China new healthcare reform 2020

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Financial institutions Energy Infrastructure, mining and commodities Transport Technology and innovation Life sciences and healthcare China new healthcare reform 2020 Ten things to know

Norton Rose Fulbright Norton Rose Fulbright is a global legal practice. We provide the world s preeminent corporations and financial institutions with a full business law service. We have more than 3800 lawyers and other legal staff based in more than 50 cities across Europe, the United States, Canada, Latin America, Asia, Australia, Africa, the Middle East and Central Asia. Recognized for our industry focus, we are strong across all the key industry sectors: financial institutions; energy; infrastructure, mining and commodities; transport; technology and innovation; and life sciences and healthcare. Wherever we are, we operate in accordance with our global business principles of quality, unity and integrity. We aim to provide the highest possible standard of legal service in each of our offices and to maintain that level of quality at every point of contact. Norton Rose Fulbright US LLP, Norton Rose Fulbright LLP, Norton Rose Fulbright Australia, Norton Rose Fulbright Canada LLP and Norton Rose Fulbright South Africa Inc are separate legal entities and all of them are members of Norton Rose Fulbright Verein, a Swiss verein. Norton Rose Fulbright Verein helps coordinate the activities of the members but does not itself provide legal services to clients. References to Norton Rose Fulbright, the law firm, and legal practice are to one or more of the Norton Rose Fulbright members or to one of their respective affiliates (together Norton Rose Fulbright entity/entities ). No individual who is a member, partner, shareholder, director, employee or consultant of, in or to any Norton Rose Fulbright entity (whether or not such individual is described as a partner ) accepts or assumes responsibility, or has any liability, to any person in respect of this communication. Any reference to a partner or director is to a member, employee or consultant with equivalent standing and qualifications of the relevant Norton Rose Fulbright entity. The purpose of this communication is to provide information as to developments in the law. It does not contain a full analysis of the law nor does it constitute an opinion of any Norton Rose Fulbright entity on the points of law discussed. You must take specific legal advice on any particular matter which concerns you. If you require any advice or further information, please speak to your usual contact at Norton Rose Fulbright. Norton Rose Fulbright LLP NRF21850 05/15 (UK) Extracts may be copied provided their source is acknowledged.

China new healthcare reform 2020 Ten things to know China recently announced a new five year road-map for reform of its healthcare sector. The National Planning Guideline for the Healthcare Service System (2015 2020)1 (the Guideline) is the first comprehensive five-year blueprint targeting keys areas for development by 2020. Faced with the challenge of insufficient resources and poor quality of service in the sector, the reform of the healthcare sector is both a social and strategic priority for China. Despite the introduction of the initial healthcare reform plan a decade ago, the healthcare sector continues to be burdened by resource shortages and underdevelopment in rural areas. The new reforms introduced by the Government targets three main areas: infrastructure development, reduction of costs and new investment. The wide ranging scope of these reforms will have a substantial impact on stakeholders and industry players including international medical device firms, drug makers, hospital operators and insurance companies. The Government s recent emphasis on the opening up of the private sector has attracted global interest in the development of China s healthcare sector. The continued reforms have bought new opportunities for investment by international players. Below are the top ten policies in China s new healthcare reform over the next five years. China s new healthcare reform at a glance: Infrastructure development Opening access for private investors to develop private hospitals. Increasing the number of hospital beds across all medical institutions to alleviate burden on public hospitals. Standardising training for medical professionals and improving allocation of resources. Continued development of medical facilities at grassroot level and in rural areas. Encouraging development of private senior care facilities and home care services. Reducing costs Reducing patients out-of-pocket expenses through restrained use of medical devices, and broader and if medical devices are required to be used, using locally manufactured devices. insurance Developing comprehensive medical insurance with better coverage. coverage Expanding the scope of practitioners insurance and establishing a dispute resolution mechanism. New areas of investment 1 Establishing traditional Chinese medicine hospitals at the county and municipal level. Investing in technology for online healthcare products and information sharing on cloud systems. In Chinese 国务院办公厅关于印发全国医疗卫生服务体系规划纲要 2015-2020 的通知 Norton Rose Fulbright May 2015 03

China new healthcare reform 2020 Ten things to know Infrastructure development 01 Opening access to develop private hospitals The Government will introduce a number of measures to encourage private investment in hospitals. Private investment Government support Hospital pilot program The Guideline has specified that all sectors are open to investment by private capital (foreign and domestic) unless there is an explicit restriction or prohibition under laws or regulations. Where approval is required, procedures will be simplified and expedited. The Government at various levels will be required to support private investment in hospitals through granting land use rights and procuring more services from nonpublic hospitals. More regions will be included in the pilot programme allowing for the establishment of wholly foreign-owned hospitals 2. The current restriction requiring foreign invested hospitals to be set up as Sinoforeign joint ventures will continue but restrictions will be relaxed. To ensure uptake in hospital beds at private hospitals, the Government will introduce broader social medical insurance to cover patients expenditure so as to encourage utilisation of private facilities to manage the burden on the public hospital system. 02 Increasing the number of hospital beds across all medical institutions The Guideline sets ambitious targets for the increase of the number of hospital beds by 2020. As shown below, the targets represent a 30 per cent increase in the number of hospital beds at public hospitals and almost a two-fold increase in private hospitals. Note that these target figures are for guidance purposes only and not mandatory for hospitals to comply with. Number of hospital beds for every 1,000 people Public hospitals Private hospitals Current 3 By 2020 Current By 2020 4.55 6 0.52 1.5 However, this target will not result in an unbridled increase of resources. The Guideline acknowledges that the rapid and uncontrolled expansion of public hospitals in recent years has resulted in the creation of oversized public hospitals, some currently with over 10,000 hospital beds. This has jeopardised the development of grass-root medical institutions, another priority in the healthcare reform plan. The Government has signalled that measures will be introduced to curb this rapid expansion and in some cases, arrange for the spin-off of certain functions to reduce the size of public hospitals. 2 At the moment, wholly foreign-owned hospitals are allowed only in Beijing, Tianjin, Shanghai, Jiangsu Province, Fujian Province, Guangdong Province and Hainan Province. Other than Hong Kong, Macau and Taiwanese investors (who are treated as foreign investors from a foreign investment regulatory perspective), foreign investors are not allowed to wholly-own a Chinese traditional medicine hospital. 3 Figure as of December 2013. 04 Norton Rose Fulbright May 2015

China new healthcare reform 2020 Ten things to know 03 Standardising training and re-allocation of resources Training Multiinstitution practice Geographic reach The Guideline provides that by 2020, a training system will be established to improve the quality of training for medical professionals and also include a target to increase the number of nursing and support staff. Professional medical training will be standardised at various levels including college training, postgraduation education (at degree level), and continuing medical education (for professionals without academic degrees). Following earlier reforms introduced in 2014 4, the Guideline reiterates the importance of multiinstitution practice by practitioners. Medical professionals currently working at public hospitals will have added flexibility to practice at non-public hospitals. This will help enrich the pool of medical talent at non-public hospitals. Encouragement of medical professionals to provide their services in high demand areas such as western China and at grass-root hospitals. New disciplines The training program will focus on training specialists in the fields of paediatrics and psychiatry which are in high demand. 04 Improving quality at grass-root level The Guideline provides that by 2020, there will be (i) one clinic and one medical service centre for each community with a population over 30,000 and (ii) 1.2 hospital beds made available for every 1,000 residents within a community. Grass-root hospitals will focus primarily on nursing and rehabilitation. The aim is to achieve satisfaction of the national standard for 95 per cent of all hospitals, clinics and medical centres at grass-root level. 05 Institutional cooperation for senior care To meet the increasing demands of an expanding ageing population, the Government calls for the cooperation of medical service and senior care institutions. In particular, medical service institutions are encouraged to allocate beds for senior care. In turn, senior care institutions will be allowed to provide limited medical care where conditions permit. The Government in particular encourages senior care services to be provided at the local community level and home care services to be made available to alleviate the burden on the hospital system. 4 Such as the Notice by National Health and Family Planning Commission on a Few Key Points on the Health and Family Planning Work in 2014, GuoWeiBanFa (2014) No.4 ( 国 家 卫 生 和 计 划 生 育 委 员 会 关 于 印 发 2014 年 卫 生 计 生 工 作 要 点 的 通 知, 国 卫 办 发 [2014]4 号 ); Notice on Several Opinions of the National Health and Family Planning Commission, National Development and Reform Commission, and Ministry of Human Resources and Social Security on Promoting and Regulating the Multi-institution Practice of Practitioners, GuoWeiYiFa (2014) No.86 ( 国 家 卫 生 和 计 划 生 育 委 员 会 国 家 发 展 和 改 革 委 员 会 人 力 资 源 和 社 会 保 障 部 等 关 于 印 发 推 进 和 规 范 医 师 多 点 执 业 的 若 干 意 见 的 通 知, 国 卫 医 发 [2014]86 号 ); and the Notice by National Health and Family Planning Commission on a Few Key Points on the Health and Family Planning Work in 2015, GuoWeiBanFa (2015) No.3 ( 国 家 卫 生 和 计 划 生 育 委 员 会 关 于 印 发 2015 年 卫 生 计 生 工 作 要 点 的 通 知, 国 卫 办 发 [2015]3 号 ). Norton Rose Fulbright May 2015 05

China new healthcare reform 2020 Ten things to know Reducing medical costs and better protection for patients 06 Restricted use of medical devices To reduce patients out-of-pocket expenses, the Government seeks to tighten the procurement of medical devices at public hospitals. Excessive use of medical devices which exceed patients needs is to be discouraged. Under circumstances where medical devices are deemed necessary, there will be a preference for the use of locally manufactured medical devices. 07 More comprehensive healthcare insurance The Guideline calls for broader coverage under the state medical insurance and more comprehensive products such as critical illness insurance. The more affluent population will be encouraged to take out commercial health insurance. Reforms will also be made to the payment mechanisms to cover a wider range of medical costs charged by various medical institutions. 08 Expansion of practitioners insurance and dispute resolution Due to the ongoing shortage of doctors and poor compensation of medical professionals, tensions have been growing between medical practitioners and patients in recent years. The Government has identified the need to develop a third party medical dispute resolution mechanism to address grievances and to mediate disputes arising between doctors and patients. In addition, there are plans to expand the application of liability and professional insurance for medical practitioners. 06 Norton Rose Fulbright May 2015

China new healthcare reform 2020 Ten things to know New areas for development 09 Traditional Chinese medicine Traditional Chinese medicine is one of the key target areas for development. By 2020, one Chinese traditional medicine hospital is to be established in every county and municipality. In addition, there will be a target for traditional Chinese medicine hospitals to have 0.55 hospital beds for every 1000 residents in a community. 10 Embracing technology Across the globe, technological advances have made the provision and management of healthcare more accessible. New technologies such as the IOT (internet of things), cloud computing, mobile internet and wearable gadgets have resulted in the proliferation of online healthcare products and applications. China is also turning to technology in the advancement of its healthcare sector. By 2020, three digital national databases will be established containing health information, health profiles and medical records in electronic format. In addition, a national online platform will integrate information at the national, provincial, municipal and county levels. The Government will continue to encourage the adoption of online healthcare products. Following the introduction of China s telemedicine guidelines last year, it is expected that telemedicine will continue to thrive in the coming years. Norton Rose Fulbright May 2015 07

Contacts If you would like further information please contact: Federick Robinson Global co-head of life sciences and healthcare Norton Rose Fulbright US LLP Tel +1 202 662 4534 rick.robinson@nortonrosefulbright.com Wang Jing Partner, Beijing Norton Rose Fulbright LLP Tel +86 (10) 6535 3138 jing.wang@nortonrosefulbright.com Law around the world nortonrosefulbright.com