This top three chief physician was "planted" because of a "black technology"!

Author｜Xu Yucai

On June 15, the website of the Sichuan Provincial Commission for Discipline Inspection and Supervision published a program called "Eradicating "Music Tumors" in the Field of Health and Health" played by the "Incorruptible Sichuan" column

After investigation, from September 2014 to September 2018, Feng Moulong accepted the request of a sales representative of a medical device company to use the consumables sold by the company in the operation, and according to 30% of the price of the consumables or a fixed price, several times Receive rebates from the company

It is understood that although Feng Moulong changed his job in a tertiary hospital, he was still held criminally responsible for his violations during his stay at Sichuan Provincial People's Hospital

In the end, Feng Moulong was sentenced to three years imprisonment and four years probation for committing bribery crimes of non-state employees

Obviously, Feng Moulong himself did not expect that his usual medical behavior would enter the "legal eye" of the regulatory authorities and would fall on the "three medical supervision" platform

So what kind of platform is Sichuan's "Three Medical Supervision" platform? Why is Feng Moulong’s acceptance of bribes convicted of bribery by non-state employees? In terms of discovering clues about bribery of medical staff, besides the supervision of the three medical practitioners, what other channels are there? Today I will chat with you all

What is the "three medical supervision" platform?

On September 12, 2020, at the National Deepening of Medical Reform Experience Promotion and China Health Development Summit, He Yanzheng, the director of the Sichuan Provincial Health and Health Commission, presented with "Using Modern Information Technology to Accurately Promote Medical Supervision-Exploration and Practice of Sichuan Medical "Three Supervisions"" The speech on the topic has aroused the resonance of colleagues across the country

It is reported that in 2016, Sichuan Province started to carry out the informatization supervision of medical institutions, medical staff, and medical behaviors (referred to as the medical "three supervisions")

Medical supervision is more of the independent supervision of quality control within the hospital.

However, although the idea is good, it is still difficult to do it in detail

In January 2017, the medical "three supervision" platform was first connected to 32 large medical institutions such as West China Hospital of Sichuan University and Provincial People's Hospital for trial operation, including two private medical institutions

In December 2018, in accordance with the principle of "unified standards, provincial and municipal deployment, and hierarchical supervision", the medical "three supervision" platform was expanded and upgraded, and the municipal supervision platform was launched and sunk

As for how to supervise? "The platform comprehensively utilizes platform data such as the hospital information management system, the direct reporting system of medical records homepage, the medical and health statistics system, the medical institution and the electronic registration system of medical personnel, etc.

The platform has set up 36 regulatory indicators in six categories, including qualifications, medical safety, service quality, resource efficiency, cost control, and traditional Chinese medicine services.

The medical "three supervision" platform continuously has data from medical institutions every day

"From the more than 460,000 problem clues screened by provincial supervision over the past few years, most of them are the use of drugs, the use of consumables, and the irregular writing of medical records

After investigation, it was found that the hospital had difficulty in controlling infections due to some elderly people.
The doctors empirically selected two antibacterial drugs in combination or directly used special-use antibacterial drugs for anti-infection treatment.
At the same time, there were also flaws in the writing of medical records, especially surgeons.
Make a detailed record of the basis for drug selection
.

Subsequently, the hospital strengthened training in the rational selection of antimicrobials and standardized medication in clinical departments during the rectification, so that each department pays more attention to finding pathogenic evidence before using antimicrobials, and standard records of patient symptoms, signs, etiological results and other auxiliary examinations in the writing of medical records , Pay more attention to the changes of symptoms and signs and the results of dynamic review of etiology during medication
.

The Provincial Health Commission has also established a full-process, closed-loop work mechanism for data collection, data analysis, institutional self-examination, verification and identification, appeal review, and accountability, and it conducts problem clues verification and processing in a “daily collection, monthly investigation and punishment” method
.

Over the past three years, the provincial supervision alone has collected more than 6.
466 billion analysis data, screened 463,100 problem clues, and medical institutions self-examined and corrected more than 42,800 irregular medical behaviors, and the problem clues and verified problems decreased by 99.
58% respectively.
And 91.
56%, the proportion of medicines, the use rate of antibacterial drugs and the cost of 100 yuan revenue and consumables decreased by 4.
69, 6.
29 percentage points and 2.
32 yuan respectively
.
Behaviors such as "big prescriptions", "indiscriminate inspections", and "extensive consumables" have been significantly reduced, and the effectiveness of supervision has initially appeared
.

Of course, the role of the medical "three supervision" platform is mainly to discover problems in time, improve deficiencies, and improve medical service behavior.
There are still very few cases of suspected bribery crimes such as Dr.
Feng Moulong, but through the "three supervisions" It can indeed play a "warning" and "deterring" role
.

Medical staff are not state workers

According to the provisions of Article 385 of the Criminal Law of the People's Republic of China, the crime of accepting bribes refers to the behavior of state functionaries who take advantage of their positions to solicit property from others, or illegally accept property from others in order to seek benefits for others
.
It can be seen that the subject of the crime of accepting bribes is a state employee, and Feng Moulong, as a medical employee, does not belong to a state employee
.

However, with the development of China's socialist market economy, more bribery and acceptance of bribes in the course of economic exchanges are not among state officials
.
On November 5, 2007, the Supreme People’s Court and the Supreme People’s Procuratorate jointly promulgated supplementary provisions in the Criminal Law to determine crimes
.
The “Supplementary Regulations” stated that the crime of “crime of accepting bribes by company and enterprise personnel” was cancelled and replaced by the crime of “crime of accepting bribes by non-state employees”
.
The "crime of bribery to non-state personnel" replaced the "crime of bribery to employees of companies and enterprises
.
" And it was decided that the adjusted new charges will come into effect on November 6, 2007
.

According to Article 163 of the Criminal Law of the People’s Republic of China, the crime of accepting bribes by non-state employees means that employees of companies, enterprises, or other units use the convenience of their positions to request or illegally accept other people’s properties.
The act of seeking benefits for others with a relatively large amount
.

Here, "personnel of other units" includes staff of non-state-owned institutions or other organizations, such as those engaged in organizational leadership, supervision, and management responsibilities of units such as education, scientific research, medical care, sports, and publishing
.
It obviously includes medical staff
.

And it is very important to distinguish between the crime of bribery and non-criminal behavior of non-state staff
.

First, the bribery is considered to be a crime of accepting bribes when the amount of bribes is large or huge
.
According to the provisions of Article 163 of the Criminal Law, the crime of accepting bribes for employees of companies, enterprises, and other units must be those with a large amount of bribes, and those with less than a large amount shall be dealt with as general acts of bribery
.

The specific limit of the larger amount is based on Article 10 of the Notice of the Supreme People’s Procuratorate and the Ministry of Public Security on the issuance of the "Regulations on Prosecution Standards for Economic Crimes (2)": Article 3)] The staff of companies, enterprises or other units use the convenience of their positions to solicit other people’s property or illegally accept others’ properties to seek benefits for others, or use the convenience of their positions in economic exchanges to violate national regulations and accept All kinds of rebates and handling fees in various names belong to the individual, and if the amount is more than 5,000 yuan, a case shall be filed for prosecution
.

In March 2016, the Judicial Committee of the Supreme People’s Court and the Twelfth Procuratorial Committee of the Supreme People’s Procuratorate issued new regulations on the starting point for the “larger amount” of bribery crimes of non-state employees, and clearly defined the relevant provisions of the bribery crimes in accordance with this interpretation.
The corresponding amount will be twice and five times the stipulated amount
.

Article 1: "If the amount of corruption or bribery is more than 30,000 yuan but less than 200,000 yuan, it shall be deemed to be a "larger amount" as stipulated in the first paragraph of Article 383 of the Criminal Law, and shall be sentenced to fixed-term imprisonment of not more than three years according to law Or criminal detention and fined
.
” Article 2: “If the amount of embezzlement or bribery is more than 200,000 yuan but less than 3 million yuan, it shall be deemed as “a huge amount” as stipulated in the first paragraph of Article 383 of the Criminal Law.
, Sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and fined or confiscated property
.
"

To sum up, the current latest judicial interpretations on the acceptance of bribes by non-state staff have a standard of more than 60,000 yuan (a larger amount), and more than 1 million yuan is a huge amount
.
And this provision will come into effect on April 18, 2016
.

The second is to distinguish between the crime of bribery and legal behavior of personnel in companies, enterprises, and other units.
The key is to see whether the property obtained by the perpetrator is obtained by using the convenience of his position for the benefit of others
.

If employees of companies, enterprises, and other units obtain reasonable remuneration through their own labor within the scope permitted by laws and policies, it does not belong to taking advantage of their position to accept bribes, and therefore is a legal act rather than a crime
.

At the same time, employees of companies, enterprises, and other units that accept general courtesy gifts from relatives and friends without taking advantage of their positions to seek benefits for relatives and friends do not constitute the crime of bribery by employees of companies, enterprises, or other units
.

The third is to distinguish between the bribery crimes and legitimate business behaviors of companies, enterprises, and other units characterized by the receipt of kickbacks and handling fees
.
In normal market transactions, obtaining discounts and commissions in compliance with the provisions of the "People’s Republic of China Anti-Unfair Competition Law" is a legitimate business activity; and in violation of national regulations, receiving various nominal rebates and handling fees, which are owned by individuals, It should be determined as the crime of bribery by employees of companies, enterprises, and other units
.

For the sentencing of bribery, Article 163 of China’s Criminal Law stipulates that persons who commit bribery in companies, enterprises, or other units shall be sentenced to fixed-term imprisonment of not more than 5 years or criminal detention if the amount of bribes is large; Fixed-term imprisonment and confiscation of property may be concurrently imposed
.

In addition to the three medical supervision platform, for medical staff, the current supervision is stricter and there are many ways and methods.
Once they are "targeted", they are streaking in the eyes of the supervisory department.
Therefore, it is very important to practice medicine legally and compliantly
.