The leasing of medical equipment is legally compliant,
By the impact of the new Crown pneumonia epidemic, a number of medical equipment using units (such as medical institutions, family planning technical services, blood stations, etc.) medical equipment is idle, in order to improve the efficiency of the use of medical equipment to reduce operating costs, the use of medical equipment to put forward the leasing of medical equipment program, that is, the medical equipment tenant unit through the payment of rent to the equipment leasing unit to obtain the right to use the medical equipment in use. Equipment leasing unit to pay rent in the form of obtaining the right to use medical equipment in use. So, is it legally feasible, and what legal risks are faced, and how to prevent it? Based on this, the author intends to sort out the medical equipment using unit equipment leasing legal risk based on personal views.
I, medical device use unit equipment leasing behavior compliance
According to the "supervision and management of medical devices regulations" (2017 revision) article 41, medical devices can be transferred between the use of medical devices in use (i.e., second-hand medical devices). The law does not specify that equipment can be leased between medical device using units, so is it against the law to establish a legal relationship of equipment leasing between medical device using units? The author analyzes from the legal and efficiency point of view of medical equipment using units between the implementation of equipment leasing is reasonable and feasible, and does not violate the principles of law. First of all, although the law does not clearly stipulate that medical devices can be leased between the use of medical equipment, but also not expressly prohibited, and the transfer of ownership of the legal effect is greater than the lease (the right to use), so the law does not prohibit that is free, as a civil subject of medical equipment between the use of medical equipment, can be leased on the use of medical equipment. Secondly, by the new crown pneumonia epidemic, a large number of idle medical equipment, unable to improve the efficiency of equipment use, and is not conducive to the unit's asset appreciation and preservation of the value of the equipment leasing, that is, to retain ownership, but also to create economic value. Finally, leasing equipment can meet the needs of equipment lessees, give full play to the value of leasing equipment, to make up for the procurement time frame and the cost of procedures, thus creating social benefits. Therefore, the author believes that medical equipment between the use of medical equipment leasing in use medical equipment in line with the needs of social practice, with compliance, rationality and necessity.
Second, the medical equipment using unit equipment leasing related legal risks
The government organized non-profit medical institutions, for example, as a lessee and the lessor are facing what legal risks?
(A) the lessee risk
1, to avoid the risk of government procurement
such as equipment to be used by non-profit medical institutions, may face the avoidance of the provisions of the government procurement or violation of the provisions of the hospital's internal procurement system, damage to the right of fair competition of other medical equipment business units, may also face the risk of administrative supervision. If the total amount of rent during the lease period is higher than the price of the equipment, there is the problem of evaluation of utility and cost measurement.
2, the safety risk of medical equipment in use.
The medical equipment in use because of its transfer from the use of units, rather than from the medical equipment production and management unit procurement, may not be able to check the equipment qualification certificate, registration certificate or record certificate qualification, product specifications, use of the period of time, maintenance and repair records and other content, or not qualified inspection agency inspection, and it is difficult to ensure that the safety and utility of the medical equipment to increase the risk of the hospital's use. If the use of medical equipment leads to third-party personal injury, the proposed use of the equipment may be difficult to determine the degree of fault, and bear full legal responsibility.
3. Whether the medical equipment manufacturer agrees to continue to provide routine maintenance services. Because of the change in the location of the equipment repair and maintenance may lead to an increase in maintenance costs, some large equipment may also increase the cost of testing and operation.
4, whether the price can be obtained for the record or technical access to the license risk. Because the buyer of the equipment for the leased hospital, rather than the lessee hospital.
(2) lessor risk
1, equipment leasing subject ineligible
Medical institutions do not have the qualification of equipment leasing business, and leasing equipment to collect rent is a non-profit activity, may face the health and health departments and market supervision department administrative penalties.
2, financial management risk
Whether the equipment idle unit is a non-profit medical institutions, because it does not have the qualification of leasing, it may be difficult to issue equipment leasing bills, thus increasing the financial management risk of medical equipment using units.