Advanced Search

Hangzhou City Basic Medical Security Violation Approach

Original Language Title: 杭州市基本医疗保障违规行为处理办法

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

Means of treatment of basic medical safeguards in the State of Alejan

(Conducted from the date of publication of the Order No. 267 of 7 November 2011))

Article 1 establishes this approach in conjunction with the provisions of the Law on Social Insurance of the People's Republic of China, the Labour Guarantee Monitoring Regulations, in order to guarantee the security of the Basic Medical Guarantee Fund and to preserve the legitimate rights and interests of basic health-care providers.

Article 2

The basic medical safeguards described in this approach refer to basic health insurance coverage for all integrated areas within the city's administration, basic health insurance for urban and rural residents, and medical difficulties.

The scheme referred to the Basic Medical Guarantee Fund, including the Basic Medical Insurance Fund, the Fund for Major Diseases, the Medical Vulnerability Fund and the Basic Medical Insurance Adjustment Fund.

Article 3. The municipal social security administration is responsible for the management of basic medical safeguards in this city. The social security administration is responsible for the management of basic medical safeguards in this integrated area.

The basic health insurance agencies are specifically responsible for the day-to-day management of basic medical safeguards in this integrated area and, in accordance with the basic health insurance services agreement, are monitoring the basic medical security services of the targeted medical institutions, the terminal retail pharmacies.

The executive branch, such as health, civil affairs, finance, tax, prices, food medicine, education, business and public safety, is in line with their respective responsibilities to cooperate with the implementation of this approach.

Article IV shall conduct basic health insurance for the employees of this unit, in accordance with the provisions of the Social Insurance Act of the People's Republic of China, the provisional regulations for social insurance payments, the scheme for social insurance payments in the State of the State of State, and pay basic medical insurance expenses.

The user unit shall not give false labour relations certificates or false financial statements to assist persons who do not meet the security conditions in the basic health insurance of the worker or in the use of basic medical safeguards.

The user units shall not be forged, altered, couriered medical instruments, medical tickets or other supporting material to deceive the expenditure of the Basic Medical Guarantee Fund.

Article 5 When the insured person is to purchase a medicine by a targeted medical institution for medical treatment or for a customary retail pharmacies, the basic medical certificate of the person should be presented (C.).

The insured person shall not have the following acts:

(i) Remove the basic medical security certificate (C) from another person or transfer the basic medical security treatment of himself to another person for the purpose of the settlement of the basic medical safeguards;

(ii) Fellowing or taking advantage of the basic medical safety certificate of another person (C) for treatment of basic medical safeguards;

(iii) To deceive access to basic medical safeguards through, inter alia, counterfeiting, transforming, rehabilitating medical instruments, medical bills;

(iv) Exclusive or duplicate the acquisition of medicines, medical equipment or medical material, and deceived the expenditure of the Basic Medical Guarantee Fund;

(v) Removal of medicines, medical equipment, medical material or medical treatment projects that are subject to basic medical safeguards, and deceived basic medical safeguards fund expenditures;

(vi) Other violations of the basic medical safeguards system which criminalizes expenditures incurred by the Basic Medical Guarantee Fund.

Persons who do not meet the conditions of attendance shall not be allowed to participate in the basic medical guarantees that are carried out by the basic health insurance agencies in the city in the form of the provision of false evidence, to deceive basic medical guarantees; non-partisans may not take the basic medical security certificate (C) of the other person or to falsify the basic medical security certificate (C).

In the case of a medical institution, the basic medical safety certificate (C) of the basic medical security of the insured person should be inspected (C) and the medical records are available on the basis of the needs of the disease, the identification of treatment programmes, and the issuance of the medical treatment in accordance with the management provisions of the prescription and the recording of the treatment.

In the case of the sale of pharmacies, basic medical safeguards for the insured person should be inspected (C) in order to obtain a medical record that the sale of non-conventional medicines is required in accordance with the condition of the disease or the distribution of medicines by the prescription medical establishment and the documentation of the medical calendar.

Article 7

(i) The provision of unnecessary medical services, such as repetitive walls, repetitive or non-recruitive tests, inspections, treatment, separation or inpatient hospitalization, and the payment of basic medical safeguards;

(ii) In violation of the basic medical safeguards system, the costs incurred by the basic medical safeguards fund for medical treatment projects, medical services facilities, other than the scope of the agreed service, are included in the cost-of-funding of basic medical safeguards;

(iii) In violation of the scope of essential health insurance or the use of drug-specific provisions to address the cost of basic medical safeguards by means of ultra-use medicines, repetitive medicines, non-implementation of drugs, or by distributing, changing prescriptions, etc.;

(iv) The payment rate in violation of the basic medical safeguards system is payable;

(v) The cost of basic medical safeguards exceeding the required medical treatment projects, medicines, medical equipment, medical material prices;

(vi) Failing, transforming, rehabilitating medical instruments or providing false medical expenses settlement statements, vouchers and deceiving basic medical safeguards fund expenditures;

(vii) The use of non-pharmacical items such as living supplies, health feeds as medicines, medical equipment, medical material or medical projects in the context of the settlement of basic medical safeguards;

(viii) Private access to basic health safety information systems from non-scheduled medical institutions, non-sidental retail shops to deceive basic medical safeguards fund expenditures;

(ix) Other ways to deceive the expenditure of the Basic Medical Guarantee Fund.

Article 8. Restructuring medical institutions, targeted retail pharmacies should establish a information management system consistent with the operation requirements of the basic health insurance system, in line with the provisions of the basic health insurance service agreement, and provide information management for pharmaceuticals, medical equipment, medical material, and information-management, in connection with the basic medical safety information system, to preserve and disseminate information in accordance with the agreement.

Article 9. The basic health insurance agency shall transfer basic medical guarantees to the personal accounts of the insured person and the related funds or fund accounts in accordance with the provisions to pay medical expenses in a timely manner to the targeted medical institution, the targeted retail pharmacies.

The basic health insurance institutions and their staff shall not have the following acts:

(i) Exemptive relief or failure to write-offs and basic medical guarantees to be paid by the owner's units and the insured person in accordance with the prescribed procedures;

(ii) Reimbursement of basic medical safeguards standards or non-application of the payment standards of the basic medical safeguards fund;

(iii) Disclosure of personal information from public service units and insured persons;

(iv) Use of office and work to facilitate private gain;

(v) Other violations of basic medical safeguards laws, regulations.

The basic health insurance agency and its staff shall not be charged with the expenditure of the basic health insurance fund by fraud, by falsification of material or by other means.

Article 10, paragraph 2, of this approach, is subject to a fine of up to $50 million, in violation of article IV, paragraph 2, of the scheme; in violation of article 4, paragraph 3, of the scheme, to deceive expenditures incurred by the Basic Medical Guarantee Fund, which is transferred by the Social Insurance Administration to the payment of the basic medical safeguards fund, which is subject to a fine of up to five times the amount.

Article 11, in violation of article 5, paragraph 2 (i), of this scheme, is fined by the Social Insurance Administration for more than 500,000 dollars, resulting in the loss of the Basic Medical Guarantee Fund and recovers expenditures from the Basic Medical Guarantee Fund by the Agency.

In violation of article 5, paragraph 2 (ii), subparagraph (iii), subparagraph (iv), subparagraph (v), subparagraph (vi) and paragraph 3 of this scheme, the expenditures of the Basic Medical Guarantee Fund, which was transferred by the Social Insurance Administration Order, are subject to a fine of up to five times the amount.

The occupants are suspected to be in violation of article 5 of this approach, during the investigation and processing period, the basic health insurance agencies may change their manner of payment for basic medical safety.

Article 12. In violation of article 6 of this scheme, the loss of the Basic Medical Guarantee Fund was incurred by the basic health insurance agency to recover expenditures from the Basic Medical Guarantee Fund and fined by the Social Insurance Administration of $50 million.

Article 13, subparagraphs (i), (ii), (iii), (iv) and (v) of article 7 of this scheme, is subject to a fine of up to $50 million, resulting in losses of the Basic Medical Guarantee Fund, recovering expenditures from the Basic Medical Guarantee Fund by the basic health insurance agency and holding corresponding responsibilities in accordance with the provisions of the basic health insurance service agreement.

In violation of article 7, subparagraph (vi), subparagraph (vii), subparagraph (vi), subparagraph (vi), subparagraph (ix), subparagraph (ix), (ix) of this scheme, the expenditure of the Basic Medical Guarantee Fund was charged by the Social Security Administration's duty orders to return to the basic medical security fund, with a fine of more than five times, and the basic health insurance agencies should lift their basic health insurance service agreements with them, and the social insurance administration should repeal their mandatory medical institutions, the eligibility of the targeted retail store.

The targeted medical institutions, the customary retail shops are suspected to be in violation of article 7 of the scheme, and during the investigation, the basic health insurance agency may suspend the payment of medical expenses.

Article 14. In violation of article 8 of this scheme, the establishment of a information management system under the basic health insurance services agreement shall be carried out by the basic health insurance agencies, the customary medical institutions, the terminal retail pharmacies without the provision for the maintenance, transmission of medicines, medical equipment, medical equipment, medical material information, and shall be fined by the social insurance administration for more than 500 dollars.

Article 15. In violation of article 9, paragraph 1, paragraph 2, of this scheme, the period of time being converted by the Social Insurance Administration to the extent that the direct responsible manager and other direct responsibilities are lawfully disposed of by law; the loss of the Basic Medical Guarantee Fund, the payment of the basic medical guarantees or the recovery of the payments of the basic medical safeguards fund; the liability under the law for the loss of the user units, targeted medical institutions, fixed-point retail pharmacies, uniformed personnel.

In violation of article 9, paragraph 3, of this scheme, the expenditure of the Basic Medical Guarantee Fund, which is transferred by the Social Insurance Administration, is subject to a fine of more than five times the amount.

Article 16 refers to the expenditure of the Basic Medical Guarantee Fund by targeted medical institutions, targeted retail pharmacies, basic health insurance agencies and their staff, uniformed personnel and other personnel, suspected of having committed crimes, the social security administration should be transferred to the judiciary in a timely manner and be criminalized in accordance with the law; the targeted medical institutions, the terminal retail pharmacies and their staff are subject to regulatory conduct in the course of the implementation of the basic medical safeguards system, and the basic health insurance agencies or the social insurance administration should be transferred to the competent administration.

Article 17, in addition to the present city's administrative region, is in violation of the provisions of this scheme by targeted medical institutions that have concluded basic health insurance services agreements with the basic health insurance agencies of the city, the firm retail pharmacies, which may suspend the payment of medical expenses, and the social insurance administration transferred to the place of social insurance in the integrated area is governed by the law.

Article 18. The social security administration should be rewarded and kept confidential by units or individuals who report the facts and provide the main lines and evidence for the significant violations.

Article 19 is implemented since the date of publication. The treatment of basic medical safeguards in the State of Démocratique (No. 241 of the Order of the People's Government of the State of Alejane) was also repealed on 1 February 2008.