Nghị quyết 144/NQ-CP năm 2022 về bảo đảm thuốc, trang thiết bị y tế và thanh toán chi phí khám bệnh, chữa bệnh bảo hiểm y tế do Chính phủ ban hành

RESOLUTION

Ensuring drugs and medical equipment and payment for healthcare costs covered by health insurance

THE GOVERNMENT OF VIETNAM

Pursuant to the Law on Governmental Organization dated June 19, 2015; Law on amendments to the Law on Governmental Organization and the Law on Local Government Organization dated November 22, 2019;

At the request of the Minister of Health,

HEREBY RESOLVES:

1. Ministry of Health, Ministry of Planning and Investment and Ministry of Finance shall make reviews and amendments under their competences or appeal to competent authorities to amend legislative documents concerning procurement, bidding, manufacture and import of drugs and medical equipment under their management to rapidly solve problems and enable agencies and units to procure and bid drugs and medical equipment. In case of necessity to apply simply procedures to amend legislative documents, related ministries shall report such to the Prime Minister for consideration and decision in accordance with the Law on Promulgation of Legislative Documents. The report includes:

a) Ministry of Health:

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- Take charge and cooperate with related ministries and central authorities in formulating amended documents and appealing to the Government of Vietnam to promulgate documents amending Decree No. 146/2018/ND-CP dated October 17, 2018 of the Government of Vietnam providing detail regulations and guidance on implementing certain Articles of the Law on Health Insurance, Decree No. 54/2017/ND-CP dated May 08, 2017 of the Government providing detail regulations and guidance on implementing certain Articles of the Law on Pharmacy, Decree No. 155/2018/ND-CP dated November 12, 2018 of the Government amending certain regulations related to business investment requirements under the state management of the Ministry of Health, Decree No. 98/2021/ND-CP dated November 08, 2021 of the Government on management of medical equipment;

- Amend Circular No. 19/2021/TT-BYT dated November 16, 2021 of the Minister of Health prescribing forms of documents and reports on implementation of the Government's Decree No. 98/2021/ND-CP dated November 08, 2021 on management of medical equipment; Circular No. 14/2020/TT-BYT dated July 10, 2020 of the Minister of Health prescribing certain contents of bidding for medical equipment at public health facilities and Circular No. 15/2019/TT-BYT dated July 11, 2019 prescribing bidding for drugs at public health facilities;

- Take charge and cooperate with the Ministry of Finance and related ministries and central authorities in amending or promulgating new documents on procurement, bidding and especially problems about renting property and providing equipment after winning contracts for chemicals and test kits; and problems about management and use of fees for issuance of marketing authorizations of products and goods in the health sector.

b) Ministry of Planning and Investment:

- Take charge and cooperate with the Ministry of Health in amending or promulgate new documents on bidding for drugs and medical equipment, including the encouragement to procure and bid medical equipment that may be replace with multiple types of test kits, components and spare parts during the operation;

- Promptly and carefully provide studies and guidance to units and local authorities on the implementation of legislative documents related to bidding for drugs and medical equipment under its competence;

c) Ministry of Finance:

- Urgently cooperate with the Ministry of Health in amending or promulgate new documents on management and use of public property and use of state capitals in procuring drugs and medical equipment (especially problems about developing procurement estimates; renting property and providing equipment after winning chemicals and test kits); documents on fees in the health sector, collection, management and use thereof in conformity with regulations of bid laws, prices, fees and charges when receiving requests from the Ministry of Health.

- Provide guidance to units and local authorities on the implementation of legislative documents related to procurement, management and use of drugs and medical equipment under its competence.

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3. Regarding payment for healthcare costs covered by health insurance.

Allow that reimbursement of health insurance costs covered by health insurance in 2021 is equal to annual statements prepared by healthcare facilities after being verified by social insurance agencies as prescribed in clause 2 Article 32 of the Law on Health Insurance in 2008, revised by the Law No. 46/2014/QH13. To be specific:

- Costs of medical examination, hospital bed, technical services, tests, blood units, blood products which have been used for patients within the coverage of health insurance: The reimbursement of these costs shall be based on the actual volume of used services and their costs according to applicable regulations.

- Used drugs, chemicals and health materials which are not included in the list of health care costs covered by health insurance or are used in techniques which are not included in the list of health care costs covered by health insurance but are used for patients within the coverage of health insurance: The reimbursement of these costs shall be based on the actual volume of used services and their costs according to the bidding laws.

4. Allow health insurance to continue reimbursing healthcare costs of machine-based technical services provided by successful bidders for material and chemical contracts according to results of the bidding approved by competent authorities according to regulations of the Law on Bid before the date on which this Resolution comes into force.  The time limits for application are the same as the durations of the contracts concluded before November 02, 2022 or within 12 months from the date on which this Resolution comes into force.

Agencies shall assess and reach the conclusion according to regulations of law and this Resolution, limit impacts on operations of units and local authorities, protect organizations and individuals in public, transparent and non-negative implementation of procurement and bid during the inspection, audit and performance of professional tasks.

5. The Ministry of Health shall monitor, urge and summarize the implementation of the Resolution, in case of necessary to report the Prime Minister considering and directing the implementation of the Resolution of ministers, central and local authorities.

6. This Decree comes into force from the date on which it is signed./.

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ON BEHALF OF. GOVERNMENT OF VIETNAM
PP. PRIME MISNISTER
DEPUTY PRIME MINISTER




Vu Duc Dam