Legal analysis
The Health Law provides detailed regulations on promoting the development of primary health care from four aspects: the allocation of medical institutions, the sinking of graded diagnosis and treatment medical services, the construction of medical and health personnel, and the protection of remote and poor areas. The basic policy of "strengthening the grassroots" responds to the legislative purpose of implementing the healthy China strategy. The focus or highlight of the whole law is to protect the basics, strengthen the grassroots, promote health and promote reform. The health law clearly stipulates that medical and health undertakings should adhere to the principle of public welfare; The state provides basic public health services free of charge; The medical and health service system insists on non-profit medical and health institutions as the main body and profit-making medical institutions as the supplement. The government holds non-profit medical and health institutions, plays a leading role in basic medical and health undertakings, and ensures that basic medical and health services are fair and accessible. The Health Law continues to reiterate the policy of "encouraging social forces to establish medical institutions according to law", and clearly stipulates that medical and health institutions established by social forces enjoy the same rights as medical and health institutions established by the government in terms of basic medical insurance, key specialty construction, scientific research and teaching, rating, access to specific medical technologies, and professional title evaluation of medical and health personnel. Social forces can choose to set up non-profit or for-profit medical and health institutions. Non-profit medical and health institutions run by social forces enjoy the same preferential policies as medical and health institutions run by the government in taxation, financial subsidies, land use, water use, electricity use, gas use and heat use, and accept supervision and management according to law. The above provisions are the new contents of the fourth draft of the Health Law. Combined with the provisions of the Health Law that "the state encourages government-run medical and health institutions to cooperate with social forces to establish non-profit medical and health institutions", it shows the basic attitude of the state to encourage social capital to develop non-profit medical and health institutions while maintaining the public welfare and independence of medical and health institutions.
legal ground
Article 110 People's Republic of China (PRC) Basic Medical Care and Health Promotion Law This law shall come into force as of June 6, 2020.