Comments to the NHSA on the Code of Practice for Pharmaceutical Prices and Tendering and Procurement Credit Evaluation (Draft for Comments) and the Discretion Benchmark for Pharmaceutical Prices and Tendering and Procurement Credit Evaluation (Draft for C

2020-09-04 | Beijing, Shanghai

1. The medical insurance credit rating assessment will have a serious impact on the operation of the enterprise, it may cause the enterprise to lose the right to operate and sell. Therefore, the credit rating and credit restoration should strictly follow the judicial decision and the effective administrative ruling decision. After executing a statutory judgment and the correction of the ruling, the credit can be repaired, instead of increasing the company's expenditure in addition to the effective judgment and ruling. This additional fine is contrary to the modern rule of law.

2. It should not violate the party’s autonomy and require enterprises that have not been held accountable by judicial or administrative agencies to assume or promise to bear the responsibility for the untrustworthy conduct of their employees or entrusted agents.

3. The operating norms and discretionary standards of credit rating should be legal and should not make provisions that violate the anti-monopoly law.

4. Because the medical insurance credit rating will have a serious impact on the operation of the enterprise, and may cause the enterprise to lose the right to operate and sell, it is of the nature of administrative punishment. Therefore, it should strictly abide by the provisions of the Administrative Punishment Law, including but not limited to no two punishments, and to give enterprises the right to hear, etc.

5. The credit evaluation and punishment system of the pharmaceutical industry will apply to the nationwide operation of all pharmaceutical companies. It is a major nationwide institutional establishment. Certain untrustworthy behaviors may result in national penalties. Therefore, it is recommended that the NHSA uniformly establish a credit evaluation system, evaluation standards, and rewards and punishment measures. It is not appropriate for each region to expand its own local systems, standards and measures, including the inter-provincial alliance, to avoid the inconsistency of local regulations and enforcement, which will cause unfair treatment of enterprises and the market.

More information: http://www.nhsa.gov.cn/art/2020/8/19/art_48_3410.html