中国医生集团模式及法律风险防控建议

Interpretation and discussion about the Chinese physician group model and the prevention and control of its legal risks

本文介绍了医生集团在中国的发展状况以及模式,并分析了中国医生集团发展面临的主要法律风险及应对措施。主要法律风险表现在:医生集团的性质模糊,法律法规对其监管缺乏明确的规定;医生集团合作模式的合法性难以界定,对合同有效性和落实缺乏法律保障;受到利益驱使和法律规范的缺位,集团医生可能会非法转移病人;多点执业政策不完善也为医生集团的发展带来了法律风险。因此,本文提出以下防范措施:首先,应明确医生集团的性质、监管和税收标准;其次,对医生集团合作模式的合法性确立标准,规范医生集团的行为;最后,应该确保多点执业政策与《医师执业法》的贯通实施。

This paper introduces the development situation and mode of physician group in China, and analy- zes its main legal risks and countermeasures. The main legal risks include ： the nature of the Physician group is fuzzy and specific laws and regulations lack a clear stipulation; the legitimacy of the cooperative mode of the physician group is difficult to define and lacks legal protection for its contract effectiveness and implementation; the practice is driven by the interests and loopholes in legal norms and physicians may illegally transfer the patients; the muhipoint practice policy is not perfect and brought legal risks for the development of the physician group. Therefore, the fol- lowing measures are proposed to take adequate precautions： firstly, the nature of the physician group and its stand- ards of supervision and taxes should be identified and clarified; secondly, the legitimacy standard for the physician group should be established for its cooperation mode to standardize the doctors＇ behavioral standards; and finally, we should make sure the multipoint practice policy and physician practice law are coherent during implementation.