The measures referred to in the medical insurance fund use supervision and management of administrative punishment discretion, refers to the administrative department of medical insurance in the implementation of medical insurance fund use supervision and management of administrative punishment, in accordance with the provisions of laws, regulations, rules and other, comprehensive consideration of facts, nature, circumstances, degree of social harm and subjective fault of the parties and other factors, determine the type and extent of administrative punishment authority. These Measures shall be applicable to the provincial medical security administrative departments in formulating administrative penalty discretion standards and exercising administrative penalty discretion.
Legal basis: Measures for Standardizing the Discretion of Administrative Punishment in the Supervision and Administration of the Use of Medical Security Funds.
Article 4 The exercise of administrative penalty discretion shall comply with the provisions of laws, regulations and rules, follow legal procedures and safeguard the legitimate rights and interests of the administrative counterpart.
Article 5 The exercise of administrative penalty discretion shall conform to the statutory purpose, exclude the interference of irrelevant factors, and the measures and means adopted shall be necessary and appropriate.
Article 6 The exercise of the discretion of administrative punishment shall be based on facts, and the types and ranges of administrative punishment shall be adapted to the facts, nature, circumstances and social harm of the illegal act, and to the level of economic and social development of the place where the illegal act occurs.
For illegal acts with the same or similar illegal facts, nature, circumstances and social harmful consequences, the types and scope of administrative punishment in the same administrative area should be basically the same.
Article 7 The provincial medical security administrative department may, according to the national unified and standardized discretionary benchmark of medical security fund supervision and administrative law enforcement, formulate the discretionary benchmark of specific medical security fund supervision and administrative punishment matters.
Article 8 Where laws, regulations and rules stipulate that there is room for discretion in administrative punishment, the provincial medical security administrative department shall, in accordance with these measures and in combination with the actual situation in the region, formulate discretion standards and applicable conditions to provide reference for the local medical security administrative department to implement administrative punishment.
Article 9 The provincial medical security administrative department shall, according to the formulation of laws, regulations and rules, the changes in the applicable rules of administrative penalty discretion formulated by the higher authorities and the actual law enforcement work, revise and improve the benchmark of administrative penalty discretion in time, and file it with the National Medical Insurance Bureau.
Article 10 The following provisions shall be observed in formulating the administrative penalty discretion standard:
(a) laws, regulations and rules can choose whether to give administrative punishment, it should be clear whether to give administrative punishment specific discretion standards and applicable conditions;
(2) Where laws, regulations and rules stipulate that the types of administrative punishment can be selected, the specific discretionary standards and applicable conditions of different types of administrative punishment shall be clarified;
(3) Where laws, regulations and rules stipulate that the range of administrative punishment can be selected, the specific discretionary standards and applicable conditions shall be determined according to the facts, nature, circumstances and social harm of the illegal act;
(4) Where laws, regulations and rules stipulate that an administrative penalty may be imposed singly or concurrently, the specific discretionary criteria and applicable conditions for the single or concurrent administrative penalty shall be specified.