中国医生集团模式及法律风险防控建议

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。

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

This paper introduces the development situation and mode of physician group in China, and analyzes 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 multipoint practice policy is not perfect and brought legal risks for the development of the physician group. Therefore, the following measures are proposed to take adequate precautions:firstly, the nature of the physician group and its standards 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.