The officers of Price Bureau abuse one's power " forced quotation medicine " Let the patient draw a million more

The officers of Price Bureau abuse one's power " forced quotation medicine " Let the patient draw a million more
"How is this medicine sold expensively in this way in Suzhou? There must be a question inside! " Last year, there are the masses that reflected, A of Suzhou was very mould to usually cost an arm and a leg, took more than of expensive previous time more compared with the other places, and this medicine should receive government's forced quotation. The procuratorial organ launched the investigation immediately, the final goal fell on the body of the nuclear price officers of Price Bureau. And court assert by the end of March of 2008, Suzhou 14 medical organization it sells at high price such and by name to be " also blue and green Europe " from will it be the second half 2007 try, A getting moulder very plain,it is pay more 969079.9 yuans to the medicine not to cause by patient. A small antibiotic, involve a case of abusing one's power.
[After the bid ] Medicine price will be turned over more than one time at once
Will it be June 2007, Suzhou the intersection of medicines and government procurement begin, call for bid 2007 such as city, every pharmaceuticals join calling for bid own medicines one after another, among them a style of a pharmaceuticals of Suzhou is called " Also Europe is blue and green " Medicines but also select. This medicine was produced by enterprise of a pharmacy of Shandong, in fact it is very mould plain phosphoric acid two hydrogen sodium powder injection of A. This medicine is transferred to this company of Suzhou to be regarded as the local delivery trader after a pharmaceuticals in Wuxi obtains the general agent of Jiangsu, have participated in the local government of Suzhou to call for bid.
Very mould plain phosphoric acid two hydrogen sodium of A, it is exactly antibiotic medicine A's very mould and plain " relative " ,When municipal Price Bureau of Suzhou just began the nuclear price, included this medicine in very mould plain type medicine, and A's very mould plain type medicine, it was the government issused price that was implemented.
In " notice on reducing 22 kinds of medicines retail prices such as being hard of furan for a spore of committee of national development and reform " carried out from October 10, 2005, have it to the regulation of very mould plain price of A: The forced quotation of the supreme retail is 16 yuan (125mg one) , 27.2 yuan (250mg one) , 46.2 yuan (500mg one) .
However, in August of 2007, municipal Price Bureau of Suzhou announced the ceiling price of thousands of kinds of medicines winning a bid, " also Europe is blue and green " Three kind type price but respectively for 39.7, 67.9 yuans of, 106 yuan,it is last more than one times not to compare by country legal prices supreme. This price is carried out within the range of public hospital of Suzhou soon, the Suzhou patient who buys this medicine has to draw more more money.
[Make a decision without authorization ] Three copies change prices
The origin that the price doubles, lie in former vice section chief's mats of agricultural product price of municipal Price Bureau worker of Suzhou are on the some bodies. In March of 2003, served as the place vice section chief of agricultural product price of municipal Price Bureau worker of Suzhou in young and promising some mats, will let the price of Suzhou authorize the centre director in 2008.
Wuxi person in charge of this pharmaceuticals Wu is while accepting the investigation of procuratorial organ afterwards, say the whole story of this thing. Wu says, as she hears " Europe will be blue and green " in Suzhou Price Bureau After including very mould plain type medicine in A, worry about in the heart a bit, because this means " Europe is blue and green " Price last forced quotation on country is legal. For this reason Wu has gone to find some mat responsible for this, she provides materials for some mats, attempt to prove " Also Europe is blue and green " It is enterprise's independent pricing.
Three materials that Wu offered are all copies: Shandong Price Bureau medicines' price is put on record what the office provide " Prove " , invent the letter of patent, enterprise's independent pricing medicines price list. She finds the mat some says, she knows this medicine carries out enterprise's independent pricing in the place to have, hope some mat can be reconsidered.
Some mat has not verified these three copies afterwards, have not gone to report the procedure that asked for instructions, but agreed with the asking and entrusting of Wu acting on one's own. " also Europe is blue and green " Have passed and called for bid smoothly finally, and appear at the price doubled in front of the terminal patient.
[Argue fiercely ] Dispute the chemical problem in the court
Some initiation of public prosecution to the mat of crime by abusing one's power finally of flat procuratorate of river district of Suzhou, during trying in the court, the intersection of A and very mould plain the intersection of phosphoric acid and two the intersection of hydrogen and sodium of person who wade, the intersection of A and very mould plain the same kind of medicines on earth, accuse of by focus of debating the ones of both sides to dispute on.
The defender proposes, very mould plain phosphoric acid two hydrogen sodium and A of A are too very mould to usually belong to the same kind of medicines, the evidence is three copies which Wu showed originally. Defender say because the two the same as a medicine, composition " also blue and green Europe " for the former then ,Shouldn't carry out the government issused price naturally, some mat does not form crime of abusing one's power.
And the procuratorial organ one has moved out of what the national development and reform committee issues>. Among them article 3 points out: Implement Western medicine of the government issused price or government guided price, medicines preparation that the chemical composition expressed in all Chinese common names or English international non- patent medicine names is the same, it is the same to classify as the same kind of medicines (chemical composition, salt base while naming, acid radical and dissolve matchmakers differently, classify as the same kind of medicines) .
The procuratorial organ has asked the expert specially. The expert explains, by the look of manual, very mould plain phosphoric acid two hydrogen sodium of A is the same as A's very mould plain chemical composition, " phosphoric acid two hydrogen sodium " It is a suffix " The salt base " ,According with>The same kind of medicines regulation of China.
The procuratorial organ says, because " Europe is blue and green " It is exactly very mould and plain in A similar medicines, so should carry out the government issused price, there is obviously behavior of abusing one's power in checking this in some mats.
On February 10 this year, the flat court of river district of Suzhou asserts the crime that some composition of mat abuses one's power, first instance is sentenced to fixed-term imprisonment for 1 and a half years, reprieve for 1 and a half years. Recently, court kept adjudiacating the second instance in the first instance.
Afterwards, the procuratorial organ puts forward to municipal Price Bureau of Suzhou and strengthens management, clogging loophole, builds the chapter to set up the procuratorial work suggestion made on the issue to expose in this case, and Price Bureau has made a set of working systems and procedure norms of restricting supervision mechanism while aiming at perfecting the management system of running of power, improving soon.
[Review ] Legislate to lag behind The patient pays a million claim to have no door more
Court assert by the end of March of 2008, Suzhou 14 medical organization it sells at high price to be " also blue and green Europe " from will it be the second half 2007 try, ,Cause the patient to pay 969079.9 yuan more for this medicine. As the person directly responsible of this, some mat has already been punished by the law, pay more patient to wrong money, to the innocent, by who come, undertake the loss?
The money of Nanjing is coordinated Zhang MingWen, Deputy Director of lawyer's office, and said: "" State Compensation Law " stipulates: Government office and state personnel exercise authority, infringe citizen, legal person, other legitimate rights and interests of organization, cause damage illegally, the victim has right to make State Compensation according to this law. "
According to this regulation, the injured patient seems to have the right
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