In order to further standardize medical behavior, promote reasonable inspection, improve the efficiency of medical resources, reduce medical costs, effectively safeguard the people's health rights and interests, improve the people's medical experience, in accordance with the "further standardize medical behavior to promote the reasonable medical inspection of the guiding opinions," the requirements of the development of this program. First, the goal of the action by carrying out special management action, seriously investigate and deal with violations of relevant laws and regulations, diagnostic and treatment specifications, harming the interests of the people's unreasonable medical examination (including various types of imaging tests, laboratory tests, pathology tests, etc., hereinafter the same) behavior, to guide the medical institutions to establish and improve the standardization of medical behavior to promote reasonable medical examination system norms, to create a good medical environment, and promote the establishment of a long-term mechanism for the regulation of medical examination, and effectively protect the health of people's rights and interests, and effectively protect the health of the people. Check the long-term mechanism of supervision, and effectively protect the people's health rights and interests. Second, the scope of action at all levels and types of medical institutions, illegal medical inspection of other institutions. Third, the focus of the content (a) the governance of illegal medical inspection behavior. Not obtaining a license to practice in medical institutions, beyond the scope of the diagnosis and treatment subjects to carry out medical examinations, to carry out prohibited clinical use of medical examinations, the use of medical equipment not registered or filed in accordance with the law, the employment of non-health professionals and technicians to carry out medical examinations, as well as illegal collection of medical examination fees and other illegal and unlawful acts, and dealt with seriously in accordance with the rules of the law. The designated medical institutions and relevant personnel involved in the illegal use of medical insurance funds found in the special governance action will be seriously dealt with in accordance with the law. (ii) To manage unreasonable inspection behaviors such as unfounded inspections and repeated inspections. It organizes self-inspection and random inspection of medical institutions' outpatient (emergency) clinics and inpatient medical inspections, and organizes experts to demonstrate the necessity and standardization of inspections, and investigates and handles acts such as unsupported inspections and non-essential duplicate inspections in violation of the provisions of the administrative departments of health care and relevant diagnosis and treatment specifications, and orders rectification, and deals with such acts in a serious manner in accordance with the law. (C) governance in violation of the principle of informed consent to the implementation of inspection behavior. Focus on the implementation of special inspection without signing the informed consent. Guiding medical institutions to strengthen the implementation of informed consent and hospital affairs disclosure requirements, to strengthen the popularization of science and publicity, and to disclose the hospital to carry out the examination program fees. Before issuing a checklist for a patient, medical staff should explain the purpose and necessity of the examination, and obtain the understanding and cooperation of the patient or his/her family. For special examinations, written consent should be obtained from patients or their families. (d) Managing indicators and performance allocation methods that may induce excessive examinations. Seriously investigating and dealing with medical institutions and departments to implement "billing commission", set business income indicators and directly linked to the income of medical staff may induce excessive examination behavior. Promote the technical level, the difficulty factor, the quality of work, the positive rate of examination results, patient satisfaction, etc. as the key assessment indicators for performance distribution, and guide the establishment of performance distribution methods reflecting the value of the labor of medical personnel and the value of technology. (e) Managing the allocation of large-scale medical equipment in violation of planning. Strengthen the supervision and inspection of relevant medical institutions, for the violation of large-scale medical equipment configuration permit management, illegal use of configuration of large-scale medical equipment for clinical diagnosis and treatment of behavior to be investigated and dealt with in accordance with the law. Fourth, the division of responsibility for the health sector in conjunction with the relevant departments to develop a special governance action plan, the organization and coordination of various departments to carry out their work. Specifically responsible for checking the medical institutions and their medical staff of the medical examination behavior and internal management, collection, collation of mass reporting clues and forwarded to the relevant departments in accordance with their duties to investigate and deal with the progress and results of the special governance action to publicize. Market supervision departments investigate and deal with all kinds of price violations in accordance with the law. For those suspected of not obtaining legal qualifications to carry out medical inspections found in daily supervision, the administrative department of health will be notified in a timely manner. The medical insurance department will seriously deal with the designated medical institutions and relevant personnel involved in the illegal use of medical insurance funds found in the special management action in accordance with the law. The drug regulatory department will seriously deal with the organizations and relevant responsible persons who carry out inspection activities using medical devices that have not been registered or filed in accordance with the law, in accordance with the law. The Chinese medicine department is responsible for the organization and implementation of special management actions for medical institutions in the Chinese medicine system. The military health department is responsible for the military system of medical institutions special governance action organization and implementation. Fifth, the implementation of the steps of special governance activities for the period from April 2021 to March 2022, divided into four stages of implementation. (A) deployment phase (April 2021-May). Each region, in conjunction with the actual situation, to determine the multi-sectoral joint working mechanism, develop and release the regional implementation plan and carry out relevant training and publicity, to emphasize the deployment of special governance action content, requirements, etc.. (ii) Self-examination stage (May-August 2021) The local health administrative departments take the lead in organizing medical institutions of all levels and types to carry out self-inspection and rectification in accordance with the requirements of this program. The scope of self-inspection for special governance should achieve full coverage of hospitals (including Chinese medicine hospitals and maternity and child healthcare hospitals) within the jurisdiction, and more than 50% coverage of other types of medical institutions (community health service centers, township health centers, outpatient clinics, and clinics). (III) Inspection and assessment phase (September 2021-January 2022) The relevant departments in each region will conduct random inspections of medical institutions in the region, rectify the problems found, deal with them in accordance with the law, guide medical institutions to establish a sound system and norms, and summarize and assess the situation of the special governance work. The NHSC, in conjunction with the relevant departments, will organize inspections and assessments in some regions. (D) Summarization stage (February-March 2022) The provincial health administration departments take the lead in summarizing the special governance work in the region. Sixth, work requirements (a) strengthen organizational leadership. Each region should fully understand the significance of the special governance of unreasonable medical checkups for promoting the deepening of the reform of the medical and health system, standardizing the behavior of medical services, promoting the healthy development of the medical industry, and safeguarding the health rights and interests of the people. All relevant units should take the initiative, strengthen leadership, establish a provincial multi-departmental joint collaboration mechanism, refine measures, and clarify the division of labor. Local departments should conscientiously perform their duties and responsibilities, effectively implement the requirements of the work program, and organize and carry out self-inspection of medical institutions and supervision and inspection of medical institutions. (ii) Disposal in accordance with the law. Various localities and departments should establish accounts for the illegal and irregular behaviors in the field of medical inspection found in the special governance work, and seriously deal with them in accordance with the law. To give full play to the role of social supervision, in the field of health and health-related reporting hotline, network platforms, WeChat public number and other platforms based on the establishment of unreasonable medical inspection supervision and reporting line and special channel and announced to the community, widely solicited clues, carefully investigated and verified, to ensure that the special action to achieve tangible results. (C) increase publicity. Various departments around the world to carry out extensive publicity activities. For typical cases and serious cases, etc., to be informed of the exposure, the organization to carry out tracking reports. Vigorously publicize the purification of the industry environment, promote the standardized and orderly development of the industry's strong initiatives and effectiveness of the work for the smooth implementation of the special action to create a good atmosphere of public opinion. (D) promote the construction of long-term mechanism. Various places to guide the medical institutions for the problems found to pay close attention to the implementation of rectification. For the special governance action found in the prominent problems, **** the problem, further improve the system design, innovative regulatory means, into the daily work of medical service supervision, to promote the establishment of information technology regulatory platform, and constantly grasp. Actively promote industry self-regulation, give full play to the role of quality control centers, industry studies (associations) and other social organizations, and effectively implement the main responsibility of medical institutions. Adhere to the combination of positive guidance and problem remediation, optimize the allocation of medical resources, improve the standardization of diagnosis and treatment, and promote the reform of the remuneration system and health insurance payment methods, so as to form a good policy environment that promotes reasonable medical examinations. (E) Do a good job of information reporting. Each provincial health administration department takes the lead in summarizing the situation of the special governance work in the region, filling out the "Special Quality Quantitative Statistical Table for Unreasonable Medical Checkups" and summarizing the governance work measures of each department, the results achieved, the typical experiences and the institutionalized policies established, etc., to form the reporting materials, and then submitting the half-yearly report and the full-year report to the NCHRC Healthcare Committee by September 15, 2021, and March 15, 2022, respectively. The report shall be submitted to the Medical Affairs Bureau of the National Health and Wellness Commission.
Legal basis:
Regulations on the Handling of Medical Accidents
Article 37 If a dispute over a medical accident occurs and the parties concerned apply to the administrative department of health for handling, they shall submit a written application. The application shall contain the basic situation of the applicant, the relevant facts, specific requests and reasons. The person concerned may apply to the administrative department of health within one year from the date when he knows or should know that his physical health has been harmed by the medical malpractice disputes.
Article 46 of the occurrence of medical malpractice compensation and other civil liability disputes, doctors and patients can be resolved through negotiation; unwilling to negotiate or negotiation fails, the parties concerned may apply to the administrative department of health mediation, or directly to the people's court to file a civil suit.
Article 47 of the negotiation between the parties to resolve the dispute over civil liability for compensation for medical errors, shall make an agreement. The agreement shall set out the basic situation of the parties and the cause of the medical incident, the parties *** with the determination of the level of medical malpractice and the negotiation of the amount of compensation, etc., and signed by both parties on the agreement.