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Must close down clinics that extort money from patients and then 'change their names'

Báo Thanh niênBáo Thanh niên24/07/2023


While handling violations, "name and surname changed"

At the end of June 2023, Dinh Tien Hoang General Clinic (34-36 Dinh Tien Hoang, Da Kao Ward, District 1) was accused by a patient of "faking illnesses and extorting money". The Inspectorate of the Department of Health and the Ho Chi Minh City Police Department inspected and discovered that the clinic charged higher prices for medical examination and treatment services than the listed prices; provided medical examination and treatment services beyond the scope of expertise stated in the operating license. The clinic was fined 105 million VND, had its medical examination and treatment license revoked for 3 months; and had its medical examination and treatment practice certificate revoked for 2 months. The location of Dinh Tien Hoang General Clinic, formerly Thai Binh Duong General Clinic, also operated with the method of "faking illnesses and extorting money".

Phải dẹp được phòng khám làm tiền bệnh nhân rồi 'thay tên đổi họ'  - Ảnh 1.

Dinh Tien Hoang General Clinic has just had its medical examination and treatment license revoked by the Ho Chi Minh City Department of Health for 3 months.

In mid-July 2022, Nam Viet Clinic (202 To Hien Thanh, Ward 15, District 10) performed an abortion on a patient, causing complications. The case is being handled by the Ho Chi Minh City Department of Health Inspectorate because the clinic showed signs of operating beyond its scope of expertise. At this address, there were previously Baylor Clinic, Royal Clinic, and Nam Bo Clinic, all of which had committed many violations and were suspended many times...

Speaking with Thanh Nien reporters, the leader of the Ho Chi Minh City Department of Health said that currently in the city there are about 65 clinics with foreigners practicing medical examination and treatment from many countries around the world . Among these, there are some clinics that have been administratively fined and suspended by the Ho Chi Minh City Department of Health, but then they quickly dissolved the old company (which is actually being handled for violations), and at the same time established a new legal entity but operated in the same location to apply for a medical examination and treatment license without foreign personnel registered to practice as before.

Up to now, there are more than 10 clinics that have been regularly reported by people for some acts of non-compliance or improper compliance with the provisions of the law on medical examination and treatment. These violations are repetitive, affecting the quality of medical examination and treatment, medical service costs, unreasonable prescriptions and sales of drugs, violating medical ethics... causing dissatisfaction among patients and people. However, among these, there are 7 clinics that do not have foreign personnel registered but are still continuously reported for violations that people often call "faking illnesses and extorting money".

Phải dẹp được phòng khám làm tiền bệnh nhân rồi 'thay tên đổi họ'  - Ảnh 2.

Right at Dinh Tien Hoang polyclinic, formerly Thai Binh Duong polyclinic

Identifying the clinic's tricks of "faking illness to extort money"

The leaders of the Ho Chi Minh City Department of Health said that when checking, some clinics had repeated violations in the form of "procedures". Accordingly, when patients come to these clinics, they will first be asked to do some initial tests, and be quoted for some procedures at acceptable fees. However, after the test results are available, they take the patient to the minor surgery room and, while performing the procedure, they threaten to discover new diseases, need to do other procedures or have to pay more money to choose additional service packages such as painless, safe, more aesthetic... with unreasonably high costs. After performing the service, if the patient does not have enough money, the clinic will ask to contact the family to transfer money, keep the documents, force them to write a debt note, detain the person...

Management solutions

The Ho Chi Minh City Department of Health regularly coordinates with the police investigation agency of the district, county and Thu Duc City police, the Department of Administrative Management of Social Order (PC06) and the Department of Internal Political Security (PA03) of the Ho Chi Minh City Police to promptly detect, inspect and strictly handle establishments and individuals violating the law on medical examination and treatment. The Department also coordinates with the People's Committees of districts, counties and Thu Duc City in the management of medical examination and treatment activities. In particular, it detects and thoroughly handles clinics that show signs of "faking illnesses and extorting money" from patients or have been administratively sanctioned but do not comply with the sanction decision (secretly operating after being sanctioned and suspended by the Department of Health Inspectorate).

The Ho Chi Minh City Department of Health will also call on reputable medical facilities to increase communication about "secret" and "difficult to talk about" diseases so that patients know and come to use the services. Ensure private and confidential information for patients, even have a separate admission process and separate treatment areas so that patients can feel secure in their treatment.

According to the leader of the Ho Chi Minh City Department of Health, the common point of these clinics is that they invest heavily in advertising on social networks and are always on the top of search results, so they are easy to access and attract customers. These advertisements often focus on health issues and common but "secret" and "difficult to talk about" diseases such as andrology, gynecology, dermatology, sexually transmitted diseases, etc. In fact, these medical services are covered at all levels in the city, from health stations, clinics, district hospitals to general and specialized hospitals of the city, hospitals of ministries and branches, etc. with treatment costs according to the price frame prescribed by the Ministry of Health, and are also provided at reputable private clinics and hospitals.

From 2020 to present, the Ho Chi Minh City Department of Health has issued 93 decisions on administrative sanctions against clinics with the above violations. Of these, 58 decisions were imposed on medical facilities and 35 decisions were imposed on individuals with a total fine of more than VND 5.2 billion. Most recently, 2 clinics were dissolved and previously sanctioned by the Department of Health Inspectorate for administrative violations, and at the same time applied an additional sanction of suspending the facility's operations for a period of 24 months from December 1, 2022, namely Hong Phong Medical Services Company Limited (160-162 Le Hong Phong, Ward 3, District 5) and International General Clinic Company Limited (221 Nguyen Thi Minh Khai, Nguyen Cu Trinh Ward, District 1).

Need severe punishment

The leaders of the Ho Chi Minh City Department of Health said that the problem is that practitioners need to respect the law on medical examination and treatment, including regulations on professional ethics. Foreigners practicing in Vietnam must also comply with Vietnamese law.

The legal regulations are clear and complete, however, the accompanying administrative sanctions are not enough of a deterrent. According to Decree 117/2020 of the Government regulating administrative sanctions in the health sector and Decree 124/2021 of the Government amending and supplementing a number of articles of Decree 117/2020, the maximum fine for administrative violations in medical examination and treatment for individuals is 100 million VND with the additional penalty of revoking the right to use the practice certificate for a maximum period of 24 months. For organizations, it is 200 million VND with the additional penalty of revoking the right to use the medical examination and treatment license for a maximum period of 24 months.

The leaders of the Ho Chi Minh City Department of Health also said that with what is happening in reality, the forms of administrative sanctions for violations need to be more severe. In particular, those who deliberately take advantage of medical examination and treatment for personal gain must be punished more severely, such as revoking their practice certificates (for individuals) or permanently withdrawing their medical examination and treatment operating licenses (for organizations) to have enough deterrence. In addition, it is necessary to add more forms of administrative sanctions for violations of professional ethics as prescribed by the Law on Medical Examination and Treatment.

In addition, to prevent businesses operating in the medical field from being easily fined, dissolved and re-established, it is also necessary to apply appropriate penalties to the legal representatives of businesses owning clinics that violate the law on medical examination and treatment. Accordingly, these people are not allowed to continue to legally represent or operate the business.

Regarding criminal liability, Article 315 of the Penal Code on the crime of violating regulations on medical examination and treatment also clearly states that anyone who violates regulations on medical examination and treatment, causing property damage of 100 million VND or more, can be imprisoned from 1 to 5 years.



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