截至2017年底,我国民营医疗机构的数量已经是全国公立医院数量的1.5倍,然而与之相对的,在诊疗人次、卫生技术人员数量、床位数等数据上,却远远不及公立医院。民营医疗机构发展“多而不强”的现状,主要还是由于民营医疗机构存在“缺医生、少医保”等问题。对不以营利为目的,将营运收入用于弥补医疗服务成本的民办非营利性医疗机构而言,上述问题往往更为明显。 民办非营利性医疗机构相较于一般营利性民营医疗机构与公立医疗机构,其发展更需要政策与法律的扶持。
By the end of 2017, the number of private medical institutions in China has already been 1.5 times that of public hospitals nationwide. However, disproportionately, the number of medical treatments private hospitals conducted, medical professionals they employ, and hospital beds they own are far less than that of public hospitals. The problem of the underdevelopment of private medical institutions, “large in quantity but not quality”, may root in private medical institutions’ lack of medical professionals and support of healthcare insurance. The above problem for non-for-profit private medical institutions (“NFPPMIs”) looks more obvious. Consequently, compared with for-profit medical institutions and public medical institutions, NFPPMIs need more political and legislative support.
《一审稿》提出“以政府预算资金、捐赠资产举办或者参与举办的医疗卫生机构不得设立为营利性医疗卫生机构。……政府举办的医疗机构不得与其他组织投资设立非独立法人资格的机构。……禁止政府办公立医疗卫生机构与社会资本合作举办营利性机构。”二审稿中,在保留原有规定的基础上,增加了鼓励社会力量合作举办非经营性医疗机构的相关规定,针对该等机构在基本医疗保险定点、重点专科建设、科研教学、等级评审、实施特定医疗技术准入、医疗卫生人员职称评定等方面,将享受与公立医院同等的权利。类似规定已在上海等多地相应规范、政策中出现过,但对此问题的全国立法而言,实属首次。在医疗机构基本医疗保险定点中将民办非营利性医疗机构与公立医疗机构同等对待,在提高民办非营利性医疗机构诊疗人次的同时,也将有助减缓公立三甲医院患者数量过多、一号难求的状况;开放医疗卫生人员职称的评定,将吸引更多优秀医师、护理人员等从“体制”中跳出来,加入到民办非营利性医疗机构的建设中。
The First Draft provided that ”a medical institution organized with government funds or donated assets, in whole or in part, shall not be organized as a for-profit medical institution... a medical institution founded by the government shall neither invest in or form any institution with non-independent legal person qualification with any other organization, nor cooperate with any private investor to form any for-profit medical institution” In the Second Draft, such provisions are well-remained, and further provisions which encourages private investments to organize NFPPMIs are added into the Second Draft, e.g. NFPPMIs organized by private investments shall enjoy the same treatment as the public medical institutions in terms of the chance to be designated as medical institutions covered by basic healthcare insurance, construction of key specialties, scientific study and teaching, grade review, access for implementation of specific medical technology, and assessment of professional titles of medical professionals employed. Although similar policies have been published in some cities e.g. Shanghai, it is the first time for such provisions to be introduced into a national law. Treating NFPPMIs and public medical institutions equally in: the chance to be designated as medical institutions covered by basic healthcare insurance, will encourage patients to visit NFPPMIs for certain diseases that is covered by basic healthcare insurance, and the problem that third grade hospitals are over-crowded and outpatient service are hard to get might be alleviated to some extent, and; assessment of professional titles of medical professionals, will help NFPPMIs attract more expert physicians to join in NFPPMIs.
需要注意的是,早先有不少包含类似内容的政策出台,提出“同等对待”,该等政策在不同地区的落实至今仍有明显的差异,部分地区依然存在“亲疏有别”的情况。故就鼓励社会力量合作举办非经营性医疗机构,使民办非营利性医疗机构享受同公立医院的同等权利一项,还需保证该规定可以得到完全落实,或出台相应实施细则来帮助民办非营利性医疗机构缓解甚至解决“缺医生、少医保”的困境。
It shall be noted that there used to be several local policies published which also provided “Equal Treatment” provisions, however, such local “Equal Treatment” provisions are implemented differently in different areas, and in certain areas providing “Equal Treatment” provision, NFPPMIs are still not equally treated. Hence, to encourage private investments to organize NFPPMIs, the “Equal Treatment” provision in the Basic Healthcare and Health Promotion Law should be completely implemented nationwide or be ensured by further implemental measures, and finally alleviate the difficulties NFPPMIs have come across.