Do hospitals have the right to "block" patients

The 2017-05-03

| source: health news

The chief reporter, han lu

A news story about "a trafficker, a violent doctor or a hospital blacklisted" is the latest news. In the news, the liaoning province has collected credit information such as suspected traffickers from the pilot hospital, the patient's cheery, the bad incident, the violent injury and the cost of malicious payment. The province is to participate in the national health family planning credit information management platform project of one of the three pilot provinces, the goal of the project is with the aid of informationization means to achieve health fair, maintenance of medical order. However, the authorities said the information was not disclosed at the moment, and that the people involved "will be blocked by the national hospital".

Society has a long history of concern and debate about the blacklist. Although in order to eliminate dishonest behavior, many regions and industry built a blacklist, but the public and legal professionals on patients blacklist may cause adverse consequences.

It is necessary to establish a blacklist of patients

The report on the credit information of patients in liaoning province has been investigated by academics who say "do you support the blacklist?" Of the 206 respondents, 84 per cent thought that setting up a patient blacklist was more beneficial than harm. Further analysis found that the respondents included 142 medical workers and 21 medical administrators, most of whom supported the system. Lawyers or other people tend to think that the disadvantages outweigh the benefits.

When it comes to whether the health administration has the right to collect personal information from citizens, some legal experts insist that "the law does not expressly authorize the government to do so". Wang, director of the teaching and research section of the health law thinks, Peking University health science in the public security organs of administrative punishment or court judgment information, health administrative departments have no legal basis for hospital to upload the patients' personal information, unless a legislature has a clear mandate. "If a patient was because of violent injury medical was detained, so the information can be collected and inform the hospital, but not taken when using, will infringe citizens' equal right to health care."

A more common concern is that setting up a blacklist of patients could exacerbate the tension between doctors and patients. Wang believes that to set up the blacklist is a kind of health care industry facing the doctor-patient conflicts, to seek "public aid force" the effect not beautiful then began to try to "self-help", but this kind of practice could not improve the doctor-patient relationship, it will make the doctor-patient relationship is becoming more and more nervous.

Can the healthcare industry emulate the blacklist system of financial institutions and e-commerce? Academy of the economy of public policy research office of special researcher He Bin argues that Banks and other utilities units for the collection of credit information and the behavior identify relevant authorization and clear standards, but the medical alarm, no dealer is still undefined and lack of legal recognition of screening criteria. Feasible approach is to first by the administrative department of public health, therefore, in view of the specialty of the health industry clear breach of personnel standards, and achieve and judicial authority under the state council for approval, and not according to the concept of fuzzy set up blacklists.

Nie xue, a lawyer with the Beijing huayi law firm, has had 13 years of clinical experience and is a champion of the blacklist system. Blacklist helps establish patients go to a doctor, she says, constraints, their own words and deeds, strengthen medical institutions of violent injury medical beforehand to prevent adverse events, such as help against traffickers, implement medical fair. "This is not only about the safety of the practitioners, but also about the interests of the people who seek medical care."

Who has the right to the patient's credit information

In 2015, the zhejiang provincial health and family planning system issued a consultation paper on the blacklist management system. The citizens who illegally disturb the normal medical order should be blacklisted. The blacklist information was published by zhejiang provincial health and family planning commission website and zhejiang provincial public credit information service platform and "credit zhejiang" website. But in the end, there was no official document. Several experts expressed, based on the need of national building credit system, health administrative departments to collect CongYiZhe and visitors to credit information is ok, but is a tricky for the scope of information disclosure, citizens must not be widespread sharing credit information.

Shanghai ying tung, a law firm, said zou oa patients can be considered authorized administrative department of health related information collection and preservation, but authorized unit after collecting information confidentiality obligation, shall not be arbitrarily leaked. In addition, the information should be classified according to the type of information and should not be provided directly by the health administration to the medical establishment. For example, he said, lack of information on the patients can consult utilities overdue bills, incorporated in the people's bank of China credit evaluation system, "but without authorization, not everyone can find the credit evaluation report of others".

In zou oa's view, even if the patients medical alarm or injury medical information to inform the hospital, the hospital can't refuse to overcharge, or in violation of the diagnosis and treatment norms and special treatment, so the actual meaning is limited. "In addition, it is not like drinking habit violence injury medical behavior, I think there is no need for comprehensive announcement. Have practical significance, is probably let they occur before the conflict to consider to avoid directly."

The bigger worry is that the right to know will not be abused. One expert said that although the patients credit information to inform the doctor's original intention is to remind and warning, but in the case of unequal medical information, doctors may because food dish "under the" look and behavior have a negative impact on diagnosis and treatment, and even did not rule out so caused by medical treatment fault.

What is the cost of losing a believer

The reporter understands, started the national level health.the credit information management platform project, the purpose of it is hope that through the national share credit information, promote application in administrative management and credit reports, credit joint to establish credibility discipline mechanism, but the practice is not yet clear.

The legal profession has warned that the hospital has no right to block any patient, and that restrictions on citizens' access to medical care are a legal red line. Standing director of China health law Wan Xin pointed out that the medical service is a public service, its essence is one of the features of forced contracting, hospital in addition to exceed the scope of diagnosis and treatment, can not refuse to provide medical services, to this point and public transportation, power supply, water supply, heating. There is a legal basis for the limitation and punishment of the person who is a person who is not authorized to act on the blacklist.

Nowadays, the construction of "credit" in China is the trend of The Times, the health care system cannot be rejected patients with bad behavior, do not represent not reasonable constraint legal actions of the patients go to a doctor. Mr Zou suggested that the seller, by registered information, should only choose one hospital for the same visit. For the patient who has made an appointment after a number of appointments, he must register at the site; Patients owe cost information as loan delinquencies and defaults utilities used as assets of personal credit assessment, make paper bear consequences such as lending restrictions that buy a house, restrict the high consumption.

Mr Zou also said that if industry managers could take advantage of the credit information, there would be more positive implications. Such as through data analysis to understand the medical dispute, subject distribution, diagnosis and treatment of injury medical event link, etc., can be used to help improve the level of medical management, help to improve the doctor-patient relationship.