Release time: December 16, 2020


The National Health Commission, the Ministry of Public Security and other departments issued the Notice on Issuing Key Points in the 2020 Special Regulatory Campaign to Rectify Irregularities in Medicine Purchase and Sale and Medical Services. By formulating the key points for correcting ethics in 2020, we will clarify the behavioral red lines for the purchase and sale of medicines and medical services, and continue to promote the construction of ethics in the medical service field.
The key contents of the "Notice" include the following.
1.The "Notice" takes the investigation and punishment of "falsified invoicing, tax evasion and other tax-related crimes in the production and circulation field" as the main work point.
Severely crack down on collusion between pharmaceutical companies and CSO（Contract Sales Organization）to cash out and pay illegal marketing expenses.
This work deployment also highlights the universality of commercial bribery through CSO after the implementation of the "two-invoice system".
It is the traditional practice of many pharmaceutical companies to drive sales growth through the marketing method of “sales with gold”, and the deepening of the reform of the system and mechanism such as volume procurement and the two-invoice system has promoted greater management of compliance operations in the pharmaceutical industry and commercial bribery. More and more commercial bribery and illegal marketing through CSO cashing have become the focus of financial and taxation supervision in the pharmaceutical industry. Recently, Huashui lawyers have also received many inquiries. Wenzhou, Zhejiang, Nanchong, Sichuan and other places have all targeted the medical consulting service company as a key target of crackdown. In the special operation of "cracking down on falsely issuing special VAT invoice and cheating export tax refund", the focus is on cracking down on consulting service companies that continue to provide "payment laundering" services to pharmaceutical companies after the implementation of the two-invoice system.
3. Severely crack down on fraudulent acquisition of medical insurance funds
According to the judgments of existing cases, for the purpose of illegal occupation, in the process of fulfilling the medical service agreement signed with the medical insurance agency, fraudulently prescribing drugs, falsely reporting physical therapy and other methods to defraud medical insurance funds may constitute contract fraud and fraud.
The "Notice" clarifies the subject and content of self-examination and self-correction of medical insurance funds, classifies the behavior of fraudulently obtaining medical insurance funds, and implements classified policies for different types of behaviors, and conducts joint and precise crackdowns. Maintain the safety of medical insurance funds by establishing and improving long-term mechanisms.
4. Consolidate the effectiveness of reforms in the field of pharmaceutical circulation
The "Notice" clarified the chain of further strengthening the management of pharmaceutical production and circulation; focused on regulating medical-business cooperation and exchanges, and delineating the red line between medical consumables operators and medical personnel, so as to clarify illegal behaviors. Manufacturers and medical personnel who dare to violate must be dealt with seriously. The key areas where violations occurred in the early stage should be severely cracked down.
5.The "Notice" proposes to standardize the channels for medical business cooperation and communication
Clarify the bottom line of behavior among industry associations, medical institutions, and pharmaceutical companies, and formulate standards for medical personnel's conduct of foreign exchanges. Severely crack down on improper behaviors that use academic conferences, scientific research collaborations, academic support, and donations to transfer benefits. It is allowed to conduct medical-business interactions under the premise of compliance and lawfulness, and establish and improve the full-process management system of pre-publication, in-process supervision, and post-filing of the exchanges and cooperation between the two parties.
6.The "Notice" clarifies the linkage mechanism between various departments of rectification work and discipline inspection and supervision departments
The "Notice" requires that the linkage mechanism with the discipline inspection and supervision department be improved, and the working mechanism between members of the mechanism shall be established. It is necessary to pay attention to reporting to the discipline inspection and supervision department in a timely manner to form a "one case, multiple investigations" mechanism, which not only handles violations in the field of the department, but also transfers clues to the relevant member units of the mechanism.