The Ministry of Health to answer questions about payment for medical examination and treatment by health insurance on joint-venture medical equipment or when the contract expires in Vietnam

The Ministry of Health to answer questions about payment for medical examination and treatment by health insurance on joint-venture medical equipment or when the contract expires in Vietnam (Internet image)

Regarding this issue, LawNet answers as follows:

On December 26, 2023, the Ministry of Health issued Official Dispatch 8190/BYT-BH year 2023 regarding problems in payment and finalization of health insurance medical examination and treatment costs of medical services performed on joint venture medical equipment, the contract that has expired.

The Ministry of Health to answer questions about payment for medical examination and treatment by health insurance on joint-venture medical equipment or when the contract expires in Vietnam

Specifically, in recent times, the Ministry of Health has received official dispatches from Vietnam Social Insurance asking for comments on difficulties and problems related to the assessment, payment, and settlement of medical examination and treatment costs covered by health insurance. Regarding payment of medical examination and treatment costs covered by health insurance on joint ventures and affiliated medical equipment whose contracts have expired, the Ministry of Health has the following opinions:

- In principle, when medical equipment is implemented in a joint venture or association and the contract expires, the assets used in the joint venture or association are handled according to the handling plan of the joint venture or association project signed between the parties and the provisions of law.

- According to the provisions of Clause 4, Article 3 of Decree 29/2018/ND-CP dated March 5, 2018 of the Government stipulating the order and procedures for establishing ownership by the entire people regarding assets and handling of assets with established ownership by the entire people, the assets subject to the establishment of ownership by the entire people are "assets donated, aided, and sponsored by domestic and foreign organizations and individuals but not yet accounted for in the state budget."

Thus, in cases where equipment from a joint venture or association at the end of the contract is given or donated to a medical examination and treatment facility, the medical examination and treatment facility must establish ownership by the entire people according to the provisions of Decree 29/2018/ND-CP before use, except for assets that have been accounted for in the state budget. Regarding this content, if there are difficulties or problems in determining assets accounted for in the state budget, Vietnam Social Insurance is requested to consult the Ministry of Finance.

- Besides, in order to solve problems in paying medical examination and treatment costs covered by health insurance for technical services performed on donated medical equipment, on March 4, 2023, the Government issued Resolution 30/NQ-CP on continuing to implement solutions to ensure drugs and medical equipment. In particular, Clause 4 of Resolution 30/NQ-CP stipulates as follows:

Allows medical facilities to use medical equipment that has been donated, donated, donated, aided, and sponsored by domestic and foreign individuals and organizations (including joint ventures and affiliated medical equipment whose contract term has expired) but has not yet completed procedures to establish public ownership for medical examination and treatment. Technical services performed using this medical equipment are paid for by the Health Insurance Fund. Medical examination and treatment facilities are responsible for the quality of medical services provided by these medical equipment and can use the facility's own funds to maintain, service, and repair medical equipment during use.

To clarify the time to apply Clause 4 of Resolution 30/NQ-CP, the Ministry of Health has sent an official dispatch to the Ministry of Justice for comments. On November 1, 2023, the Ministry of Justice issued Official Dispatch 5257/BTP-DSKT, responding to the effectiveness of Resolution 30/NQ-CP.

Because Resolution 30/NQ-CP has no other regulations on the validity of clauses and items in Resolution 30/NQ-CP, Clause 4 will apply from the time Resolution 30/NQ-CP takes effect, which is March 4, 2023.

At the same time, the Ministry of Justice requests that the Ministry of Health coordinate with the Ministry of Finance and relevant agencies to resolve, according to their authority, or report to competent authorities to handle outstanding problems and issues in the management, use, and payment of medical examination and treatment costs related to these medical equipment to ensure the rights of patients and medical examination and treatment facilities in accordance with the provisions of law.

Therefore, for technical services actually performed for patients before March 4, 2023, on medical equipment that has been donated, presented, given away, donated, has not been accounted for in the state budget, and ownership of the entire population has not been established that has been assessed by the social insurance agency, determined the costs, there is no abuse or profiteering of the health insurance fund, the Ministry of Health requests Vietnam Social Insurance to compile data and send it to the Ministry of Health to submit to competent authorities for consideration and decision.

Nguyen Ngoc Que Anh

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