In order to further standardize medical behavior, promote reasonable inspection, improve the utilization efficiency of medical resources, reduce medical expenses, effectively safeguard people's health rights and interests, and improve people's medical experience, this scheme is formulated according to the requirements of Guiding Opinions on Further Standardizing Medical Behavior and Promoting Reasonable Inspection. I. Action Objectives By carrying out special treatment actions, we will seriously investigate and punish unreasonable medical examinations (including various imaging examinations, laboratory examinations, pathological examinations, etc.) that violate relevant laws and regulations and technical specifications for diagnosis and treatment and harm the interests of the people, guide medical institutions to establish and improve systems and norms that standardize medical behaviors and promote reasonable medical examinations, create a good medical environment, promote the establishment of a long-term mechanism for medical examination supervision, and effectively protect the health rights and interests of the people. Two. Scope of Action All kinds of medical institutions at all levels and other institutions that carry out physical examination in violation of laws and regulations. Three. The key content (1) controls the violation of physical examination. Severely crack down on illegal acts such as not obtaining the practice license of medical institutions, carrying out medical examinations beyond the scope of diagnosis and treatment subjects, carrying out medical examinations prohibited from clinical use, using medical devices that have not been registered or filed according to law, hiring non-health professional technicians to carry out medical examinations, and charging medical examination fees in violation of regulations, and severely deal with them according to the law. Designated medical institutions and related personnel who find illegal use of medical insurance funds in special governance actions will be severely dealt with according to the law and regulations. (2) Control unreasonable inspection behaviors such as unfounded inspection and repeated inspection. Organize self-examination and spot check on medical examination of medical institutions (outpatient and emergency departments) and inpatients, organize experts to demonstrate the necessity and standardization of inspection, investigate and deal with unfounded inspection and unnecessary repeated inspection in violation of the provisions of the administrative department of health and relevant technical specifications for diagnosis and treatment, order rectification, and deal with it severely according to the law. (3) The conduct of inspection violates the principle of informed consent. Focus on the implementation of special inspections that have not signed informed consent. Guide medical institutions to strengthen the implementation of informed consent and hospital affairs disclosure requirements, strengthen popular science education, and disclose the charging standards for inspection items carried out by our hospital. Medical staff should explain the purpose and necessity of the examination before issuing a checklist for patients, so as to obtain the understanding and cooperation of patients or their families. For special examination, the written consent of the patient or his family should be obtained. (four) governance may lead to excessive assessment indicators and performance distribution problems. Seriously investigate and deal with medical institutions and departments to implement "billing commission", set business income indicators and directly link them with the income of medical staff, which may induce excessive inspection. Promote the technical level, difficulty coefficient, work quality, positive rate of test results and patient satisfaction as the key assessment indicators of performance distribution, and guide the establishment of performance distribution methods that reflect the labor value and technical value of medical staff. (five) governance in violation of the planning and configuration of large medical equipment. Strengthen the supervision and inspection of relevant medical institutions, investigate and deal with violations of the license management of large-scale medical equipment configuration and illegal use of large-scale medical equipment for clinical diagnosis and treatment, and deal with them severely according to the law and regulations. Four. Division of responsibilities The Ministry of Health shall, jointly with relevant departments, formulate a special governance action plan and organize and coordinate the work of various departments. Specifically responsible for checking the physical examination behavior and internal management of medical institutions and their medical personnel, collecting and sorting out clues reported by the masses and handing them over to relevant departments for investigation according to their duties, and publicizing the progress and achievements of special governance actions. Market supervision departments investigate and deal with all kinds of price violations according to law. In the daily supervision, if it is found that it is suspected that it has not obtained legal qualifications to carry out medical examination, it shall promptly notify the health administrative department. Designated medical institutions and related personnel who illegally use medical insurance funds found in special governance actions will be severely dealt with according to laws and regulations. The drug supervision department will severely deal with the institutions and relevant responsible persons who use medical devices that have not been registered or filed according to law to carry out inspection activities. The competent department of traditional Chinese medicine is responsible for organizing the implementation of special governance actions of medical institutions in the traditional Chinese medicine system. The military health department is responsible for organizing and implementing the special governance actions of medical institutions in the military system. V. Implementation Steps The special governance activities were implemented in four stages from April 2002/KLOC-0 to March 2022. (1) deployment stage (April-May, 202 1). According to the actual situation, various localities have determined the multi-sectoral joint working mechanism, formulated and issued local implementation plans and carried out relevant training and publicity, emphasizing the contents and requirements of deploying special governance actions. (2) Self-inspection stage (May-August, 202 1). Local health administrative departments take the lead in organizing medical institutions at all levels to carry out self-examination and rectification in accordance with the requirements of this plan. The scope of self-examination of special governance should achieve full coverage of hospitals (including traditional Chinese medicine hospitals and maternal and child health hospitals) within its jurisdiction, and other types of medical institutions (community health service centers, township hospitals, outpatient departments and clinics) should cover more than 50%. (3) Inspection and evaluation stage (September 20265438+0—June 2022 1). Relevant departments of all localities conduct spot checks on medical institutions in the region, rectify the problems found, deal with them according to laws and regulations, guide medical institutions to establish and improve systems and norms, and summarize and evaluate the special governance work. The National Health and Wellness Commission and relevant departments organized inspections and assessments in some areas. (4) Summary stage (February-March 2022). The provincial health administrative department takes the lead in summarizing the special governance work in this area. The work of intransitive verbs requires (1) strengthening organizational leadership. All localities should fully understand the significance of special treatment of unreasonable physical examination in promoting deepening the reform of medical and health system, standardizing medical service behavior, promoting the healthy development of medical industry and safeguarding people's health rights and interests. All relevant units should take the initiative to strengthen leadership, establish a provincial multi-sectoral joint cooperation mechanism, refine measures, and clarify the division of labor. All localities and departments should conscientiously perform their duties, conscientiously implement the requirements of the work plan, and organize self-examination and supervision and inspection of medical institutions. (2) Dispose according to the law and regulations. All localities and departments should establish ledgers for violations of laws and regulations in the field of physical examination found in special governance work, and deal with them seriously according to laws and regulations. It is necessary to give full play to the role of social supervision, and set up a special line and special channel for unreasonable medical inspection and supervision on the basis of relevant reporting hotlines, online platforms and official WeChat accounts in the health field, and publicize them to the public, collect clues extensively, and carefully investigate and verify them to ensure the effectiveness of special actions. (3) Increase publicity. All localities and departments should carry out extensive publicity activities. For typical cases and serious cases, it is necessary to inform the public and organize follow-up reports. Vigorously publicize the powerful measures and work achievements to purify the industry environment and promote the standardized and orderly development of the industry, and create a good public opinion atmosphere for the smooth development of special actions. (4) promoting the construction of a long-term mechanism. All localities should guide medical institutions to pay close attention to rectification and implementation of the problems found. In view of the outstanding problems and * * * problems found in the special governance actions, we will further improve the system design, innovate the supervision means, incorporate them into the daily work of medical service supervision, and promote the establishment of an information-based supervision platform and make unremitting efforts. Actively promote industry self-discipline, give full play to the role of social organizations such as quality control centers and industry associations, and earnestly implement the main responsibility of medical institutions. Adhere to the combination of positive guidance and problem rectification, and continue to exert efforts in optimizing the allocation of medical resources, improving the standardization of diagnosis and treatment, and promoting the reform of salary system and medical insurance payment methods to form a good policy environment for promoting reasonable physical examination. (5) Do a good job in information submission. The provincial health administrative departments take the lead in summarizing the special treatment work in the local area, fill in the quantitative statistical table of unreasonable medical examination special quality, summarize the treatment measures, effects, typical experiences and established institutionalized policies of various departments, and form reporting materials, which will be reported once every six months before September 2002/KLOC-0 and March 2022.
Legal basis:
Regulations on the handling of medical accidents
Article 37 In case of a medical malpractice dispute, the parties concerned shall submit a written application to the administrative department of health for handling. The application shall state the basic information, relevant facts, specific requests and reasons of the applicant. Within 1 year from the date when the parties know or should know that their health has been damaged, they may apply to the health administrative department for medical malpractice dispute settlement.
Article 46 Civil liability disputes such as medical malpractice compensation can be resolved through consultation between doctors and patients. Unwilling to negotiate or if negotiation fails, the parties may apply to the administrative department of health for mediation, or directly bring a civil lawsuit to the people's court.
Article 47 If both parties settle civil liability disputes such as medical malpractice compensation through consultation, they shall reach an agreement. The agreement shall specify the basic information of both parties, the cause of the medical accident, the level of medical accident recognized by both parties and the amount of compensation determined through consultation, and shall be signed by both parties.