Public hospitals may not cooperate with social capital to set up for-profit medical and health institutions. Paragraph 2 of Article 39 of the Basic Medical and Health Promotion Law stipulates that medical and health institutions organized or participated in by government funds or donated assets shall not be established as profit-making medical and health institutions.
Paragraph 3 of Article 40 of the Law stipulates that medical and health institutions run by the government shall not invest with other organizations to set up medical and health institutions without independent legal personality, and shall not cooperate with social capital to set up profit-making medical and health institutions. Medical and health institutions shall not lease or contract medical technology departments. The national policy of renting or contracting medical departments has long been explicitly prohibited, but this time it has been fixed in legal form.
It should be noted that the previous acts of renting out and contracting out medical departments were characterized as selling, transferring or lending the Practice License of Medical Institutions by the lessor and the employer, and were punished in accordance with Article 46 of the Regulations on the Administration of Medical Institutions. The administrative penalty is confiscation of illegal income, and a fine of less than 5,000 yuan may be imposed; If the circumstances are serious, its Practice License of Medical Institution shall be revoked.
The Basic Medical Care and Health Promotion Law distinguishes between the acts of forging, altering, buying, selling, leasing and lending the practice license of medical institutions and the acts of leasing and contracting medical departments by medical and health institutions.
Article 100 stipulates the legal liability for renting or contracting medical departments abroad, and orders them to make corrections, confiscate their illegal income and impose a fine of more than two times and less than ten times their illegal income. If the illegal income is less than 1 10,000 yuan, it shall be calculated as 1 10,000 yuan; The directly responsible person in charge and other directly responsible personnel shall be punished according to law. It can be seen that the amount of fines has increased significantly and people have been punished.
Cooperation mode of public hospitals and compliance of social capital;
Public hospitals cooperate with social capital to establish non-profit medical and health institutions with independent legal personality. Paragraph 2 of Article 40 of the Basic Medical and Health Promotion Law clearly stipulates that the state encourages medical and health institutions run by the government to cooperate with social forces to set up non-profit medical and health institutions.
There is no doubt about the compliance of this cooperation model. However, due to the provisions of the third paragraph of Article 39 of this Law, non-profit medical and health institutions may not distribute income to investors and sponsors or in disguised form. Income distribution is easy to understand. What is "income distribution in disguised form" is not clear in law.
Whether social capital conducts related transactions with its own non-profit medical and health institutions, such as obtaining profits as the exclusive supplier of drugs and medical devices, is a "disguised distribution of income" is a vague area of law. Before these problems are clarified, it will definitely affect the willingness of some social capital to cooperate with public hospitals to set up non-profit medical and health institutions.
Public hospitals and social capital should set up for-profit legal persons before setting up for-profit medical and health institutions. Social capital first establishes for-profit or non-profit medical and health institutions, and then public hospitals cooperate with them in the form of franchising, hospital trusteeship, technical cooperation, and the establishment of medical associations or hospital groups.