| At present,with the advancement of medical reform,the level of primary medical services in China has been significantly improved,but the contradiction between the insufficient supply of medical and health resources and the growing health needs of the people has not disappeared.The phenomenon of insufficient total high-quality medical resources,unreasonable structure and unbalanced distribution still exists.Public hospital trusteeship,as an important means of high-quality medical resource allocation,is an important step and institutional innovation to deepen medical reform.Since the first hospital trusteeship model was launched in Wuxi in 2001,some localities have also made useful attempts.A variety of localized hosting models have achieved considerable results.However,since the trusteeship model of public hospitals is still in the stage of exploration and development,neither the macro policy nor the current laws have specified the model,and a mature operating system has not yet been formed,together with a considerable part of the hospital’s legal risk awareness is relatively weak,the more legal risks exist in the actual operation,which will inevitably affect the effective development of public hospital custody.The author makes a comprehensive analysis on the legal risk of trusteeship of public hospitals by combining the related discussions of scholars,the investigation of six trusteeship practice projects of two Beijing hospitals and the relevant cases of judicial documents network.The legal risk analysis of public hospital trusteeship mainly focuses on the common legal risk of large hospital trusteeship in small and medium-sized hospitals,supplemented by the unique legal risk of hospital management group trusteeship in public hospitals.In the analysis of common legal risks of trusteeship mode in large hospitals for small and medium-sized hospitals,four kinds of legal risks including improper choice of partners,personnel legal risks,financial legal risks and legal risks of diagnosis and treatment behavior are put forward,and the latter three kinds of legal risks are refined.The legal risks of employee objection,employee injury,employee compensation,staff turnover,hospital brand,trusteeship fee,behavior beyond the scope of diagnosis and treatment,multi-point practice of nurses,use of hospital preparations and telemedicine are put forward.In the analysis of the unique legal risks of the model of trusteeship of public hospitals by the hospital management group,two types of legal risks,including the legal risks of interest damage and the legal risks of workers’rights protection,are put forward.In view of these common legal risks,combined with the relevant experience of foreign public hospital trusteeship and some scholars’ relevant expositions,it is proposed to establish various sound laws and regulations,rules and regulations,and establish various reasonable mechanisms,including cooperation object selection mechanism and public hospital compensation.Mechanism,expatriate incentive mechanism,guarantee the orderly conduct of public hospital custody under the premise of legal compliance,and propose to set up a full-time legal affairs department and establish a sound legal risk management system for hospitals and enterprises to achieve legal risks for trusteeshipof public hospitals.Effective prevention and control,to prevent in advance,control in the event,and remedy afterwards.This paper is divided into four chapters.The first chapter analyzes the definition and existing model of public hospital trusteeship,and summarizes it.The second chapter discusses the legal relationship oftrusteeship in public hospitals,and combines the existing trusteeshiplaws.The relationship further analyzes the distribution of the rights and obligations of the subject and subject of public hospitaltrusteeship,and analyzes the validity of the trusteeship contract.The third chapter begins with the definition of legal risk,and then analyzes the legal risk of trusteeshipin public hospitals;The fourth chapter is to improve the legal risk prevention and control measures of public hospital trusteeship in China by combining the experience of foreign public hospital trusteeship. |
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