The Research On Private Medical Institution Market Access Law System

Private medical institution refers to a series of institutions, which are set up bynatural person, legal person or other organization, in the form of folk wholly-ownedor holding form in our country territory, and they manage their own businessindependently, assume sole responsibility for their profits or losses, take risk bythemselves. Private medical institution may be set up in the form of hospitals, clinicsand so on, which are engaged in disease diagnosis, treatment of activities. Accordingto its’ different business purpose, private medical institutions are divided into profitmedical institutions and non-profit medical institutions. As a part of the non-publiceconomy, Private medical institutions should have the equal legal status with thepublic medical institutions in the constitution, both of them are the importantcomponent of socialist market economy rather than supplementary part. However, asthe administrative relative person, it is not equal with the health administrativedepartment. As far as private medical institutions and government are concerned, theybelongs to regulation relationship.Compared with the public medical institutions,private medical institutions are in the weak status. The weak status of private medicalinstitution makes it be hampered in the market access.Therefore, we should be tiltedin the right configuration, to implement special protection.At present At present, private medical institution in China as an independentcivil subject can be set up in the form of share-holding system,share cooperativesystem, partnership, sole proprietorship.Therefore, legal status of the private medicalinstitutions should l be determined according to its’ legal organizational form, andshould not be base“non-profit” has not been determined by legislation, in themeantime, private non-profit medical institutions is defined as “private non-enterpriseunit”, which causes it not to be divided into the existing types of legal persons, andthat becomes the barrier to its market access and development. Market access systemof private medical institution means that a country permits private medicalinstitutions, which has legal practice conditions, to enter or exit the medical market inaccordance with certain legal procedures. This system has such characteristic, accessto the dual target, access based on the legislation, singleness of access mode。Atpresent, the necessity of market access system of private medical institution lies inthat the right to health is a basic right of citizens, which is the core and foundation to realize other fundamental rights of citizens. The medical service availability andaccessibility are two important conditions to protect the right of citizens’ health.However, to respect, protect and realize the right of citizens’ health is government’sliability which is empowered by constitution law, and that is one of the basicrequirements for government to maintain political rule function.Medical career in China has been developing rapidly in recent years, but medicalservice supply is still unable to satisfy consumers’ diversified medical needs.Therefore, the government has the responsibility to increase the supply of medicalservices and encourage private medical institutions’ market access. The value targetof market access to private medical institutions is to ensure medical safety, furtherpromote the development of the medical career, and guarantee the fair distribution ofhealth resources. But the profit-driving of private medical institutions and its valuetarget have irreconcilable conflicts. Faced with this conflict，at the same time, medicalmarket has market failure phenomenon, such as externality, monopoly,shortage ofpublic products supply and asymmetric information, the market mechanism is unableto overcome market failure, which needs government’s intervention. But thegovernment intervention is only a means rather than purpose. Therefore, the key ofprivate medical institution’s market access is not whether we need governmentintervention, but how we grasp the degree of government intervention in privatemedical institution access or exit the market, namely we should clarify the boundarybetween the government and the market. Therefore, government intervention shouldconsider such following factors, the nature of medical service, medical servicesupply and demand conditions, private medical institution’s status in the law and inthe practice, development of private medical institution, the dualistic character ofprivate medical,private medical institution business purpose and technology ofdiagnosis and treatment project. Government intervention is to make up market failure,and its’intervention should be limited to the frontier of power. And governmentshould know what to intervene and how to intervene.At present, market access of private medical institution in China has embryonicform, but there are still many failures,such as access scope is not clear, accessconditions are too rough, general,access mode is single,access procedures arecomplicated, market exit system is not set up,and so on.These defects are not onlycaused by policy target deviation, but also related with public medical institutionadministrative monopoly and traditional administrative mode,which leads to marketaccess regulation offside and absence.And these defects also have related with existing medical institution market access system, which leads to regulation authorityexcessive regulation and regulation deficiency. Due to the above defects and causes, itresults in that private medical institution is in small scale and structure single,market share is small, medical service provision is limited, private medical market isin disorder and the form of medical institution ownership is single.Therefore, in order to promote market access to private medicalinstitutions,firstly, we should break the policy shackles of private medical institutiondevelopment, adhere to equal emphasis on private medical institution and publicmedical institution, pay equal attention to medical security and medical development,adhere to strict regulation and light regulation.Secondly, in the legislative mode, weshould learn from foreign experience to adopt single legislation mode, enactpromotion Law of private medical institution, and implement special protection forprivate medical institution market access.Specifically speaking, first of all, according to the nature of medical productsdefines the scope of market access reasonably. For public health products and quasipublic health products, they can be produced by the private medical institution, andthen provided by the government through the way of contract purchase. For privatemedical health products, we can completely allow private medical institution toproduce and provide for consumers. Because public products production and publicproducts supply are two different concepts. Although public medical products areprovided by government,and it seems reasonable.However it does not mean thatpublic health products must be produced by the government. Private medicalinstitution can have access to the medical field of both private products and publicproducts.Secondly, to improve the access conditions of private medical institution. As forprivate medical institutions in China, we should continue to enrich its’ legal forms,adopt medical legal system, delete the provision that private medical institutionshould be able a unit to assume civil liabilities independently. we should decide its’necessary funds for the establishment on the basis of the legal forms, increase "goodreputation" as one of its’ access conditions.As for natural persons in Hong Kong,Macao and Taiwan, when they provide medical service in the mainland as a short-termservice provider, the number of their short-term practice and specific deadline limitshould be defined, at the same time registration process should be improved. It isallowed that natural person should become investors of both Chinese and foreign inSino-foreign joint venture medical institutions, and establish many types of physician registration system.Thirdly, according to the scope and different standards of practice of privatemedical institutions market access,whether the applicant is a p doctor, to establishaccess ways,which can be administrative licensing and strict norms.Fourthly, to improve market access system. To reconstruct an independent,professional, and neutral regulation organization, to build diversified, and multi-levelmarket access regulation mechanism, to transform government functions andovercome market failure.Fifthly, to simplify and standardize access program and improve access remedyprocedures. At the same time, to improve market exit system. It should be defined theconcept,conditions and legal responsibility of private medical institutions, marketexit.It is necessary to improve market exit procedures, establish market warningmechanism and strengthen the supervision of market exit.