Resolution 144/NQ-CP 2022 guarantee of medical devices, payment of costs of medical care covered by health insurance

RESOLUTION

On regarding the guarantee of drugs, medical devices and payment of costs of medical care covered by health insurance

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THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated June 19, 2015; the Law Amending and Supplementing a Number of Articles of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;

At the proposal of the Minister of Health,

RESOLVES:

1. The Ministry of Health, Ministry of Planning and Investment and Ministry of Finance shall urgently review, amend and supplement according to their competence or submit to competent authorities for amendment and supplementation of legal documents related to purchase, bidding, production and import of drugs and medical devices under their management in order to quickly handle problems and create conditions for agencies and units to carry out the purchase and bidding of drugs, medical devices. If it is necessary to apply simplified procedures to amend and supplement legal documents, relevant ministries shall report to the Prime Minister for consideration and decision in accordance with the Law on Promulgation of Legal Documents. To be specific:

a) Ministry of Health shall:

- Assume the prime responsibility for, and coordinate with the Ministry of Justice and relevant agencies in preparing a proposal for the formulation of a Law Amending and Supplementing a Number of Articles of the Law on Pharmacy in accordance with order and procedures specified in the Law on Promulgation of Legal Documents, focusing on the simplification of administrative procedures related to the grant, extension, change and supplementation of the certificate of drug circulation registration according to the plan approved by the Prime Minister in Decision No. 1661/QD-TTg dated October 4, 2021;

- Assume the prime responsibility for, and coordinate with related ministries and branches in building and submitting to the Government for amendment and supplementation of the Government's Decree No. 146/2018/ND-CP dated October 17, 2018, detailing, and guiding measures to implement, a number of articles of the Law on Health Insurance; Government's Decree No. 54/2017/ND-CP dated May 8, 2017, detailing a number of articles of and providing measures for implementing the Pharmacy Law; Government's Decree No. 155/2018/ND-CP dated November 12, 2018, on amending and supplementing some regulations related to business conditions under state management of the Ministry of Health; Government's Decree No.  98/2021/ND-CP dated November 8, 2021, on the management of medical devices;

- Amend and supplement the Minister of Health’s Circular No. 19/2021/TT-BYT dated November 16, 2021, providing for forms and reports for the implementation of the Government’s Decree No. 98/2021/ND-CP dated November 08, 2021, on the management of medical devices; the Minister of Health’s Circular No. 14/2020/TT-BYT dated July 10, 2020, providing for medical devices bidding at public health establishments and Circular No. 15/2019/TT-BYT dated July 11, 2019, providing for drug bidding at public health establishments;

- Assume the prime responsibility for, and coordinate with the Ministry of Finance and relevant ministries and branches in studying for amending, supplementing or promulgating new documents on procurement and bidding, especially issues of property lease, provision of equipment after winning bids for chemicals and biological products; on management and use of circulation licensing fees for medical products and goods.

b) Ministry of Planning and Investment shall:

- Assume the prime responsibility for, and coordinate with the Ministry of Health in amending, supplementing or issuing new documents on bidding for drugs and medical devices, encouraging the procurement and bidding of medical devices which can be used many types of biological products, spare parts and accessories;

- Research, timely and thoroughly guide units and localities to implement legal documents related to bidding for drugs and medical devices within their competence;

c) Ministry of Finance:

- Expeditiously coordinate with the Ministry of Health in amending, supplementing or promulgating new documents on management and use of public property and use of state capital for procurement of drugs and medical devices (especially the issues of: formulating procurement estimates; renting properties, providing equipment after winning bids for chemicals and biological products); documents on stipulating the rates of collection, management and use of charges in the health sector when receiving the request of the Ministry of Health, ensuring compliance with the provisions of law on bidding, prices, charges and fees;

- Guide units and localities to implement legal documents related to procurement, management and use of drugs and medical devices according to their competence.

2. Chairpersons of provincial-level People’s Committees shall direct units to implement the central procurement, medical facilities under their management to procure drugs and medical devices according to their competence; dignify personal responsibility for heads’ units to avoid shortages of drugs and medical devices; strengthen inspection and supervision, improve autonomy and self-responsibility in procurement.

3. On regarding the payment of costs of medical care covered by health insurance:

Allowing settlement and payment of costs of medical care covered by health insurance in 2021 with costs of medical care covered by health insurance according to the annual settlement report of medical examination and treatment establishments after the social insurance agency’s appraisal under Clause 2, Article 32 of the 2008 Law on Health Insurance, which was amended and supplemented by Law No. 46/2014/QH13. To be specific:

- Fees for medical examination, hospital bed and technical services, tests, blood and blood products used for patients within the scope and level of allowances of health insurance participants: the settlement and payment shall be made according to the actual quantity used and the price according to current regulations.

- Expenses for drugs, chemicals and medical supplies that are not included in those with prices of medical care covered by health insurance or are used in techniques without prices of medical examination and treatment covered by health insurance that are used for patients within the scope and level of allowances of health insurance participants: the settlement and payment shall be according to the actual quantity used and the prices under the law on bidding.

4. Allowing continued payment of costs of medical care covered by health insurance for technical services that are performed by machines and provided by contractors after winning bids for supplies and chemicals according to contractor selection results approved by the competent authority in accordance with the Law on Bidding before the effective date of this Resolution. The time limit shall be according to the performance period of contracts signed before the effective date of this Resolution or up to 12 months from the effective date of this Resolution.

Agencies shall, in the process of inspection, examination, audit and performance of professional tasks, take responsibility for assessing and making conclusions in accordance with the law and this Resolution, limit the impact on the operation of the units, localities, protect organizations and individuals’ public, transparent procurement and bidding.

5. The Ministry of Health shall monitor, urge and summarize the implementation of the Resolution; and report to the Prime Minister for consideration and direction of the implementation of the Resolution at ministries, branches and localities in case of necessity.

6. This Resolution takes effect on the date of its signing.

On behalf of the Government

For the Prime Minister

The Deputy Prime Minister

Vu Duc Dam