Out government procurement of low price medicine The pharmaceuticals indicts the health bureau of Chongqing

Out government procurement of low price medicine The pharmaceuticals indicts the health bureau of Chongqing
Three pharmaceuticalses of disturbance of calling for bid case of medicine of Chongqing indict the breaking the law case of calling for bid of medicine of Chongqing Municipal Health Bureau, the prominent administrative thinking leading factor makes deformation and alienation of the medicines centralized purchasing system, and the solution remains and really lets the market contribute The reporter sea head Liu Deng
Gentle after querying, appealing and having no result many times, Liu Qun has chosen to prosecute finally. On June 30, 2010, it is Liu Qun of the medical Deputy Chairman of employer's organization of Chongqing at the same time, three companies controlled by it indict the breaking the law case of calling for bid of medicine of Chongqing Municipal Health Bureau, the north district people's court of Chongqing of the market tries publicly in Chongqing. Three companies prosecute and claim, in tender evaluation which Chongqing Municipal Health Bureau concentrates on bidding and purchasing in the basic medicine, course of finalizing the bid, select standard set to be extremely unreasonable, in order to want to be reason, make three the intersection of drugmaker and some high quality, high yield, participation of low price these medicines unable to enter still at the same time. This case initiates the extensive concern on the drugmaker of Chongqing. Many private persons in charge of medicine enterprise say to the reporter, the unjust problem that they face calling for bid too, some enterprises even face going bankrupt because of failing to win a bid. They will watch the final result of this case quietly, determine to resort to legal proceedings too. Since the new medical reform scheme will be implemented formally in 2009, and supplemented medicines about the basic medicine, the regulation that must be bade and purchased in unison has initiated the extensive dispute. Health authorities regard this measure as reducing the medicine links and the means to reduce the medicine price effectively of circulating, but at the same time, since more than one year, because has queried medicines call for bid unjustly, the medicine enterprise indicts the incident of the Ministry of Health and happens time and again. Why indict health bureau to indict in three companies of Chongqing Municipal Health Bureau this time - -Chongqing the intersection of it and holy the intersection of pharmacy and the intersection of group and Co., Ltd., the intersection of Hubei and the intersection of it and holy large the intersection of pharmacy and Co., Ltd., the intersection of Hubei and holy health of heaven clear guide Co., Ltd., it is Liu QunQi that goes to enterprises. On May 17, 2010, after quantitative through the expert panel to comment on, determine the nature on appraisal and negociation price, entering the result to produce in advance of centralized purchasing of basic medicine of 2010 of Chongqing, and begin to release to the outside successively. Three plaintifves find, they throw and select to hang network basic medicine and other basic medicines and amount to 56 kinds, the selected finally one is only 37 kinds. They are thought, " the defendant in the course of evaluating the tender, finalizing the bid, it is extremely unreasonable to select standard set, still more in order to want to be reason get rid of high quality, high yield, low part of quotation their, participate in the election of medicines to enter, cause the plaintiff's legitimate rights and interests to receive the serious injury. " According to " basic medicine centralized purchasing implementing scheme in Chongqing " (2010) Regulation, appraise the quality evaluation index including clinical curative effect of competitive bidding medicines, the appraisal of security, enterprise rank, quality criteria, had medicine recording, the brand, production management quality of low quality etc.ing, always divided into 65 points. Among them, enterprises arrange the highest status value, it is 22 fen; The appraisal of security accounts for 15 fen. Liu Qun says, his company ranks the 68th in the national medical industrial enterprise, within 100, in respect to ranking, should be divided completely; In quality criteria, appraising, production management quality of clinical curative effect,etc., relevant qualification, patent,etc. are supported. May 18, 2010, holy pharmacy group Co., Ltd. of the weather of Chongqing has submitted one to Chongqing Municipal Health Bureau and is called " earnestlies ask to bring my medicines which groups has not won a bid of the request which wins a bid of the range within ". But should ask not to be responded, three companies determine to prosecute finally. Key problem, and then plaintiff query defendant the intersection of Chongqing and Municipal Health Bureau organize, preside over medicines, concentrate on qualification that bid and purchase directly. Plaintiff attorney Fang Song DaoLan says, Chongqing Municipal Health Bureau is regarded as the administrative supervision department, it can only be a supervisor of centralized purchasing of medicines, it is the illegal activities that it is engaged in the centralized purchasing of medicines directly, "and in concrete matters that call for bid, spend, comment on, deal with, appraise objectively subjectively, have appraised more than 9000 varieties only taking two days. " Chongqing Municipal Health Bureau debates and claims, it accord with by nine ministries and commissions on Ministry of Public Health,etc. ' about printing and distributing < Opinions on Implementing setting up national basic medicine system> Notice >>(defend the medicine policy to send [2010 ] for the 78th) ,"Basic medicine which the medical health organ that the government holds used, the relevant organization of centralized purchasing of medicines that the provincial people's government appoints to take government as the leading factor, according to the relevant regulations of law of purchase of the government and bid law, implement bidding and purchasing publicly on the net provincially and centralizedly. " This office says, it has not implemented the behavior of calling for bid, it is medicines of medical organization of Chongqing and medical equipment centralized purchasing leading group that take the lead in organizing implementing work of this centralized purchasing. This leading group has a plurality of member units, Chongqing Municipal Health Bureau is only one of them, and its concrete executive office - -Medicines of medical organization of Chongqing and office of leading group of centralized purchasing of medical equipment set up in the health bureau. So, Chongqing Municipal Health Bureau is not a right defendant of dose. Chongqing Municipal Health Bureau also replies and claims, 1185 manufacturing enterprises joining the basic medicine centralized purchasing of Chongqing and registering this year, offer 9091 medicines, win a bid of 2542, winning a bid rate reaches 27.96%. 26.67% of winning a bid rate of holy big clear pharmacy limited company of the weather in Hubei are equal to winning a bid rate of the whole city. However, medicines with price advantage fail to win a bid, Fang's focal point of querying that it is the plaintiff. Liu Qun thinks, some medicines prices of theirs are lower than other producers but fail to enter; Among them some medicines prices are lower than winning a bid of the price, even the lowest in the tender price evaluated, can not enter either. For example, it is likewise water honeyed pill of white phoenix pill of dark chicken, 6 point 10 grams is bagged, Taiji group (7.55, 0.20, 2.72%) Monarch's pavilion of general term for paulownia, phoenix tree and tung tree of Chongqing (9.35, 0.23, 2.52%) Pharmaceutical factory Co., Ltd. it wins a bid of prices to be 16.36, but quotation its fail, win a bid for 12.89 only; Likewise 10 point 20 grams of blue root particle of the board is bagged, it is 11.20 yuan that the Wan 's of Tonghua wins a bid of the price, and its quotation is 7.33 yuan. The timid high problem of the price that three plaintifves of chain reaction tell and call for bid, bring a plurality of local county hospitals of poor district's attention too. They submit the situation report to Chongqing Municipal Health Bureau one after another, claim medicines in this range of the whole city concentrate on calling for bid, the biding price of most medicines was higher than the purchasing price of the same kind of medicines of county last year, also higher than the price of the pharmacy at the basic level. Bid result make known after the three day, Chongqing the intersection of city and the intersection of medical organization and medicines and medical equipment centralized purchasing leading group hold the video-and teleconference, claim to start the result of carrying out centralized purchasing of basic medicine at city level from June 1. Just on the same day, the Qianjiang district of Chongqing made Qianjiang and defended [2010 ] Document No. 42 promptly - -<>. This report claims, after Chongqing releases " notice on entering medicines to the centralized purchasing of basic medicine in advance and carrying on announcement " in the network on May 17, the health bureau of Qianjiang district wins a bid of the centralized purchasing announcement of basic medicine at city level the price, compare with basic medicine purchasing price of Qianjiang district, find the price of this medical procurement is obviously a bit high, may initiate the bad reaction of the chain. The report claims, Qianjiang district concentrates inquiry on purchasing 2267 product rules (647 product rules of basic medicine among them) of medicines in October of 2009 ,And purchase and enter 2536 product rules (all basic medicines) of medicines in Chongqing fair in advance this time . In these purchase two times, it amounts to 186 kinds to taste the rule, all the same medicines of manufacturer, it is daily medicine. Compare 186 purchasing price of medicines these with, find Chongqing the intersection of city and purchasing price higher than purchasing price, district of Qianjiang, 169 kinds, the purchasing price of Chongqing is higher than district purchasing price 77% of Qianjiang on average. Among them, at city level purchasing price 43 variety in higher 50% a following one, account for 25.4%, 50% to to have 32 medicines 1 higher, accounts for 18.9%; 1 time higher and 2 times have 59 variety, accounts for 34.9%; 2-20 times higher medicines have 35 varieties, accounts for 20.7%; To have 94 kinds higher more than 1 times, accounts for 55.6%. And at city level what has been purchased prices and is slightly less than Qianjiang district to purchase the price only 17 kinds. Whether implement this basic medicine centralized purchasing result at city level, make the health bureau of Qianjiang district in a dilemma. If carry out, district level medical organization, health clinics in towns and townships and community hygiene service organization of the whole district, the price of basic medicine will go up by 70%-80% on average, about 50% of basic medicine prices among them will go up by more than 1 time, the medical health organ in the basic unit will face the difficult problem. The medicine price swells fiercely in a short time, especially the medicine price of medical organization is higher than the pharmacy, but the hospital has no appropriate reason to explain to people, may initiate the destabilizing factor. They type the report for Qianjiang district government, hope to settle this well. Following Qianjiang district, the health bureau of counties such as Dianjiang, Fengdu,etc. types the report and reflects the medicine price question to this grade of government and Chongqing Municipal Health Bureau successively too. These places either belonging to the reservoir area of Three Gorges, or belong to the minority area. These reports claim, if carry out the result of this bid strictly, "may demand medicine of development basic medical insurance system damaging, masses of stagnating, urban and rural residents of the hygiene industry and afford the heavy cost strengthened again. " Medicines concentrate the merits and demerits of calling for bid since 2003, the State Council begins in the whole country new rural cooperation medical treatment system of the rural pilot project. Meanwhile, the country strengthened and renovated the empty and high problem of the medicine price, medicines concentrate pilot projects of calling for bid as a kind of means, push away in the whole country rapidly. In January of 2009, six ministries and commissions of country will issue stipulating, demand to further standardize the medicines centralized purchasing work of medical organization again, make its respect of guaranteeing the quality of medicines, timid high medicine price of control, rectifying and purchasing and selling the order, managing the commerce to bribe, rectify unhealthy practices etc. play an important role. Will stipulate that propose two measures for the first time: The centralized purchasing of medicines is submitted a tender by the wholesale enterprise, change into that is submitted a tender directly by the medicines manufacturing enterprise; Provide and deliver by the manufacturing enterprise or trust medicines with ability of logistics service to manage enterprises, change into and provide and deliver to the medical organization directly. This method means reducing the hope of the medicine price, place on centralized purchase bidding way of medicines. However, " has solved the old problem, new problem comes " . Since the end of 2009, the deputy to the National People's Congress appears to query the system of calling for bid of new medicines " raised the price of medicines " continuously in all parts Question. Meanwhile, in Shandong, Jiangsu and other places, the lawsuit that the question of calling for bid of medicines initiates appears continuously. Lawsuit targets are mostly the Ministry of Health, they are queried to be regarded as in the supervising organ, influence the business with enterprise of the hospital, call for bid through being so-called, grasp the purchase pricing right of the hospital in one's own hands firmly, have caused the administration to monopolize. "Whether the organizer that regional medicines concentrate on bidding and purchasing has administrative monopoly, this is no doubt a question, but not a key to the empty high problem of the medicine price. " Professor of government of Peking University management college Gu Xin thinks, the most basic reason is, in the the bids of medical procurement, evaluate the tender the experts mostly come from the public hospital, or have countless relations with the public hospital, and government sell, presume to public medicines of hospital addition control, cause everybody win a bid of price to be timid to turn a blind eye to while being high to medicines. Researcher of Chinese Academy of Social Sciences institute for economic research Zhu HengPeng discovers, two tertiary hospitals have a partiality for the high wholesale price and purchase medicines, control by 15% price markup rate Due to. Suppose some medicines purchasing price is 3 yuan, the hospital can only raise the price 0.45 yuan; And if purchasing price raise get 10, hospital can raise the price 1.5, legal the intersection of profit and getting a lot of 1.05 right away. "So, it is to raise one of the roots of the trouble of the medicine price that price markup rate controls the policy. " Persons who bring a case to court of excitement of the calling for bid case of medicine of this Chongqing, it is Liu Qun of the medical Deputy Chairman of employer's organization of Chongqing at the same time, say to the reporter, the purpose which he sues, not merely safeguard the rights for oneself, hope to push forward the advance of health care reform even more. He thinks, the purpose that medicines concentrate on bidding and purchasing is to solve the timid and high problem of the medicine price, but will " probably help and push the medicine price and rise instead in fact and give and bring influence safely with medicine at the same time " . " the solution is very simple, " Gu Xin says: "Government mustn't in charge of others earn 15%, either don't in charge of what zero difference rate it will be household. You give medicines and presume a price, this price is the ceiling, can't break through, the one left let the market main body done by oneself. " The expert says, rigid administrative thinking has caused deformation and alienation of the medicines centralized purchasing system, the solution remains marketization. "By the look of experience of the developed country, medicines are produced and sold the concentration degree of market of links in batches to raise, the ones that contribute to market surpervision to medicines of the government are orderly and valid, but also contribute to reducing and supervising the cost. " Zhu HengPeng says. It also has contribution that the reporter Liu JingJing is gentle with this

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