Reflection on the Legal Issues of the Pooled Medicines Procurement / 中国药房

ABSTRACT

OBJECTIVE:To provide policy recommendations for improvement of the pooled medicines procurement policy through legal analysis. METHODS:The pooled medicines procurement policies in China were reviewed and compared with related laws and regulations to analyze the problems and put forward recommendations. RESULTS:For the pooled medicines procurement policy,there were several conflicts between it and the Bidding Law,Government Procurement Law,Anti-monopoly Law and An-ti-unfair Competition Law. In terms of the pooled medicines procurement institution,there were conflicts between it and Bidding Law,Government Procurement Law. In terms of the price-volume linkage and the main body of tendering,there were conflicts be-tween it and the Bidding Law. In terms of the organization and participants,there were conflicts between it and the Anti-monopoly Law and Anti-unfair Competition Law. CONCLUSIONS:The pooled medicines procurement system should rationalize the main body of tendering,insist on volume secured procurement and price-volume linkage,establish reasonable incentive mechanism through supporting heath system reform policies,eatablish and perfect modern government principles in the field of medicines regulation. The pooled drug procurement policy should be moderately adjusted to follow the above laws in order to raise the procurement efficiency.