Three pharmaceutical companies tell Chongqing Municipal Health Bureau Medical Tendering Violation Case，Highlighting the deformation and alienation of the centralized procurement system under the leadership of administrative thinking，The solution is still really allowing the market to play a role 
Questions on multiple questions、After the appeal is unsuccessful，Liu Qun finally chose to prosecute。June 30, 2010，Liu Qun, vice chairman of the Chongqing Pharmaceutical Industry Association，The three companies controlled by the Chongqing Municipal Health Bureau Medical Tendering Violation Bill，Public trial in the People's Court of Yubei District, Chongqing City。
Three companies prosecuted，Chongqing Municipal Health Bureau's bidding for centralized bidding and procurement、During the standard process，Selection standard settings are extremely unreasonable，At the same time, there are also improper reasons，Make these three pharmaceutical companies partially high -quality、High yield、Low -priced candidates cannot be shortlisted。
This case has attracted widespread attention in Chongqing's pharmaceutical industry。The person in charge of a number of private pharmaceutical companies told the reporter，They also face the problem of injustice bidding，Some companies even face closure because they fail to win the bid。They will watch the final result of this case，Decision whether to sue。
Since the official implementation of the new medical reform plan in 2009，Regulations on basic drugs and supplementary drugs that must be unified and procurement of bidding have triggered a wide range of controversy。The health administrative department will see this move as a means to reduce the link between drug circulation and effectively reduce the price of drugs，But at the same time，For more than a year，Due to questioning the bidding of the medicine，Pharmaceutical companies have repeatedly occurred in the health department。
Why does it sue the Health Bureau
This time the three companies of the Chongqing Municipal Health Bureau-Chongqing Tiansheng Pharmaceutical Group Co., Ltd.、Hubei Tianci Pharmaceutical Co., Ltd.、Hubei Tiancci Co., Ltd.，All companies under Liu Qun。
May 17, 2010，In the expert group of the expert group、Qualitative evaluation and bargaining，Chongqing City's 2010 basic drug concentrated purchases of the concentrated siege results produced，Published one after another。
Three plaintiff discovered，They are selected as a total of 56 kinds of basic drugs and other basic stake sports betting appStake Sports Bettingdrugs，Only 37 kinds of the final finalists。They think，"The defendant is evaluating the bid、During the standard process，Selection standard settings are extremely unreasonable，More reasonable reasons to exclude its high quality、High yield、Low off part of the candidate for the selection of drugs was shortlisted，As a result, the legitimate rights and interests of the plaintiff were seriously damaged。”
According to the provisions of the "Chongqing Municipal Basic Drug Concentration Procurement Plan" (2010)，Quality evaluation indicators for bidding drugs include clinical efficacy evaluation、Safety Evaluation、Enterprise Ranking、Quality Standards、Whether there is a record of inferior drugs、Brand、Production management quality, etc.，Total scores 65 points。Where，The highest score of the company's ranking，is 22 points; safety evaluation accounts for 15 points。
Liu Qun said，His company ranks 68th in the national pharmaceutical industry enterprise，Within 100 people，For the ranking，Should get a full score; at the quality standard、Clinical efficacy evaluation、Production management quality and other aspects，There are relevant qualifications、Patent and other support。
May 18, 2010，Chongqing Tiansheng Pharmaceutical Group Co., Ltd. submitted a copy of the "Request to the scope of the bid to win the bid" to the Chongqing Health Bureau。But the request was not responded，The last three companies decided to sue。
More critical question is，The plaintiff questioned the defendant's direct organization of the defendant Chongqing Municipal Health Bureau、The qualifications for the centralized bidding of drugs。The plaintiff Fang Agent Lawyer Song Daolan said，Chongqing City Health Bureau as an administrative regulatory department，It can only be the supervisor of centralized drugs，It is directly engaged in the illegal behavior of the centralized procurement department of drugs，"And in the specific matters of the tender，Use subjective evaluation to deal with objective evaluations，Just two days of evaluation of more than 9,000 varieties。”
Chongqing City Health Bureau argued，According to the "Notice on the Establishment of the Establishment of the Establishment of the National Basic Drug System" according to the Ministry of Health and other nine ministries and commissions "，"Basic drugs used by medical and health institutions organized by the government，The government -led drug -oriented pharmaceutical centralized procurement related institutions are designated by the provincial people's government.，Implementation of provincial centralized online open bidding purchase。”
The Bureau said，It has not implemented bidding behavior，It is the leading organization of Chongqing Medical Institutional Pharmaceutical and Medical Device Central Procurement Leading Group to implement this centralized procurement。The leading group has multiple member units，Chongqing City Health Bureau is just one of them，and its specific office ---- Chongqing Medical Institutional Pharmaceutical and Medical Device Central Purchasing Leading Group Office is set up in the Health Bureau。Therefore，Chongqing City Health Bureau is not a qualified defendant。
Chongqing City Health Bureau also answered，1185 production enterprises participating in Chongqing Basic Drug Purchase this year，Quotation medicine 9091，2542 bids，Winning rate of 27.96%。Hubei Tianci Qingda Pharmaceutical Co., Ltd. won 26.67%，The bid rate with the city is equivalent。
Stake Sports BettingMy stake betting appbut，Drugs with price advantages fail to win the bid，is the focus of the plaintiff's question。Liu Qun thinks，Some of their drugs are lower than other manufacturers but failed to be shortlisted; some of these drugs are lower than the medium bid price，Even the lowest of the bid price of the review，Can't be shortlisted。For example，Also the water honey pill of Wuji Baifeng Pill，6 grams of 10 bags，Tai Chi Group Chongqing Tongjunge Pharmaceutical Co., Ltd.'s winning price is 16.36 yuan，The quotation is only 12.89 yuan but failed to win the bid;，Tonghua Wantong Pharmaceutical Co., Ltd.，and its offer is 7.33 yuan。
Chain reaction
The bidding price claimed by the three plaintiffs，also attracted the attention of the health bureaus of many local poor areas and counties。They have submitted the situation to the Chongqing Municipal Health Bureau for report，Called the city's scope of drug concentrated bidding，Most drugs winning the price is higher than the purchase price of the same type of medicine last year，It is also higher than the price of primary pharmacies。
Bidding results revealed three days later，Chongqing Medical Institutional Pharmaceutical and Medical Device Central Procurement Leading Group held a television conference call，Announced the results of the launch of centralized urban drug concentrated procurement from June 1。Just that day，Chongqing Qianjiang District Emergency formulated Qianjiang Wei [2010] No. 42 ---- "Chongqing Qianjiang District of Chongqing's centralized procurement of basic drugs in the city is significantly higher than the current basic drug procurement price of our district 》。
The report is called，On May 17th, Chongqing issued the "Notice on Publicizing the Pre -Periodic Medicine for Basic Drugs" on the Internet，Qianjiang District Health Bureau will centralize the city -level basic drugs in the bid price，Compared with the procurement price of basic drugs in Qianjiang District，It is found that the purchase price of this drug is obviously high，It may cause a chain adverse reaction。
Report name，Qianjiang District in October 2009 concentrated inquiries to purchase 2267 drug regulations (of which 647 basic drugs)，And this time Chongqing's centralized procurement of 2,536 prefabricated drugs (all basic drugs)。In these two purchases，Products、A total of 186 species of drugs with exactly the same manufacturers，All common medicines。
Compared with the procurement price of these 186 drugs，Chongqing's purchasing price is higher than the purchase price of Qianjiang District.，Chongqing's purchasing price is 77%higher than Qianjiang District's purchase price。Where，Municipal purchasing price is less than 50%higher than 43 varieties，accounting for 25.4%，32 drugs with 50%to 1 times higher than 1 times higher，accounting for 18.9%; 59 varieties with 1 to 2 times higher，accounting for 34.9%; 35 varieties of 2-20 times higher medicines，accounting for 20.7%; 94 species of more than doubled，55.6%。and the municipal procurement price is slightly lower than that of the procurement price of Qianjiang District。
Whether to implement the concentrated procurement results of this municipal -level basic drug，Let Qianjiang District Health Bureau advance and retreat。If executed，All district -level medical institutions、Township Health Center and Community Health Service Agency，Basic Stake Sports Bettingstake sports betting appdrug prices will increase by an average of 70%-80%，Among them, about 50%of the basic drug prices will increase by more than double，grass -roots medical and health institutions will face problems。The price of drugs soared in the short term，In particular, the price of medical institutions is higher than the pharmacy，But the hospital has no appropriate reason to explain to the public，It may cause unstable factors。They reported to the Qianjiang District Government，Hope to solve this matter。
Following Qianjiang District，Cushion River、Health Bureau of Fengdu and other districts and counties has also reported to the government and Chongqing Municipal Health Bureau to reflect the price of drugs。These places are either belonging to the Three Gorges Reservoir area，Either belongs to a minority area。These reports are named，If the results of this bidding are strictly executed，"It may be stagnant for the development of health、Urban and rural residents' basic medical insurance system is damaged、The heavy price of the burden of mass medicine to increase again。”
Pharmaceutical concentrated bidding skills
Since 2003，The State Council has begun to pilot new rural cooperative medical systems in rural pilots across the country。At the same time，The country has strengthened the problem of rectifying the price of drug prices，Pilot bidding pilots as a means，Quickly push away nationwide。
January 2009，The six ministries and commissions of the national ministries again issued regulations，Requires to further regulate the centralized procurement of drugs for medical institutions，Make it guarantee the quality of the medicine、Control the price of virtual high medicine、Rectify the purchase and sale order、Govern commercial bribery、Correcting the wrongdoing and other aspects to play an important role。
This regulation proposes two measures for the first time: centralized procurement of drugs is bid by wholesale enterprise，Change to a direct bid for drug production enterprises; distribution of drug business enterprises with modern logistics capabilities，Change to direct delivery to medical institutions。This approach means that the hope of reducing the price of drugs，Strive on the centralized procurement bidding method of drugs。
but，"Solved the old problem，A new question is here "。Since the end of 2009，The people's congress representatives have questioned the problem of "increasing drug prices" for the new drug tendering system in various places。At the same time，In Shandong、Jiangsu and other places，Licensing lawsuits caused by the problem of drug bidding。Litigation objects are mostly health departments，They are questioned as the supervisory authority，Affecting the transaction of hospitals and enterprises，Through the so -called bidding，Has the hospital's pricing pricing right firmly in your own hands，It caused administrative monopoly。
"Is the organizer of centralized bidding and procurement of drugs in various places that are administrative monopoly，This is a question，But it is not the key to the problem of virtual prices。"Gu Xin, a professor at the School of Government Management of Peking University, believes，The most fundamental reason is，In the bidding of drug procurement，Most of the bid evaluation experts come from public hospitals，or there are inextricable relationships with public hospitals，and the government has set up bonus controls on the drug sales of public stake online sports bettingstake sports betting apphospitals，As a result, everyone in the medicine in the medicine opens one eye and close one eye。
Researcher Zhu Hengpeng, a researcher at the Institute of Economics of the Chinese Academy of Social Sciences，The reason why the second and third -level hospitals prefer high wholesale prices to purchase medicines，It is caused by a 15%increase in price increase (so -called expenditure and price increase policy in the industry)。Assuming a drug purchase price is only 3 yuan，The hospital can only increase the price 0.45 yuan; and if the purchase price is raised to 10 yuan，The hospital can increase the price 1.5 yuan，Legal profits are 1.05 yuan。"So，Price increase rate control policy is one of the culprits of raising drug prices。”
The litigation of the Chongqing pharmaceutical tendering case，Liu Qun, vice chairman of the Chongqing Pharmaceutical Industry Association，Tell this magazine reporter，The purpose of his prosecution，Not just protecting rights for yourself，I hope to promote the progress of medical reform。He thinks，The purpose of centralized bidding for drugs is to solve the problem of high prices of drug prices，But "In fact, it is likely to promote the rise in drug prices，At the same time, it will affect the safety of medication "。
"The solution is very simple，"Gu Xin said:" The government should not care about people earn 15%，Do not care about the zero deviation rate。You set a price for the medicine，This price is ceiling，Do not break through，The rest will let the market player do it yourself。”
Industry experts said，Rigid administrative thinking has led to the deformation and alienation of the centralized procurement system，The solution is still marketization。"Look from the experience of developed countries，The market concentration of drug production and wholesale is increased，helps the government's orderly and effectiveness of the drug market supervision，and also help reduce regulatory costs。"Zhu Hengpeng said。