Study On Legal Countermeasures Of Family Doctor Contract Service

The exploration process of contracting services for family doctors in China started in Shanghai in 2005,and after the publication of the "Guiding Opinions on Regulating the Management of Family Doctor Contracting Services" in 2018,the construction of relevant system has achieved initial results.At present,China's family doctor contract service system mainly relies on standardized documents at all levels to promote implementation,and there is a phenomenon that the promotion basically rely on policies.This not only leads to the low legal effectiveness of the existing norms,but also obvious conflicts between the government documents and relevant national laws,which in the process of implementation has led to the uncertainty of the rights and obligations of multiple subjects in family doctor contracting services,and the inability to perform contracted services,the lack of legislation on service costs,the disconnection between the system of service evaluation and supervision,and the difficulty in transferring health resources to the grassroots.The bottlenecks of these legal systems restrict the further development of family doctor contracting services.The root cause of the problems lies in the insufficient legislation in the medical and health field,the lack of institutional guarantees for family doctor contracting services,and the failure to legalize the subjective rights of parties in family doctor contracting services to make the responsibilities clear.The exploration and practice in typical pilot areas such as Shenzhen,Ningbo and Beijing show that the existing regulations cannot adjust the rights,obligations,and legal liabilities of the multiple subjects exposed in family doctor contracting services.In this regard,foreign family doctor services with unique characteristics should be used for reference.Taking the perfect family doctor legal systems in Cuba,the United Kingdom,the United States,the Netherlands,and Germany as the object of comparative study,we should propose legal countermeasures for China's family doctor contracting services from the perspectives of systemization and standardization,including: clearly defined the rights and obligations of the parties in the contracting service of family doctors,formulating unified national admission standards,exploring a hybrid payment mechanism combining "pay per person" and "pay by disease type" and improve the specific measures such as supervision and evaluation within and outside the family doctors team.