I think of my future needs from the problems I faced during the epidemic:
1, fitness, physical therapy, weight loss category: The government appealed not to go out, which created an endless life cycle for many people to play mobile phones, catch up with dramas, eat snacks and lie down. The consumption caused by walking for a long time is gone, and I feel dizzy and backache every day. Therefore, after the closure, people have a great demand for awakening health.
2. Insurance industry: In fact, the insurance industry has started to rise sharply in recent years. The current living environment has led to a decline in people's physical fitness and an increase in the probability of illness; During the epidemic, it is often reported that patients who are defined as ordinary pneumonia because they can't confirm that they are infected with COVID-19 will eventually bear huge medical expenses and pay for themselves; Therefore, people's risk awareness will be enhanced, and protecting themselves is also protecting their families.
3. Wealth management industry: the epidemic has hit all industries, causing delays in work stoppage and declining consumption, and everyone is under pressure. After all, mortgage car loans and online loans will not be postponed; If you don't start a business or go to work, the money in your pocket can only go out, but you can't get in. After the epidemic, people's financial awareness will definitely change. Reorganizing your own property and debt distribution also requires the guidance of professionals.
4. Logistics and transportation industry: It is obvious that a large number of unsalable goods will be disposed of after the epidemic, and both express freight and bulk freight will blow out.
Online education and online office are bound to become hot topics. After all, in the closed period, schools have started online teaching and enterprises have started home office.
Since the outbreak of the epidemic in COVID-19, there have been many practical problems, such as the increasing demand for consultation among residents, the shortage of medical resources, and the overwork of doctors, which have made the Internet plus medical care possible. There is room for giving play to advantages. In the future, we can fully learn from the experience of epidemic prevention and control, and make more timely, standardized and orderly use of the Internet and Chinese medicine? Deal with the diagnosis and treatment of diseases.
In other words, after the epidemic, the "remote diagnosis and consultation industry" will usher in unprecedented development!
Here are the legal issues related to it:
1 driven by the epidemic, are the laws and regulations prepared in this regard mature? Do you still need to follow up the supporting laws (relevant legislative amendments)? In other words, what is the legal boundary of Internet medical care? What can you do? What can't you do? Is there any legal risk? At present, China's policies and regulations on Internet medical care and telemedicine mainly include the following contents:
20 14 "opinions of national health and family planning commission on promoting telemedicine service in medical institutions" stipulates that medical institutions use information technology to directly provide diagnosis and treatment services for patients outside medical institutions, which belongs to telemedicine service. Non-medical institutions shall not carry out telemedicine services. In other words, doctors are prohibited from carrying out telemedicine services as individual units.
The Administrative Measures for Internet Diagnosis and Treatment (Trial) (Draft for Comment) issued by the National Health and Family Planning Commission on 20 17, in which Article 2, the term "Internet diagnosis and treatment activities" as mentioned in these Measures refers to the use of Internet technology to provide patients and the public with services such as disease diagnosis, treatment plans and prescriptions; Article 4 stipulates that the permitted Internet diagnosis and treatment activities are limited to telemedicine services between medical institutions and chronic disease contract services provided by primary medical institutions. Other forms of Internet diagnosis and treatment activities shall not be carried out.
"Opinions of the National Health and Family Planning Commission on Promoting the Development of Internet Medical Services (Draft for Comment) 20 17" points out that Internet technology is encouraged to be used to implement medical services in various ways and means, such as appointment registration, providing medical reminders, payment, result inquiry, drug distribution, information consultation and health education.
According to Article 88 of the recently promulgated Basic Health Care and Health Promotion Law (Draft), the state promotes the development of national health informatization and the application of health care big data, accelerates the construction of health care information infrastructure, formulates technical standards for the collection, storage, analysis and application of health care big data, and uses informatization and big data to promote the popularization and enjoyment of high-quality health care resources. The state encourages medical and health institutions to carry out telemedicine, establish and improve the information exchange mechanism according to law, and ensure information security.
It can be seen from the provisions in the above-mentioned policy documents that the state encourages the development of internet medical care, but it also carries out strict control to standardize the order of internet medical care and protect the health rights and interests of patients. Generally speaking, compared with the rapid development of Internet medical care, China's laws and regulations in this area are still in the exploratory stage, lagging behind as a whole and lacking operability. It is hoped that the country will keep pace with the times, strengthen the research and legislative demonstration of Internet medical care, enhance the predictability of policies and regulations, adapt to the development needs of the Internet medical market as soon as possible, and provide specific and clear legal basis for public hospitals to use the Internet to innovate medical service models.
2 As a legal professional, what legal advice do you have for public hospitals and private hospitals under the trend of public hospitals marching into Internet medical care? Public hospitals:
First, it is necessary to strengthen the supervision mechanism, establish a series of internal systems of public hospitals such as doctors' online practice norms according to existing policies and regulations, and ensure that medical personnel carry out online medical services within the scope prescribed by law.
Second, when medical staff use the Internet to provide information consultation, it is necessary to clarify the boundaries between doctors' responsibilities and behaviors in medical institutions and doctors' provision of consulting services as individual units, because this involves not only the compliance of medical services, but also the responsibility after medical disputes.
The third is to deal with the charging problem of internet medical care and safeguard the public welfare attribute of public hospitals.
Private hospitals: Internet medical care is supported by big data, and private hospitals are profit-seeking. Therefore, they should pay special attention to the patient's information security and medical data confidentiality, properly keep the patient's information, and must not buy, sell or disclose the patient's information to prevent infringement of the patient's legitimate rights and interests.
1' legitimacy of the operating mechanism (who is responsible, expert qualification, etc. ).
As a hospital, online medical consultation service makes data run more and people run less errands. Make full use of the advantages of Internet to improve the level of medical services. The hospital itself should be responsible for the preparation of relevant doctor qualifications and the management of the whole service process. Hospitals themselves should control compliance risks and ensure the legal development of Internet medical services.
2' Charge standard, who approved the legal procedure?
After being declared by the hospital and audited by the relevant price department, the hospital is allowed to charge a certain fee to carry out Internet diagnosis and treatment activities according to the standards audited by the price department.
3' Name charging item, is it medical treatment fee or medical treatment fee? Is there a legal basis?
According to the introduction of online medical consultation service of Peking University Third Hospital, this fee should be regarded as technical consultation fee. According to China's "Contract Law" on technical consulting contracts, the trustee of a technical consulting contract shall complete the consulting report or answer questions within the agreed time limit, and the client of a technical consulting contract shall clarify the consulting questions, provide technical background materials and relevant technical materials and pay remuneration as agreed.
4' Will electronic prescriptions be issued online? Or a preliminary diagnosis, and then guide to the hospital for physical examination? Is it compliant? Is there any legal risk?
Although Wuzhen Internet Hospital opened the first one in China? Internet electronic prescription, but this is only a pilot in the process of national reform. According to China's current relevant laws and regulations and actual operation, online electronic prescription has not been liberalized. Article 14 of the Administrative Measures for Internet Diagnosis and Treatment (Trial) (Draft for Comment) issued on 20 17 also stipulates that medical institutions may not carry out Internet diagnosis and treatment activities for first-time patients. When the patient's condition changes and medical personnel need to check face to face, medical institutions and their medical personnel should immediately terminate the Internet diagnosis and treatment activities and guide patients to medical institutions. And the United States and other countries also advocate that doctors should not directly use remote diagnosis and treatment to diagnose patients without personal diagnosis. The online medical consultation service of Peking University Third Hospital is also characterized by some simple online graphic consultation, and then combined with the platform to view hospital information and doctor details? The function of guiding patients to the hospital for physical examination. According to the existing laws and regulations, there is no violation of laws and regulations in this practice, but this model may have some conflicts with the graded diagnosis and treatment system advocated by China while enhancing the accessibility of high-quality medical resources. Because the Opinions on Promoting Telemedicine Service in Medical Institutions stipulates that one of its purposes is to use telemedicine as an important means to establish a graded diagnosis and treatment system? ; Article 19 of the Administrative Measures for Internet Diagnosis and Treatment (Trial) (Draft for Comment) also stipulates that medical institutions should carry out Internet diagnosis and treatment activities in accordance with the relevant provisions of graded diagnosis and treatment, and adapt to their functions and tasks.
5' Are there any partners in this project, especially social third parties? What should we pay attention to in legality?
According to the official introduction of Peking University Third Hospital, its reproductive medicine center, with the strong support of the hospital's own information center and outpatient department, took the lead in launching online medical consultation function and realizing telemedicine service by using mobile Internet. It can be seen that there is no partner in this project. In fact, for medical services such as online medical consultation, public hospitals can completely rely on their own strength, which greatly reduces the risk of patient privacy information disclosure caused by the introduction of third parties. Of course, the hospital itself should also pay attention to strengthening the safety management of patients' personal information, and rationally use the obtained patient information with the informed consent of patients to safeguard the legitimate rights and interests of patients.