security agency defrauds the medical security fund expenditure, the medical security administrative department shall order the refund and impose a fine of more than 2 times and less than 5 times the amount defrauded.
    The directly responsible persons in charge and other directly responsible persons shall be imposed in accordance with the law.
    Give sanctions
    .


    Article 61: If a designated medical institution has failed to establish an internal management system for the medical security fund, or fails to interface with the medical security information system in accordance with regulations, the medical security administrative department shall order corrections and may interview the relevant person in charge; refuse Those who make corrections shall be fined not less than 10,000 yuan but not more than 50,000 yuan; violations of other laws and administrative regulations shall be dealt with in accordance with the law by the relevant competent authorities
    .


    Article 62: If a designated medical institution has irregular use of the medical security fund, the medical security administrative department shall order it to make corrections and may interview the relevant person in charge; if the medical security fund is lost, it shall be ordered to be returned, and the amount of the loss caused shall be doubled A fine of 2 times the above; if it refuses to make corrections or causes serious consequences, the designated medical institution shall be ordered to suspend the medical services used by the medical security fund for 6 months to 1 year by the relevant responsible department; for violations of other laws and administrative regulations, the relevant The competent department shall deal with it according to law
    .


    Article 63: Where designated medical institutions and their staff defraud medical security fund expenditures, the medical security administrative department shall order the refund and impose a fine of more than 2 times and less than 5 times the amount defrauded; order the designated medical institutions to suspend relevant responsible departments for 6 months The above one year or less involves medical services used by the medical security fund until the service agreement is terminated by the medical security agency; if there is a qualification, the relevant competent authority shall revoke the qualification in accordance with the law
    .


    Article 64 If a designated medical institution violates the provisions of this law and causes major losses to the medical security fund or other serious adverse social impacts, the medical security administrative department shall deal with its legal representative or main person in charge to obtain income from the unit in the previous year A fine of not less than 50% but not more than one time, and the management of designated medical institutions is prohibited within 5 years, and the relevant departments shall impose sanctions in accordance with law
    .


    Article 65: Where an individual commits acts such as handing over his medical security certificate to others for false use, re-enjoying medical insurance benefits, etc.
    , the medical security administrative department shall order correction; if it causes loss of medical security fund, it shall be ordered to return; if it belongs to the insured person , Suspend its online settlement of medical expenses for 3 months to 12 months
    .


    Where an individual defrauds the expenditure of the medical security fund, in addition to processing in accordance with the provisions of the preceding paragraph, the medical security administrative department shall also impose a fine of two to five times the amount defrauded
    .


    Article 66: Administrative departments such as medical security, medical security handling agencies, medical insurance premium collection agencies, medical institutions, information system developers and other institutions and their staff shall disclose, tamper with, damage, or illegally provide state secrets to others, For work secrets, personal information, or business secrets, the directly responsible person in charge and other directly responsible persons shall be punished according to law; violations of other laws and administrative regulations shall be dealt with by the relevant competent department according to law
    .


    Article 67: State functionaries who abuse their powers, neglect their duties, or engage in malpractice for personal gains in medical security work shall be punished in accordance with the law
    .


    Article 68 Anyone who violates the provisions of this law and constitutes a crime shall be investigated for criminal responsibility in accordance with the law
    .


    Anyone who violates the provisions of this law and causes losses to relevant entities or individuals shall be liable for compensation in accordance with the law
    .


    Chapter 8 Supplementary Provisions


    Article 69: The specific measures for participating in medical insurance for foreigners of the People's Republic of China who are employed, live, or study in the territory shall be implemented in accordance with the relevant regulations of the state
    .


    Article 70 This law shall come into force on the day of the year
    .

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