Difference in bidding for drugs and medical equipment between public and non-public facilities

Delegate Tran Khanh Thu (Thai Binh Delegation) is interested in the amendment and supplement of the Law on Bidding in Clause 2, Article 55 of the Law on Bidding regarding the regulations on retail sale of drugs at pharmacies of public hospitals.

Ms. Thu said that purchasing drugs for retail sale at hospital pharmacies uses legal revenue sources but is still subject to Article 2 of the Law on Bidding, so it is difficult to implement.

Ms. Tran Khanh Thu speaks (Photo: Quang Vinh)

Besides, according to Ms. Thu, if the draft Law is amended to apply direct procurement, it will not be able to solve the difficulties in procurement at public health facilities, including purchasing drugs for drug retail establishments at public hospital pharmacies.

Ms. Khanh Thu raised two issues. Accordingly, the first is that direct procurement is not a price-fixing method. “There is no form of price fixing in the bidding regulations. Direct procurement is also a form of contractor selection, so it is necessary to carry out the procedures and order of contractor selection such as: developing a plan and it is difficult to determine the needs to develop a plan; organizing appraisal, approving contractor selection; issuing documents, evaluating documents, proposing and appraising as well as approving contractor selection results. The time of the steps cannot be shortened,” Ms. Thu assessed.

In particular, Ms. Thu pointed out that while hospital pharmacies not only serve inpatients but also outpatients, patients' relatives and other subjects, there is currently no form for direct purchases.

The second issue, Ms. Thu mentioned, is that hospital pharmacies operate in the form of tax-paying businesses, so the goods sold here include the cost of organizing the bidding and the costs and taxes of the business establishment will be calculated on the product price. People will have to pay this additional cost. "The legal source of revenue of public autonomous units also has other sources of revenue such as: canteens, grocery stores. If the scope of Article 2 of the Bidding Law is applied, the products here are also subject to application" - Ms. Thu analyzed.

According to Deputy Tran Thi Nhi Ha (Hanoi Delegation), we are currently witnessing a clear difference in the bidding and procurement of drugs and medical equipment between public and non-public facilities. While public facilities face many difficulties in bidding, leading to a shortage of drugs and medical equipment, non-public medical facilities ensure adequate drugs and equipment, even rare drugs and modern medical equipment.

Ms. Tran Thi Nhi Ha speaks (Photo: Quang Vinh)

In addition, Ms. Ha cited that although one of the bidding principles is to ensure economic efficiency, private facilities using conventional procurement methods can purchase some medical equipment at cheaper prices than public facilities. "The question of why this is so has not been answered definitively and remains a big challenge for bidding work," Ms. Ha raised the issue.

From there, Ms. Ha proposed to add a regulation in the Bidding Law requiring not only public facilities but also private medical facilities to post information about procurement results. This is also an important database that is valuable in management and reference, creating transparency and limiting negative aspects in bidding, ensuring adequate medicine and medical equipment for medical examination and treatment.

Hospital confused in buying medicine

Ms. Tran Thi Nhi Ha also said that the regulations in Clause 1, Article 2 and Clause 2, Article 55 of the Law on Bidding have caused a lot of confusion for hospitals because the purchase of drugs from hospital pharmacies also uses legal sources of revenue.

“According to Clause 1, Article 2, all activities of selecting contractors using capital from legal sources of revenue of the unit must apply the bidding law, while the regulation in Clause 2, Article 55 allows the facility to decide on its own procurement. When implementing in practice, many health departments and medical examination and treatment facilities have sent official dispatches to the Ministry of Health and the Ministry of Planning and Investment reflecting difficulties and inadequacies, requesting guidance on this content” - Ms. Ha analyzed and said that the current situation of hospital pharmacies is lacking many types of drugs and medical equipment to serve the needs of patients.

From there, Ms. Ha proposed to amend Clause 2, Article 55 in the direction: "For the purchase of vaccines for vaccination in the form of services; purchase of drugs, medical equipment, cosmetics, functional foods, and other essential goods at retail establishments within the premises of public medical examination and treatment facilities, medical examination and treatment facilities are allowed to decide on their own purchases to ensure publicity, transparency, economic efficiency, and accountability without having to apply the forms of contractor selection as prescribed by the Law on Bidding".

Ms. Pham Khanh Phong Lan speaks (Photo: Quang Vinh)

Delegate Pham Khanh Phong Lan (Ho Chi Minh City Delegation) also pointed out that pharmacies and drug retail establishments at hospitals no longer lack any form of management. In fact, some people asked why there was no shortage of drugs for so many years, but now there is a shortage of drugs?

According to Ms. Lan, we cannot blame Covid-19 or the shortage of goods due to war, but we must recognize that we are making things difficult for ourselves. “No country can manage a single pill in a hospital in such a haphazard manner. Ultimately, the number one goal is to ensure the improvement of people's health and ensure quality medicine. What about the price after years of tireless bidding, what have we seen as savings? Or is it a series of officials who have been wronged because they fell before bidding? Bidding is not the only or best way. If we only focus on reducing prices, it will be the premise for reducing quality,” Ms. Lan said.

Source: https://daidoanket.vn/chenh-lech-dau-thau-thau-thuoc-thiet-bi-y-te-giua-co-so-cong-lap-va-ngoai-cong-lap-10293924.html