"Customized" bidding, inventory of new corruption methods in medicine: using scientific research funds to engage in "elegant bribery" in medicine | medical | elegant bribery
When discussing kickback matters, choose to have a face-to-face meeting in a place without a camera; When receiving kickbacks, choose to stay on the suburban road without getting off, collect money and leave without any language communication throughout the journey; By utilizing the strong barriers of medical professionalism, specific conditions such as "technical parameters" and "efficacy parameters" are cleverly set in the bidding of medical supplies, medical instruments, etc., and "customized" bidding screening rules are added, indirectly achieving the goal of long-term cooperation and mutual benefits with "designated" pharmaceutical companies... A number of unheard of new forms of corruption have entered the public eye through this medical anti-corruption storm.
According to the official website of the Central Commission for Discipline Inspection, on July 28th, a video conference was held in Beijing to mobilize and deploy the coordination of disciplinary inspection and supervision agencies in carrying out the centralized rectification of corruption in the national pharmaceutical industry. The focus of this anti-corruption campaign is to highlight three aspects - all areas, all chains, and all coverage. We will closely monitor leading cadres and key personnel, and adhere to joint investigations of bribery and bribery.
On July 21st, the National Health Commission and 10 other departments jointly held a video conference to deploy a one-year centralized crackdown on corruption in the national pharmaceutical industry. Prior to this, there were obvious signs of medical anti-corruption. According to media statistics, more than 100 hospital deans and secretaries have been investigated nationwide so far this year, more than twice the number for the entire year last year.
Under the unprecedented depth and breadth of medical anti-corruption, new and covert methods of interest transmission and corruption have been exposed. The website of the Central Commission for Discipline Inspection and the National Supervisory Commission has published an article stating that the transmission of hidden interests in the medical field will be strictly investigated.
Customized bidding
Concealment of Bribery and Bribery
According to the website of the Central Commission for Discipline Inspection and the National Supervisory Commission, Huang Xianfeng, member of the Standing Committee of the Yuhuan Municipal Party Committee, Secretary of the Municipal Commission for Discipline Inspection and Director of the Supervisory Commission, introduced that "customized" bidding refers to the use of strong medical professional barriers to cleverly set specific conditions such as "technical parameters" and "efficacy parameters" in bidding for medical supplies, medical instruments, etc., using the guise of "technology" and "efficacy", and adding "customized" bidding screening rules, indirectly achieving the goal of long-term cooperation and mutual benefits with "designated" pharmaceutical companies.
The concealment of bribery and bribery is another way of conveying hidden benefits.
When discussing kickback matters, choose to have a face-to-face meeting in a place without a camera; When receiving kickbacks, choose to stay on the suburban road without getting off, collect money and leave without any language communication throughout the journey. This is a case of covert interest transfer in the medical field disclosed by the website of the Central Commission for Discipline Inspection and the National Supervisory Commission on February 6th. The protagonist of the case is He Xianwei, former director of the People's Hospital of Huzhong District in the Greater Khingan Mountains region of Heilongjiang Province.
According to reports, He Xianwei usually wears ordinary clothes and lives frugally. But in reality, he began receiving kickbacks from pharmaceutical companies in June 2014. He once took the initiative to contact He, the chairman of a pharmaceutical company in Heilongjiang Province, using the threat of "no kickbacks, no medication", and ultimately agreed that He would provide 15% of the total amount of drugs purchased by the hospital as a kickback to He Xianwei. Afterwards, He Xianwei followed suit and reached out to accept kickbacks from the heads of two other pharmaceutical companies. It's also about meeting on the suburban road, not talking, not getting off the car, and taking the money and leaving.
According to the task force, in order to reduce exposure risks, He Xianwei met with the pharmaceutical company to discuss kickbacks and chose places without cameras; When receiving kickbacks, it is required to meet separately, use different phone numbers for each contact, and the transaction location is on the highway at the junction of the two districts; The transaction is fast and completed within a few tens of seconds, with no verbal communication. You can leave without getting off the car and collecting money; The rebates are all in cash and deposited into banks outside the city through relatives.
In 2019, with the improvement of the national drug procurement management system, the profit margin of drug suppliers after "centralized procurement" became smaller. After giving He Xianwei a 15% rebate, the drug dealers had almost no profit to speak of. He had been wanting to negotiate with He Xianwei to reduce the rebate ratio, but every time he met, He Xianwei remained silent and immediately left after receiving the money, lasting less than 10 seconds.
One day in December 2020, He arrived at the agreed location ahead of schedule, thinking that this time he would make He Xianwei reduce the rebate ratio. He Xianwei's car finally appeared. After the car came to a stop, He drove closer and skillfully placed the black plastic bag with the buckle on the passenger seat of He Xianwei's car from the passenger window: "Dean He, let's talk..." Before he could finish speaking, he was interrupted by a "sh" sound. He made a "silent" gesture with his index finger, then waved his hand and drove away.
According to He Xianwei's confession, he once received kickbacks from a pharmaceutical representative named "Xiao Zhang". Inquire who the person is, only knowing that it is a woman in her 40s, without knowing her real name or contact information. Based on the estimated delivery time and relevant information of the last time, the investigators retrieved more than 300 photos. After being identified by He Xianwei, "Xiao Zhang" was not among them. The investigators expanded their scope and in over 3000 photos, He Xianwei recognized "Xiao Zhang" at a glance. Xiao Zhang's real name is Wu, and he is a special relationship person of Zhang, a pharmaceutical representative of a certain company. Originally, Zhang was worried that his appearance would raise suspicion, so he asked Wu to come forward. To cover up, Wu appeared again as "Xiao Zhang".
In July 2021, while investigating another case, a briber voluntarily confessed to bribing He Xianwei. After the incident, after investigation by the disciplinary inspection and supervision authorities, it was found that He Xianwei received drug rebates and illegally intervened in the hospital's renovation and expansion projects during his tenure as the hospital director, totaling over 3.7 million yuan in benefits.
With the increasing efforts to investigate and punish corrupt practices in the medical field, the transmission of benefits in the medical field is gradually becoming more covert, and the means of bribery and bribery for both parties are being innovated. For example, Ma Linkun, former vice president of Fuwai Cardiovascular Disease Hospital in Yunnan Province, was content to be "hunted down" and enjoyed the support and flattery of illegal drug dealers to the extreme. He used his power to use medical equipment, drugs, and consumables procurement access qualifications as bargaining chips, formed long-term interest alliances with illegal drug dealers, sought intermediaries as "firewalls", acted as "shadow shareholders", colluded internally and externally to accept bribes, and engaged in "option corruption".
Engaging in "bribery" in the form of research funding and consultation fees
Put on a legal cloak for the transmission of benefits
The National Health Commission issued the "2023 Key Points for Correcting Irregular Practices in the Field of Pharmaceutical Purchasing and Sales and Medical Services" in May this year, which emphasized the issue of improper practices in the work or promotion of entrusted matters by business supervisory departments of various levels and types of industry organizations or societies, especially in the disguised distribution of funds under the guise of "donations", academic activities, holding or attending conferences, providing a platform for illegal transfer of benefits, and illegally accepting donations and subsidies. Some abusive pharmaceutical academic conferences actually have many impacts on admission, pharmacy meetings, and clinical prescriptions through monetary transfers or networking.
Recently, the Guangzhou Municipal Administration for Market Regulation issued an "Administrative Penalty Decision", which determined that Guangzhou Yueda Medical Equipment Co., Ltd. paid a "consultation fee" of 35000 yuan to personnel of a hospital in Guangdong Province, constituting commercial bribery. The Guangzhou Municipal Administration for Market Regulation ordered Guangzhou Yueda Medical Equipment Co., Ltd. to immediately rectify its illegal behavior, confiscate more than 2.88 million yuan of illegal gains, and impose a fine of 2.15 million yuan, totaling more than 5.03 million yuan.
On November 17, 2022, the State Administration for Market Regulation released the "Typical Cases of the 2022 Special Law Enforcement Action against Unfair Competition", which disclosed the commercial bribery case of Hefei Beisien Medical Technology Co., Ltd.
It is reported that in May 2020, Hefei Beisien Medical Technology Co., Ltd. signed an agreement with the Ear, Nose and Throat Department of a certain county People's Hospital to pay scientific research fees to promote the sales of its corrective ear models in the county People's Hospital. The sales period is from June 2020 to August 2021. During this period, Hefei Beisi'en Medical Technology Co., Ltd. sold a total of 178 corrective ear models in the county hospital. Bai, a staff member of Hefei Beisi'en Medical Technology Co., Ltd., paid a research fee of 35000 yuan to the ear, nose and throat department of the county hospital in cash in two installments. At present, the behavior of doctors in the otolaryngology department of the People's Hospital of the county accepting sponsorship fees from the parties involved has been transferred to the hospital's disciplinary inspection department for further investigation and disposal. Hefei Beisien Medical Technology Co., Ltd. was also fined 300000 yuan.
According to a search by Red Star News reporters, in November 2022, the State Administration for Market Regulation reported 5 typical cases of special law enforcement actions against unfair competition, of which 2 were commercial bribery incidents that occurred in the medical and health industry in the form of research sponsorship and payment kickbacks.