CIRCULAR

Amending a number of articles of Circular No. 39/2018/TT-BYT dated November 30, 2018 of the Minister of Health unifying prices of medical examination and treatment services covered by medical insurance among hospitals of the same class across the country and guidelines for applying prices and payment for medical services in certain cases

Pursuant to the Law on Medical Examination and Treatment No. 40/2009/QH12 dated November 23, 2009;

Pursuant to Law on Prices No. 11/2012/QH13 dated June 20, 2012;

Pursuant to the Law on Medical Insurance No. 25/2008/QH12 dated November 14, 2008 receiving amendments according to the Law No. 46/2014/QH13 dated June 13, 2014;

Pursuant to Decree No. 85/2012/ND-CP dated October 15, 2012 of the Government on operational and financial regimes applicable to public health non-business units and the prices of medical examination and treatment services of public health facilities;

Pursuant to Decree No.16/2015/ND-CP dated February 14, 2015 of the Government on autonomy mechanism of public service providers;

Pursuant to Decree No. 149/2016/ND-CP dated November 11, 2016 of the Governmen on amendments to a number of Articles of Decree No. 177/2013/ND-CP dated November 14, 2013 of the Government on elaboration to a number of Articles of the Law on Prices;

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

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

Pursuant to Decree No. 38/2019/ND-CP dated May 09, 2019 of the Government on the statutory pay rate for public officials, public employees and armed forces’ personnel;

Pursuant to Notice No. 226/TB-VPCP dated July 04, 2019 of the Government Office on conclusion of the Deputy Prime Minister Mr. Vuong Dinh Hue – The head of the Steering Committee on Price Management in meeting of the Steering Committee on Price Management dated July 03, 2019;

The Minister of Health promulgates Circular amending a number of Articles of Circular No. 39/2018/TT-BYT dated November 30, 2018 of the Minister of Health unifying prices of medical examination and treatment services covered by medical insurance among hospitals of the same class across the country and guidelines for appyling prices and payment for medical services in certain cases (hereinafter referred to as "Circular 39/2018/TT-BYT”).

Article 1. Amendments to Article 2 as follows:

1. Replace the Annexes issued together with Circular No. 39/2018/TT-BYT with the Annexes issued together with this Circular:

a) The medical examination prices shall be specified in Annex I issued together with this Circular;

b) The hospital stay prices shall be specified in Annex II issued together with this Circular;

c) The techincal and examination prices shall be specified in Annex III issued together with this Circular;

2. Amend the notes of the following sections: Section 61 on mitral valve repair surgery; Section 62 on mitral valve replacement surgery; Section 63 on atrial septal defect closureand add notes to a number of services in Section 64, 65 and 66 of Annex IV issued together with this Circular.

Article 2. Amendments to Point a Clause 4 Article 3 as follows:

“a) Salaries based upon salary scale, grade or job title, allowances, contributions as prescribed in respect of public service providers and statutory pay rate prescribed in Decree No. 38/2019/ND-CP dated May 09, 2013 of the Government which regulates the statutory pay rate of public officials, public employees and armed forces”;

Article 3. Amendments to Article 6 as follows:

1. Amend Point b Clause 5 as follows:

“b) In the case of there are beds for intensive care in the Emergency Department of Anesthesiology Department; beds for posoperative care after special surgery that meet the requirements of intensive care beds specified in the regulation on emergency, intensive care and poison prevention issued together with Decision No. 01/2008/QD-BYT dated January 21, 2008 of theMinister of Health.”.

2. Add Clause 17 as follows:

"17. The hospital stay after the “phacoemulsification cataract surgery” shall apply the price for “Hospital stay in surgery and burn department” of type 3 respectively according to the hospital class of the Annex II issued together with this Circular."

Article 4. Implementation clause

This Circular comes into force from August 20, 2019.

Article 5. Transition clauses

1. Proceed to apply the list of technical services serving medical examination and treatment classified as equal regarding technical procedures and expenses specified in Decision No. 7435/QD-BYT dated December 14, 2018 of the Minister of Health on issuance of the list of technical services serving medical examination and treatment classfied as equal regarding technical procedures and expenses according to Circular No. 39/2018/TT-BYT.

2. The patients receiving treatment in the medical examination and treatment establishments before the application of prices specified in this Circular and discharged from the hospital or finishing the medical services for outpatients after the application of prices specified in this Circular shall continue to adopt the prices approved by the competent authorities before the application of prices specified in this Circular until they are discharged from the hospital or finish the medical services for outpatients.

Article 6. Terms of reference

If the legislative documents and provisions specified in this Circular are amended, supplemented or replaced, the new legislative documents will be applied.

Difficulties that arise during the implementation of this Circular should be reported to the Ministry of Health for consideration./.

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