定点医疗机构与定点零售药店服务协议的性质及救济探讨

根据现行规章,文章将定点医疗机构与定点零售药店协议定义为行政合同,并分析了该行政合同产生的行政权基础、性质、特点,探讨了在目前司法体制下对定点协议的救济方式及存在的缺陷,以及医疗保险经办机构可以采取的相关措施和利弊分析,以利于医疗保险经办机构充分利用协议做好管理工作.

Discussion on Nature and Relief of Service Agreement of Contracted Medical Institutions and Contracted Drugstores

According to present rules, this paper defines service agreement of contracted medical institutions and contracted drugstores as administrative contract. The paper analyzes the administrative right basis of formation of the contract, nature and characteristics. The paper also discusses the relief methods to the contracted agreement and existing defects according to present judicatory system, and relevant measures done by medical insurance operative organizations and its advantages and disadvantages, which is helpful to doing well management for medical insurance operative organizations.