Does the Ministry of Health issue an official dispatch directing not to transfer patients to private medical facilities for self-seeking purposes, affecting the interests of people participating in Health Insurance in Vietnam?
Question: Does the Ministry of Health have any guidance on not transferring patients to private health facilities for slanderous purposes? - Question from Ms. Quyen (Kien Giang).
What conditions must be met in order to transfer a patient from a lower level to an upper level?
In Clause 1, Article 5 of Circular 14/2014/TT-BYT, there are regulations on conditions for transfer of medical facilities as follows:
1. The medical facility shall transfer a patient to a superior facility if the following conditions are satisfied:
a) The disease is not suitable to the capacity in diagnosis and treatment and the list of techniques of the medical facility approved by a regulatory authority in healthcare or, the disease is suitable to the capacity in diagnosis and treatment and the list of techniques of the medical facility approved by a regulatory authority in healthcare but, due to an objective reason, such medical facility is not qualified to provide diagnosis and treatment;
b) Depending on the list of techniques approved by a regulatory authority in healthcare, if the directly superior facility does not have suitable medical techniques, patients shall be transferred to a higher-rank facility;
c) Before the patient is transferred, a medical consultation shall be held to appoint the receiving facility (excluding rank 4 clinics and medical facilities).
Thus, in order to transfer a patient to a superior facility in Vietnam, the following conditions must be met:
- The disease is not suitable to the capacity in diagnosis and treatment and the list of techniques of the medical facility approved by a regulatory authority in healthcare or, the disease is suitable to the capacity in diagnosis and treatment and the list of techniques of the medical facility approved by a regulatory authority in healthcare but, due to an objective reason, such medical facility is not qualified to provide diagnosis and treatment;
- Depending on the list of techniques approved by a regulatory authority in healthcare, if the directly superior facility does not have suitable medical techniques, patients shall be transferred to a higher-rank facility;
- Before the patient is transferred, a medical consultation shall be held to appoint the receiving facility (excluding rank 4 clinics and medical facilities).
Does the Ministry of Health issue an official dispatch directing not to transfer patients to private medical facilities for self-seeking purposes, affecting the interests of people participating in Health Insurance in Vietnam?
On April 26, 2023, the Ministry of Health issued Official dispatch 2462/BYT-KCB in 2023 on rectification of patient transfer activities between medical facilities.
1. Implement patient referrals according to Circular No. 14/2014/TT-BYT dated April 14, 2014 stipulating the transfer between medical examination and treatment facilities and Circular No. 40/2015/TT-BYT dated November 16, 2015 stipulates the registration of initial medical examination and treatment with health insurance and referral for medical examination and treatment with health insurance.
2. The Department of Health directs affiliated hospitals, when transferring patients to the Central Eye Hospital for medical examination and treatment, to contact and consult remotely via the information technology system for the Central Eye Hospital to announce arrangement and treatment of patients. In case the Central Eye Hospital does not have supplies, drugs, and equipment, the hospital will refer patients to other hospitals capable of performing the techniques.
3. Hospital leaders understand that practitioners do not transfer patients to inappropriate medical facilities or private medical facilities for self-seeking purposes, violating the provisions of the Law on Medical Treatment.
4. In case a hospital affiliated to the Ministry of Health, a university or a tertiary level hospital has techniques that are temporarily suspended or cannot be performed due to a shortage of drugs, supplies, and equipment, the Ministry of Health requests. The hospital will publish it on the hospital's website for the public to know and report to the direct management agency.
Thus, in order to correct patient referral activities at some hospitals that do not comply with regulations in Vietnam, the Ministry of Health requires:
Leaders of hospitals are fully aware that practitioners do not transfer patients to inappropriate medical examination and treatment establishments or private medical examination and treatment establishments for self-seeking purposes, violating the provisions of the Law on Medical Examination and Treatment 2009
In addition, hospitals under the Ministry of Health and universities, provincial and city Health Services and Health Ministers of ministries and branches must:
- Implement patient referral according to Circular 14/2014/TT-BYT and Circular 40/2015/TT-BYT.
- The Department of Health directs affiliated hospitals, when transferring patients to the Central Eye Hospital for medical examination and treatment, to contact and consult remotely via the information technology system for the Central Eye Hospital to arrange treatment for the patient.
In case the Central Eye Hospital does not have supplies, drugs, and equipment, the hospital will refer patients to other hospitals capable of performing the techniques.
- In case a hospital affiliated to the Ministry of Health, a university or a tertiary level hospital has techniques that are temporarily suspended or cannot be performed due to a shortage of drugs, supplies and equipment, the Ministry of Health requests the patient. The hospital is publicly available on the hospital's website for the public to know and report to the direct management agency.
In the event of an emergency, who has authority to sign the slip of transfer in Vietnam?
In Article 6 of Circular 14/2014/TT-BYT, there are regulations on power to sign the slip of transfer as follows:
1. Regarding public medical facilities: the Head of the medical facility or the person authorized by the Head of the medical facility is in charge of signing the slip of transfer.
2. Regarding public medical facilities: the person in charge of professional skills of the medical facility or the person authorized by him/her is in charge of signing the slip of transfer.
3. In a shift, the leader of the team is in charge of signing the slip of transfer.
Thus, in case of emergency, the person on duty in charge of signing the slip of transfer has the authority to sign the document to transfer the patient from the lower level to the next level in Vietnam.
Best regards!
