2, the township (street) after receiving the complaint to conduct a preliminary investigation, to understand the specific situation of the complainant, reported to the county (city, district) epidemic prevention office;
3, county (city, district) epidemic prevention office further investigation and verification, it is really necessary to transcode the report to the municipal epidemic prevention office;
4, the city epidemic prevention and control office after the summary of the provincial health code decoding management class transcoding.
Call 12345 to make a complaint, and find "yellow code complaint" in the health code application launched by this province and city to make a complaint.
The development and application of personal information "health code" is an important innovation in the field of "digital anti-epidemic" in COVID-19. The rules of health code assignment are mainly formulated by provincial administrative units, but the competent units are different in different provinces. For example, the competent unit of "Health Treasure" in Beijing is Beijing Economic and Information Administration Bureau; The competent unit of "Su Kang Code" in Jiangsu Province is Jiangsu Provincial Center for Disease Control and Prevention; The competent department of health coding in Hunan Province is the Hunan Provincial Health and Wellness Committee; The competent units of Liaoshitong in Liaoning Province are Liaoning Business Environment Construction Bureau and Provincial Information Center.
Health code is a personal two-dimensional code based on actual real data, which is generated by citizens or people who have returned to work on their own online declaration and background audit. As an individual entering and leaving electronic certificate locally, the QR code can be declared once, which is universal in the whole city. [1] The introduction of health code aims to make the return to work more accurate, scientific and orderly [2].
On June 5438+February 10, 2020, National Health Commission, the National Medical Insurance Bureau and state administration of traditional chinese medicine jointly issued the Notice on Further Promoting the "Five Ones" Service Action of "Internet+Medical Health", explicitly requiring all localities to implement the national mutual recognition of "health codes" and communicate one code. [3]
200211The National Development and Reform Commission, together with several departments, issued "Opinions on Doing a Good Job in 20021Spring Festival travel rush and Strengthening the Prevention and Control of the Epidemic Situation in Spring Festival travel rush", requiring Spring Festival travel rush to popularize "health codes" throughout the country during the rush to avoid gathering due to scanning codes [4]. National Mutual Recognition of Health Codes during 20021Spring Festival travel rush. Adding "code" to "code" is an example, which is quite special. If there is a real reason that it cannot be mutually recognized with other regions for the time being, it should be reported first [5]. On March 23, the National Health and Wellness Committee introduced at the press conference that the country has basically realized the "one code pass" of health coding [27]. On March 30th, the national government service platform "Epidemic Prevention Health Code" has integrated the relevant information of "Traffic Big Data Travel Card", which can display the travel information of users and whether they have been to medium and high risk areas. In the health code, and help the health code to "connect with a code" [28]. On April 6, when introducing the results of the meeting between Chinese and South Korean foreign ministers, Foreign Ministry Spokesperson Zhao said that the two sides supported the inclusion of citizens of the other country in the scope of vaccination and the establishment of a mutual recognition mechanism for health codes through consultation.
First, at the national level.
The State Council has issued relevant regulations, but the level is very low, which belongs to the normative documents of the State Council. The contents are generally mutual recognition of health codes and establishment of health code database.
The Health and Health Commission has also issued relevant regulations, which are still at a low level and belong to departmental normative documents. The content is roughly to improve the "green code" judgment standard and "red code" exit mechanism of health passwords and improve the accuracy of health passwords.
Summary: There are no laws, administrative regulations, rules and normative documents on the application, application and management of health codes at the national level.
Second, the local level.
There are many local laws and regulations. Let's summarize them first: 1. Local regulations are limited to local normative documents, and the level is very low, which can not reach the level of local regulations. 2. The management standards of health codes are not uniform in different places.
Give a few examples:
Chongqing
202117. The Office of the Leading Group for Epidemic Prevention and Control in novel coronavirus, Chongqing issued the Interim Measures for the Management and Service of Health Coding for Epidemic Prevention and Control in COVID-19, Chongqing. The measures stipulate that red code personnel are forbidden to travel; Yellow code personnel are restricted from traveling, yellow code emergency medical staff provide diagnosis and treatment services according to suspected COVID-19 cases, and other yellow code medical staff are required to provide 24-hour negative nucleic acid test certificates.
Guangxi province
June 5438+1October 65438+March 2022, the Guangxi Zhuang Autonomous Region Leading Group Command issued the Interim Measures for the Management and Service of Health Coding in Guangxi. The measures stipulate that personnel with red code, yellow code and green code shall be managed according to the latest Guangxi health code conversion rules. I checked the latest regulations of Guangxi health code transcoding. Red team is under centralized management (under special circumstances, it can be observed at home), and travel is prohibited. Yellow code personnel restrict travel, but how to restrict (such as medical personnel) is not specified in detail.
Henan Province
On March 7, 2020, the Big Data Administration of Henan Province and the Health and Wellness Committee of Henan Province issued the Administrative Measures for the Use of Health Codes in Henan Province. The measures stipulate that red team personnel should carry out strict isolation treatment or medical observation in designated medical institutions, centralized isolation medical observation places or at home; Yellow code personnel strictly implement the requirements of home isolation medical observation and consciously accept community management. This method does not stipulate how to seek medical treatment for people in red team and yellow code.
Liaoning province
There are no relevant regulations on health coding management, and there are no relevant regulations in Dandong City.
Other provinces
In some provinces, there are no unified regulations on the management of health codes at the provincial level, but subordinate cities have relevant regulations; Some provinces are completely blank. Space is limited, so I won't list them one by one.
Third, think.
The epidemic has been in the third year, and the health code has been with us for three years, but the management of health code is so chaotic that I never thought of it.
What situation should be given to red team and yellow code? Who has the right to give red team and yellow code? How to deal with emergencies (such as medical treatment) for people in red team and code yellow? How to deal with the private information of abusing health code?
Should there be uniform provisions on these issues?
Since the Health Law plays such an important role in our life, I hope that the legislature can meet the urgent needs of the people and issue unified laws and regulations as soon as possible.
Today, I specially studied the People's Police Law, which stipulates that "the people's police must take the Constitution and laws as their own activity standards", "the people's police perform their duties according to law and are protected by law", and "the people's police of public security organs are responsible for individuals or organizations that violate public security management or other laws and regulations on public security management, and can implement administrative compulsory measures and administrative penalties according to law;" The people's police of public security organs can forcibly take away people who seriously endanger public order or threaten public safety, detain them according to law or take other measures prescribed by law "; When citizens' personal and property safety is infringed upon or in other dangerous situations, the people's police should immediately rescue "those who refuse or hinder the people's police from performing their duties according to law shall be given administrative penalties for public security".
Legal basis:
Law of People's Republic of China (PRC) on the Prevention and Control of Infectious Diseases
Twelfth all units and individuals in People's Republic of China (PRC) must accept the prevention and control measures such as investigation, inspection, sample collection and isolation treatment of infectious diseases by disease prevention and control institutions and medical institutions, and provide relevant information truthfully. Disease prevention and control institutions and medical institutions shall not disclose relevant information and materials involving personal privacy.
Where the administrative department of health and other relevant departments, disease prevention and control institutions and medical institutions illegally implement administrative management or prevention and control measures and infringe upon the legitimate rights and interests of units and individuals, the relevant units and individuals may apply for administrative reconsideration or bring a lawsuit according to law.
Article 17 The State shall establish a monitoring system for infectious diseases.
The health administrative department of the State Council formulated the national infectious disease monitoring plan and scheme. The health administrative departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall, according to the national infectious disease monitoring plans and plans, formulate the infectious disease monitoring plans and work plans in their respective administrative regions.
Disease prevention and control institutions at all levels monitor the occurrence and prevalence of infectious diseases and the factors affecting their occurrence and prevalence; Monitor infectious diseases that have occurred abroad, not yet occurred in China or newly occurred in China.