Circular No. 14/2019/TT-BYT amends and supplements some articles of Circular No. 37/2018/TT-BYT dated November 30, 2018, issued by the Minister of Health, stipulating the maximum price range for medical services for diagnosis and treatment not covered by the Medical Insurance Fund in state-run healthcare facilities and guiding the application of prices and payment of costs for diagnosis and treatment in certain cases.

CIRCULAR

AMENDING AND SUPPLEMENTING CERTAIN PROVISIONS OF THE CIRCULAR NO. 37/2018/TT-BYT DATED NOVEMBER 30, 2018 OF THE MINISTER OF HEALTH ON THE MAXIMUM FRAMEWORK PRICES FOR MEDICAL SERVICES OUTSIDE THE SCOPE OF PAYMENT BY THE NATIONAL HEALTH INSURANCE FUND IN STATE MEDICAL ESTABLISHMENTS AND GUIDELINES FOR APPLYING PRICES AND PAYING COSTS FOR MEDICAL SERVICES IN SOME CASES

Pursuant to the Law on Medical Examination and Treatment dated November 23, 2009;

Pursuant to the Price Law dated June 20, 2012;

Pursuant to Decree No. 85/2012/NĐ-CP dated October 15, 2012 of the Government on the operational mechanism and financial mechanism for public health institutions and prices of medical services provided by public medical establishments;

Pursuant to Decree No. 16/2015/NĐ-CP dated February 14, 2015 of the Government stipulating the self-management mechanism of public service units;

Pursuant to Decree No. 149/2016/NĐ-CP dated November 11, 2016 of the Government amending and supplementing certain provisions of Decree No. 177/2013/NĐ-CP dated November 14, 2013 of the Government detailing and guiding the implementation of some articles of the Law on Prices;

Pursuant to the Government's Decree No. 75/2017/NĐ-CP dated June 20, 2017 stipulating the functions, tasks, powers, and organizational structure of the Ministry of Health;

Pursuant to Resolution No. 70/2018/QH14 of the National Assembly on the state budget estimate for 2019;

Based on Decree No. 38/2019/NĐ-CP dated May 9, 2019 of the Government on the basic salary for civil servants, public officials, and members of the armed forces;

Pursuant to Notification No. 226/TB-VPCP dated July 4, 2019 of the Office of the Government on the conclusions of Deputy Prime Minister Vu Dinh Hue - Head of the Steering Committee for Price Management at the Steering Committee for Price Management meeting on July 3, 2019;

The Minister of Health issues this Circular amending and supplementing certain provisions of Circular No. 37/2018/TT-BYT dated November 30, 2018 of the Minister of Health on the maximum framework prices for medical services outside the scope of payment by the National Health Insurance Fund in state medical establishments and guidelines for applying prices and paying costs for medical services in some cases (hereinafter referred to as Circular No. 37/2018/TT-BYT).

Article 1. Amending and supplementing Article 2 as follows:

1. Replacing the annexes issued together with Circular No. 37/2018/TT-BYT with the annexes issued together with this Circular:

a) The maximum framework price for medical examination and health check-up services specified in Annex I issued together with this Circular;

b) The maximum framework price for daily bed charges for treatment specified in Annex II issued together with this Circular;

c) The maximum framework price for technical and laboratory services specified in Annex III issued together with this Circular;

2. Adjusting the notes of the following items: Item 61 regarding mitral valve repair surgery via endoscopy; Item 62 regarding mitral valve replacement surgery via endoscopy; Item 63 regarding atrial septal defect closure surgery via endoscopy; and adding notes for some services in Items 64, 65, and 66 of Annex IV issued together with this Circular.

Article 2. Amending Point a Clause 4 of Article 3 as follows:

"a) Salary grade, position allowance, contributions according to the regulations stipulated by the State for public institutions and the basic salary level prescribed in Decree No. 38/2019/NĐ-CP dated May 9, 2019 of the Government on the basic salary level for civil servants, public officials, and members of the armed forces;"

Article 3. Amending and supplementing Article 6 as follows:

1. Amending Point b Clause 5 as follows:

"b) In the Emergency Department or Intensive Care Unit, if there are beds used for intensive care; postoperative beds for special surgeries that meet the requirements of intensive care beds as defined in the Emergency, Intensive Care, and Poison Control Regulations issued together with Decision No. 01/2008/QĐ-BYT dated January 21, 2008 of the Minister of Health."

2. Supplementing Clause 15 as follows:

"15. For postoperative beds in the surgical ward after performing 'Phaco Cataract Surgery', apply the price of 'Postoperative Surgical Ward Bed, Burn' of type 3 corresponding to the hospital level as specified in Annex II issued together with this Circular."

Article 4. Implementation provisions

This Circular takes effect from August 20, 2019.

Article 5. Transitional Provisions

1. Continue to apply the list of medical techniques for examination and treatment equivalent in procedural technique and cost as prescribed in Decision No. 140/QĐ-BYT dated January 15, 2019 of the Minister of Health on the issuance of the List of Equivalent Techniques for Implementation of Circular No. 37/2018/TT-BYT.

2. During the period awaiting the competent authority's decision on the prices of medical examinations and treatments as prescribed in this Circular, medical establishments may continue to implement the previously prescribed prices until the competent authority decides on the prices as prescribed in this Circular.

Article 6. Reference Provisions

In case the legal normative documents and regulations cited in this Circular are amended, supplemented, or replaced, they shall be applied according to the new legal normative documents. During the implementation process, if there are difficulties or obstacles, please report them to the Ministry of Health for consideration and resolution.

During the implementation process, if there are difficulties or obstacles, please report them to the Ministry of Health for consideration and resolution./.