Legal basis: Regulations on the Supervision and Administration of the Use of Medical Insurance Funds
Article 2 The term "discretionary power of administrative punishment" as mentioned in these Measures refers to the authority of the administrative department of medical security to decide the type and extent of administrative punishment according to the provisions of laws, regulations and rules and the facts, nature, circumstances, degree of social harm, subjective fault and other factors of the parties.
Article 3 These Measures shall apply to the formulation and exercise of administrative penalty discretion standards by provincial medical security administrative departments.
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.