Proposed Amendments to Decree 96/2023 on Medical Examination and Treatment Laws
On May 9th, at a workshop to gather opinions on amending Decree 96/2023 guiding the implementation of the Law on Medical Examination and Treatment, Mr. Ha Anh Duc, Director of the Department of Examination and Treatment Management (Ministry of Health), stated that after more than a year of enforcement, several provisions in the decree and Circular 32/2023 have revealed shortcomings and need to be amended and supplemented. The areas open for feedback include: Professional qualifications, practice registration, facility operating conditions, specialist physician practice, licensing procedures, administrative penalties, license revocation, and professional practice.
In the draft amendment to Decree 96, the Ministry of Health proposes to supplement the conditions for qualifications to participate in the assessment for granting professional practice permits for professional titles. According to current regulations, the recognition of foreign-issued qualifications is challenging due to the lack of a basis for equivalence comparison under the national qualification framework. Some qualifications in the health field, even when recognized, remain unclear regarding the level of medical doctor. Moreover, as the training process involves both assessed and non-assessed phases, reconsideration of their division is necessary.
Registering for medical examination at a healthcare facility
A notable proposal in the draft amendment is the adjustment of regulations on pricing authority for medical examination and treatment services. Currently, the Provincial People’s Council is assigned to set specific prices for medical examination and treatment services when the Ministry of Health has not issued prices, or for services performed by local facilities that do not belong to the system of the Ministry of Health or other central ministries and sectors. According to this draft, the Ministry of Health will set specific prices for medical examination and treatment services covered by health insurance funds and state budget payments, as well as for services not included in the health insurance benefit package but not on-demand services, applicable to facilities directly under the Ministry of Health.
For facilities belonging to other ministries and sectors, the draft clearly states that the prices for medical examination and treatment services should not exceed the levels set by the Ministry of Health. The Provincial People’s Council will continue to set prices for state-owned facilities in the locality if the Ministry of Health has not issued any regulations, or in cases where the service is not provided by facilities under the Ministry of Health but there is a local demand for it. The draft also stipulates that the authorized agency will set prices for health insurance-covered services according to the technical division of the medical facility. Medical facilities must establish a pricing plan if they propose to set prices for services, based on the technical division and the list of health insurance reimbursements.
