The internal rules and regulations formulated by medical institutions are only binding on internal employees (as long as they conform to the statutory procedures, laws and regulations and the principles of public order and good customs, they will generally have internal effects), and they are not binding on the outside. Only laws, regulations, rules, local regulations, rules and documents promulgated and implemented through legislative departments and legal procedures have mandatory binding force.
This kind of behavior of the hospital is of course against the law, because the hospital is a place to cure diseases and save lives. If the department is contracted out, it will shift the focus of the department to the acquisition of benefits, which is likely to violate the principle of public interest, harm the public interest and violate state regulations. So such an agreement is invalid.
The above is the law:
Article 52 of the Contract Law of People's Republic of China (PRC) stipulates that a contract is invalid under any of the following circumstances:
(1) One party enters into a contract by means of fraud or coercion, which harms the interests of the state;
(2) Malicious collusion that harms the interests of the state, the collective or a third party;
(3) Covering up illegal purposes in a legal form;
(4) damaging the public interest;
(5) Violating the mandatory provisions of laws and administrative regulations.
Hospital contracting operation is an act of selling or transferring the practice license of medical institutions, which violates the prohibitive provisions of the Regulations on the Administration of Medical Institutions. According to Item 5 of Article 52 of the Contract Law, the contract for contracted operation of hospitals should be deemed invalid. Moreover, the Ministry of Health further clarified in reaffirming the discipline of health industry that economic contracting is not allowed in the internal departments of hospitals!
Article 13 of the State Council 1994 Regulations on the Administration of Medical Institutions stipulates that "the practice license of medical institutions shall not be forged, altered, traded, transferred or lent". Article 55 of the Detailed Rules for the Implementation of the Regulations on the Administration of Medical Institutions of the Ministry of Health stipulates that "the name of a medical institution shall not be bought, sold or lent, and the name of a medical institution shall not be transferred without the permission of the registration authority". Article 79 stipulates that "anyone who transfers, lends or sells a practice license" shall be fined and his illegal income shall be confiscated.
Therefore, judging from the above provisions, the hospital's behavior obviously harms the public interest and violates the administrative regulations of the State Council, so it is invalid.