The rule of law "combination boxing" for preventing and controlled medical insurance fraud
July 29, 2020 08:55 Source: "Chinese Social Sciences", July 29, 2020, No. 1977 Author: Zhang Jianjun

With the rapid development of social security cause,my country has established a medical insurance system covering the whole people,Social medical insurance plays an extremely important role as a medical treatment for the masses。But in recent years,Various medical insurance fraud behaviors are endless,Some designated hospitals are hospitalized or checked by hanging beds、Big prescription deceive medical insurance funds; some fixed -point pharmacies swipe their cards for participants;,Selling the medicines for profit;,Fraud in the inside of scammers。These medical insurance fraud behaviors,Not only causes the loss and waste of the medical insurance fund,endangered the safe operation and sustainable development of the medical insurance fund,And disrupting normal medical insurance management order,Social tumor that becomes the "life -saving money" of the people,So,Comprehensive use of legalized means to control and prevent medical insurance fraud, it is urgent。Medical insurance fraud cases high incidence of high incidence,Refracting the legalization level of social medical insurance during social transformation needs to be further improved,Inadequate laws and regulations exist、The people's legal consciousness is weak、Administrative law enforcement and criminal judicial connection are not smooth、Light accountability of accountability。

First,my country's social medical insurance system reform began in 1994,Late start。Medical Insurance Legislatives lags behind reality,There is no national special legislation,The specifications related to social medical insurance are mainly scattered in the Constitution, "Social Insurance Law", and "Labor Law". 》 In other legal documents,Some provisions are too general,It is not operable,and this fragmented legislation lacks each other's response,It is difficult to form a strict anti -medical insurance fraud responsibility bet365 live casino games system。Although some provinces (cities) have formulated local regulations for medical insurance supervision,But the level of effect is low,The scope of application is only in a specific area。Medical insurance laws and regulations are not sound,Can't provide corresponding legal basis for the prevention and treatment of fraud and insurance,Fundamentally restricted the development of anti -medical insurance fraud。

Next,The public's consciousness of using and maintaining the safety of medical insurance funds in accordance with the law is not strong。Someone thinks that as long as you pay the medical insurance premium,You can enjoy medical insurance treatment,If you do not buy medicine,It is tantamount to sending money to the medical insurance department,Then make up for their imbalances by swiping medical card shopping or cash out; some people think that medical insurance cards are their own property like salary cards,You can swipe your card to buy medicine for yourself,You can also buy medicine for your family and relatives and friends,I do not know the illegality of the behavior; there is still a lack of understanding of the harm of medical insurance fraud,Think that fraud is the cheapness of the actor's occupation of the country,No coherent with yourself,The attitude of holding "the matter is not high" for fraud,As everyone knows, the medical insurance fund is the common wealth of all the insured。Because the public’s illegal type of medical insurance fraud、Behavior Nature、Lack of harmful consequences lack of sufficient cognition,Few people expose the deception behavior around them、Report,Let the perpetrator deceive the insurance without worry。

again,Administrative law enforcement and criminal judicial connection are not smooth。In practice,Fraud on medical insurance,Film case survey by the medical insurance department,The amount of fraudulent insurance is more than 10,000 yuan,Transfer to public security organs into criminal judicial procedures。But the certification standards of the medical insurance department and the criminal judicial department in the case、Evidence requirements、evidence collection procedures Bet365 app download and other aspects are very different,Many medical insurance departments believe that cases suspected of constituting fraud are often because of unclear facts、Insufficient evidence or defects of evidence or prosecution procedures, the public security organs are not given a case or returned to supplementary surveys,Caused by the case delay in the execution and delivery of the case、backlog。The connection mechanism between the medical insurance department and the criminal judicial department is not smooth,Lack of substantial collaboration,It affects the docking and operating efficiency between administrative law enforcement and criminal justice,It is difficult to form a multi -departmental combination of medical insurance fraud。

Last,Legal accountability is light。Although the Standing Committee of the National People's Congress stipulated in Article 266 of the Criminal Law of the People's Republic of China,Fraud with fraudulent means to obtain a medical insurance fund for crime and punishment of fraud,But in practice,Punishment measures for most medical insurance fraud behavior are usually just warnings、Recovery of the Medical Insurance Fund,Power of fines,Cancel the qualification of a fixed -point pharmaceutical institution。The criterion for scaming the medical insurance fund to obtain the criterion for scam,But the amount is not too large or the plot is not particularly serious,The phenomenon of punishment is common,Few people who transfer the actor to the judicial organs are very small,Even if it is held criminally liable,Also with probation。Excessive liability accounts for not being able to play the pain of the deception,No containment and deterrent effect on fraud。

Prevention and punishment of medical insurance fraud must be played "combined boxing" under the framework of the rule of law,Simultaneous advancement of the standard and the root cause,Prevention and investigation and punishment dual -pronged approach。One aspect,"Zero tolerance" for various fraudulent behaviors,Discovered together,Strict investigation and punishment; on the other hand,By improving laws and regulations,Improvement Bet365 app download of torture,Innovation supervision method,Create a rule of law environment that maintains the security of the fund。

First,Improve the anti -medical insurance fraud legislation system。Medical Insurance Legislative Standards the behavior of all parties in medical insurance,Clarify the rights of all parties、Obligations and responsibility have a basic status,The complete legislative system is the prerequisite for the healthy development of social medical insurance,It is also a strategy to control medical insurance fraud。my country's social medical insurance system starts late,There are still many obstacles to be in place in one step in medical insurance legislation,It needs to be promoted in step: Encourage provinces (cities) with conditions to take the lead in formulating the management measures for local medical insurance funds,Explore and accumulate legislative experience,After the conditions are mature, the National Unified Regulations of the Medical Insurance Fund Supervision。The principle of supervision of the medical insurance fund、System、Content、Procedures and legal responsibilities to make comprehensive system regulations,At the same time,Social insurance fraud in the Criminal Law,and stipulate that social insurance fraud units crime,To further strict criminal law network,Provides complete legal basis for anti -medical insurance fraud。

2,Enhance the concept of the rule of law for medical insurance,Give play to the role of social supervision。The performance of medical insurance fraud to the public through the media、Essential and Harm,Let the public know that the medical insurance fund is closely related to everyone's vital interests,Maintenance fund security is the "life -saving money" that protects all insured people,Unveiled、Reporting the medical insurance fraud around you is the inconceivable responsibility。Mobilize the enthusiasm and consciousness of the public to participate in the supervision of the medical insurance fund,Expansion of medical insurance fraud cases of clues,Improve the accuracy of the blow,Forms a strong psychological deterrent force to the deceased。The medical insurance department must unblock the reporting channels for reporting and complaints,Bet365 app download Talk to the phone、Website、WeChat、mailbox、Letter and visits and other channels,Convenient to report on the public。The government can set up a report reward fund,Reporting clues Once verified, it is true,reward the reporter; at the same time,The medical insurance department must effectively protect the legitimate rights and interests of the reporter,Eliminate the worries of the reporter,Form the whole society to pay attention to medical insurance、A good atmosphere for maintaining the safety of the medical insurance fund。

third,Jianquan torture connection mechanism,Formation of strikes。Medical Insurance Fund running chain length,The department involved、Many links,Anti -medical insurance fraud cannot be fighting alone by the medical insurance department,The medical insurance department shall strengthen it with public security、Sanitary Health、Audit、Drug Supervision、Cooperation and cooperation of discipline inspection and supervision and other departments,On the basis of clarifying the responsibilities of various departments,Establishing a joint meeting of the Supervision of the Medical Insurance Fund,Timely coordinate solving abnormal conditions and major issues in the supervision of the medical insurance fund。Sharing through information、Joint Law Enforcement、Regularly discuss、major case meeting、Classification processing and other channels of cases,Build a comprehensive supervision mechanism and information sharing mechanism for anti -medical insurance fraud,Forms a joint work force; improve the system of anti -fraud responsibility,Strengthen the connection between administrative law enforcement and criminal justice,Suspected crimes,Public security organs can intervene in the survey in advance,Collect fixed evidence,Improve the efficiency of investigating medical insurance fraud。

Fourth,Improve the level of supervision informatization,Realize the full coverage of intelligent supervision。Information technology is an important support for the supervision of the medical insurance fund,It is also a key means for anti -medical insurance fraud。Use Internet technology,Establish an electronic medical record information platform for patients with insurance,Bet365 lotto review Intermind the information system of the designated pharmaceutical institution,Breaking the information barriers between the designated pharmaceutical institutions,Realize the interconnection of the internal data of the national medical insurance system,Make patients with medical purchase information to share sharing between designated pharmaceutical institutions,Reduce the risk of settlement fraud from the source; establish a medical insurance drug electronic information monitoring system,Achieve medical insurance drugs from medical institutions、The full traceability management of the physician to the insured person; the introduction of artificial intelligence technology、Intelligent monitoring methods based on big data analysis,Establish a medical insurance fraud warning model,Intelligent review of the uploaded medical expenses、Real -time monitoring,Once the background is monitored, fraudulent behavior,The system will automatically intercept it,The agency will refuse to pay and immediately investigate and process it,"Smart Lock" for the medical insurance fund,Do not give the insurer the opportunity。

Fifth,Increase the blow,Improve the illegal cost of medical insurance fraud。Medical insurance fraud is a kind of greedy behavior,Coupled by punishment,The cost of improving medical insurance fraud,Let the deceased insurer lose money in the economy,Pain with cutting skin,A certain extent can reduce this type of behavior。Fixed -point pharmaceutical institutions for fraud,The fixed -point agreement should be lifted,Deduction of liquidated damages,Traveling the deceived medical insurance fund,Fined fines of two to five times the illegal income; insured person who defrauds insurance,recovered the medical insurance fund from the medical insurance department,Pulfids with two to five times fined illegal income,Suspected crimes,Express its criminal responsibility。The medical insurance department and the agency are cheating for protection,Give administrative sanctions to the directors and persons directly responsible and responsible persons,Suspected crimes,Transfer to public security organs or supervisory bet365 live casino games agencies。At the same time,Establish a "blacklist" system in the medical insurance field,List the unit and individual of medical insurance fraud as the object of dishonesty,Upload relevant information to the credit information sharing platform,Let the trick deceive a faithful place,Limited everywhere,Improve the cost of fraud。

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