Quyết định 6197/QĐ-BYT 2016 về Quản lý dịch vụ thuê, khoán bên ngoài tại bệnh viện

THE MINISTRY OF HEALTH

Decision No.6197/QD-BYT dated October 17, 2016 of the Ministry of Health on the promulgation of guidance on the management of outsourced hospital services

Pursuant to Decree No.63/2012/ND-CP dated August 31, 2012 by the Government prescribing the functions, duties, power and organizational structure of the Ministry of Health;

At the request of the Director General of the Medical Services Administration;

DECISION:

Article 1.Issued under this Decision is “Guidance on the management of outsourced hospital services.”

Article 2.This Decision takes effect on the signing date.

Article 3.The following individuals: Chief of the Ministry Office, Director General of the Medical Services Administration, Chief Inspector of the Ministry and Directors General, Managers, Director General of the Ministry of Health, Directors of hospitals under the Ministry of Health, Directors of Departments of Health of provinces, central-affiliated cities, heads of branches’ health sections, heads of relevant agencies are responsible for the implementation of this Decision.

For the Minister

The Deputy Minister

Nguyen Viet Tien

GUIDANCE

ON THE MANAGEMENT OF OUTSOURCED HOSPITAL SERVICES
(Issued under Decision No. 6197/QD-BYT dated October 17, 2016 by the Minister of Health)

I. Definitions and types of outsourced hospital services

1. Definitions and general provisions

- Outsourced hospital services are hospital services provided in part or in whole by external service providers (hereinafter referred to as "service providers") under contracts with the hospital.

- Providers of outsourced services are individuals, organizations or enterprises hired by the hospital to provide such services.

Outsourced hospital services include services meant to support the management of the hospital and serve the need of patients and their families during their medical examination and treatment at the hospital.

- Outsourced services shall meet the following conditions: the services shall be carried out professionally; the quality and the price of services shall satisfy the condition of the hospital; services shall be able to fulfill the need of the hospital, of the patient and their families.

- Collection and use of proceeds from outsourced services shall be transparent, publicly open and compliant with the regulations.

2. Types of outsourced services

- Security services;

- Industrial cleaning and surrounding cleaning services; Laundry services;

- Embalming services for people who die at the hospital;

- Patient transfer services without medical assistance;

- Patient transfer services with medical assistance;

- Food and beverage services;

- Parking services;

- Banking services to support patients’ payment process;

- Good-providing services, storage rental;

- Postal and telecommunications services;

- Other types of services.

II.Criteria for service provider selection

1. A service provider shall have the capacity to provide the services.

a) Service provider selection is specified in the regulations of the law regarding bidding, including the Law on Bidding and guiding documents applicable for each type of service in one of these forms: Open bidding; Limited Bidding; Direct Contracting or Shopping.

b) A service provider shall have the capacity to provide the services as follows:

- The service provider shall have legal entity status; suitable services; business license for provision of conditional services as prescribed by law. For instance: Food and beverage service establishments shall have certificate of fulfillment of food safety conditions, etc.

- The service provider shall have sufficient transport, equipment and manpower to provide the services. For instance: For patient transfer service with medical assistance, there shall be sufficient medical equipment and supplies in the ambulance according to the regulations by the Ministry of Health (Decision No. 3385/QD-THE MINISTRY OF HEALTH dated September 18, 2012 by the Minister of Health promulgating list of medication, emergency equipment and equipment needed to perform paramedic procedures in the ambulance).

- The service provider shall be financially capable.

c)  The service provider shall ensure the quality of their service and ensure that:

- There are technical standards and quality requirements for each type of service which shall be agreed on by both parties.

- There are procedures of self-inspection, supervision, quality management and handling of problems, etc.

- Services provided are fully recorded.

- They take responsibilities for the service and regularly report on the quality of the services as follows:

+ Take responsibility for damage to people’s health, life or property caused by the service provider themselves.

+ Take responsibility to the hospital for actions beyond their own competence.

+ Establish a communication channel to receive feedback from the patients and their families about the quality of the services.

+ Assign a unit to supervise, receive and handle feedback from patients or the hospital.

d) Terms of termination of contract shall be stated clearly in the contract or there shall be penalties for violations against what has been agreed on and stated in the contract between the hospital and the service provider. To be specific:

- Provision of services of poorer quality than what has been stated in the responsibility contract. Failure to satisfy technical standards.

- Collection of service charges higher than the listed prices or the market prices for that same type of service under the same conditions.

- Complaints from patients about the attitude of serving staff. Penalties shall vary depending on the seriousness or frequency of a violation that was not discovered and handled.

- Provision of compensation to the hospital for loss or damage caused by employees of the service provider (documentary evidence is required).

2. The service provider shall ensure the safety of patients.

- Employees of the service provider shall notify the hospital upon discovering incidents, signs or any other factor that are dangerous or pose threat to patients.

- There shall be instruction manual for equipment installed inside the hospital by the service provider such as electricity and water equipment, elevator, fire prevention and fighting equipment.

3. The service provider must ensure the security and order of the hospital, fire safety and public hygiene.

- Employees of the service provider shall protect the property of the hospital.

- The hospital shall be informed of the list of employees sent to the hospital to work in advance and there shall be a work schedule for employees working at the hospital.

- Employees shall wear their name tags and be provided with uniform according to the regulations of each service provider.

- The service provider shall keep the reputation of the hospital untarnished and shall not disclose information on the operation of the hospital or any other information about the hospital.

- The hospital shall not be responsible for providing accommodations, means of transport and other working equipment for employees of the service provider in the process when the service provider is providing services as agreed on by both parties.

- The service provider shall be responsible for all risks and shall pay social insurance premiums and others for its employees (security staff).

- The service provider shall take full responsibility for acts that go beyond their competence or any illegal acts.

- The service provider shall ensure all fire safety conditions are complied with in process of providing the service.

- Employees of the service provider shall be trained to use fire prevention and fighting equipment installed inside the hospital.

- The service provider shall keep the surrounding areas and public areas clean and properly handle wastes.

4. The service provider shall ensure the code of conduct is followed.

- Employees of the service provider shall be trained and given certificates by the hospital certifying that they have been trained about code of conduct and communicative skills.

- Any acts of coercion towards patients and their families are prohibited.

5. The service provider shall comply with regulations on service prices.

- Patients and their families shall be made aware of the prices of the services.

- There shall be incentives for special patients.

III. Implementation

1. Ensure transparency and openness regarding outsourced services.

- The hospital identifies services that need to be outsourced and develops a plan to contract out those services.

- The plan shall be discussed and approved by the Executive Board and Committees of Communist Party at the hospital.

2. Management of service prices:

- The hospital shall control the prices of the services and shall not let the service provider set their own prices. Some prices are specified in the regulations of the Government. For example: the price for parking service shall be provided for by the Provincial People Committee (according to the law on fees and charges).

- The following matters shall be added to the bidding document and the contract: the specific prices, obligation to collect service charges as specified in the contract, penalties for collection of incorrect service charges (possible termination of contract).

3. Management of proceeds from provisions of services: all proceeds from the service contract shall be considered revenues to exercise financial autonomy and shall be managed and recorded by the hospital as prescribed by the law on accounting. The proceeds shall not be managed by a single person or recorded through any system other than the Financial Statement System of the hospital.

4. Hospitals are encouraged to do research to provide free services for patients and their families.

5. The hospital shall have measures to control the quality of the service and the price of the service provided. To be specific: carry out regular inspections; supervise the implementation of the terms in the contract; do not grant complete autonomy to the service provider to avoid cases of inflated service prices or coercion towards the patients to use unwanted services by the service provider.

6. The Director of the hospital shall organize and supervise the provision of outsourced services at the hospital. The hospital shall manage the information regarding the outsourced services:

- Name of Service

- Service Provider

- Name of Director, Supervising Person

- Name of the hospital’s department or division that manages or cooperates in the provision of services.

- Method of service provider selection

- Type of service contract

- Duration of contract

- Contract value per year

- Technical standards applied to the outsourced services

- Criteria for quality assessment

- Number of services provided per year

- Evaluation of provision of services

7. Each department or division shall be responsible for inspection and supervision of certain services in accordance with the periodic inspection plan approved by the Director of the hospital.

8. The hospital shall promptly take actions against service providers’ acts of violations against the commitments made to the hospital or any acts of harassing patients and their families or collection of service charges against the contract, or consider unilaterally terminating the contract in such cases.