On May 23, a woman in Henan reported that her husband was an in-service doctor in the First Affiliated Hospital of Zhengzhou University and had received drug kickbacks. What is the motive for the woman to report her husband? How does report husband accept medicine to return a responsibility? What kind of medicine do people hate each other? The Commission for Discipline Inspection intervened and said that the exposed rebate list showed that the drugs of several pharmaceutical companies, including the listed company Osaka, were listed. According to the Beijing News, the doctor himself denied the claim of kickback. Liu Peiji, a staff member of the Discipline Inspection Commission of Zhengzhou University, responded that he had been involved in the investigation.
Wife reports husband 'taking medicine rebate'
Commission for Discipline Inspection intervenes
Here's the thing:
On May 23, Henan woman Bai Xue (pseudonym) said that her husband Ji Feng, an in-service doctor in the Department of interventional radiology of the First Affiliated Hospital of Zhengzhou University, was introduced by the hospital as a talent in 2012, during which she received kickbacks from medical representatives.
Bai Xue said that in 2016, by chance, she found her husband's list of kickbacks at home and learned that she had received kickbacks from medical representatives for a long time. " In the last ten days of each month, the medical representatives count the amount of money, put the cash and drug rebate list in an envelope and give it to Ji Feng, which can reach more than 10000 yuan to 20000 yuan a month. "
According to the marriage certificate provided by Bai Xue, the two parties are indeed married and registered for marriage in 2011.
In a "drug rebate list" provided by the company, many names and numbers are recorded. Bai Xue explained that the name of the drug, the patient's medical record number, the patient's name, the name of the doctor's Department, and the number of drugs used were recorded in the list, and Ji Feng's name was in the last column of the list. Snow White said this was a list of drug rebates in July or August 2014.
In addition, snow also showed reporters a large number of envelopes. One of the Yellow envelopes said: 'Mr. Ji: invert sugar: 60 & times; 18=1080。' Similar to the envelope, the name of the drug and the number are marked on the seal of several other envelopes, as well as the name of 'teacher Ji' or Ji Feng.
As for her motivation to report her husband, Bai Xue said that she had taken her to court because her husband was cheating and asked to divorce her. " During my illness, he hacked my wechat and left for the United States without saying goodbye. In 2016, there was no news for a whole year. After returning home, he did not go home, but directly sued me for divorce. " But this statement has not been confirmed by Ji Feng.
In the afternoon of the same day, a reporter from Beijing News verified to Ji Feng that he had been reported to have received kickbacks, and he received a phone call to deny it. Subsequently, the reporter sent a text message again to understand the situation, the other side refused. The reporter confirmed from Han Xinwei, director of the Department of interventional radiology of the First Affiliated Hospital of Zhengzhou University that Ji Feng is indeed a doctor in the Department.
Liu Peiji, a staff member of the Discipline Inspection Commission of Zhengzhou University, told reporters that Ji Feng was suspected of receiving kickbacks from medical representatives. The matter is under investigation.
The manufacturer of the drugs with kickback
Involving several listed companies
According to the drug rebate list and envelope displayed by Bai Xue, the drugs involved in rebate include lansoprazole (Jiangsu aosaikang), rabeprazole (ansfi), inverting sugar (yingfanshu), fat soluble vitamin (Hebei Zhitong), fructose injection (pulikon), etc.
Behind these drugs, a number of A-share listed companies are involved.
Among them, Anhui Fengyuan Pharmaceutical Co., Ltd. (000153. SZ), which is the largest pharmaceutical enterprise in Anhui Province, is a listed A-share company, involving the R & D, production and sales of biological drugs, chemical drugs and traditional Chinese medicine.
Fengyuan pharmaceutical claims to have a number of national class I and II new drug varieties, with a number of independent intellectual property rights of products and production technology. It has been recognized as a high-tech enterprise by the Chinese Academy of Sciences, the Ministry of science and technology, and Anhui Province, and won the title of China's' common people's medicine brand '. According to its 2018 annual report, the annual revenue was 3.013 billion yuan, up 16.88% year on year; The net profit attributable to the parent company was 60.9264 million yuan, a year-on-year decrease of 6.77%.
However, it can be seen from the latest transaction that Fengyuan pharmaceutical's transaction is very light. On May 24, the total turnover was only 10.98 million yuan, with a turnover rate of 0.57%. At present, its total market value is only 1.942 billion yuan, and its share price is 6.22 yuan.
Jiangsu aosaikang, which produces lansoprazole, is a wholly-owned subsidiary of Beijing aosaikang Pharmaceutical Co., Ltd. (002755. SZ). In March of this year, Osaka was successfully listed on the stock exchange of Oriental Venus.
A year ago, aosaikang intended to borrow another company Datong gas from Shenzhen market, but failed because the two sides failed to reach an agreement on the core conditions. As early as 2012, Osaka disclosed the prospectus declaration draft, and then ushered in more than a year's suspension; Then, in 2014, the IPO was restarted and approved by the CSRC, but it was forced to stop because of high premium, high cash out and other doubts.
According to the data, osaikon's main business is the R & D, production and sales of digestive, anti-tumor and other drugs. Recently, Jiangsu aosaikang has been involved in a patent lawsuit. An important product in the field of chronic diseases, saxagliptin tablets, was sued for patent infringement by AstraZeneca Co., Ltd., which has been accepted by Nanjing Intermediate People's Court of Jiangsu Province.
Since its backdoor listing on March 11, the share price of Osaka rose by 7.66% on the same day, reaching a peak of 18.2 yuan in a month. Recently, it has been falling all the way to 12.26 yuan.
Chengdu Dikang Pharmaceutical Co., Ltd. and Shanghai Changzheng Fumin Jinshan Pharmaceutical Co., Ltd., the manufacturing enterprises of the other two drugs, ansfi and yingfanshu, are also A-share listed companies.
Among them, Dikang pharmaceutical is a subsidiary of Sichuan Blu ray Development Co., Ltd. (600466. SH), which directly holds 91.41%; While Shanghai Long March Fumin Jinshan pharmaceutical is 100% controlled by China Resources Shuanghe (600062. SH).
There is a criminal risk for medical staff to collect drug rebate
It's not uncommon for doctors to get kickbacks and pharmaceutical representatives to get kickbacks. Sometimes it is taken for granted by the industry.
In April this year, the column of "Jingshi observation" of Hunan Jingshi exposed a news that medical staff of many hospitals in Changde, Hunan Province collected drug kickbacks. In the video, the medical staff righteously put forward the terms of kickback to the medical representatives, involving not only the doctors and department directors, but also the director of the hospital.
According to the informant, if drug a has a 5% rebate and drug B has nearly 20% rebate, doctors will definitely choose the second one. It is also mentioned that this kind of situation is very common, and many departments in the hospital will participate in it. The most representative department is oncology department, followed by respiratory department, digestive department and traditional Chinese medicine department.
In the news video, a deputy director of the Department of traditional Chinese medicine of the second people's Hospital of Changde City said: "you must give the doctor some rebate. Before that, there were 18 points. This point can't be lower. Only a few of our doctors in the Department of traditional Chinese medicine prescribe it. Whether we can do it or not depends entirely on us. Although the margin of rebate is higher, we can cooperate into a way of small profit and quick turnover, It's good for each other '.
At the same time, the deputy director also mentioned that in terms of a drug hot promoted by a pharmaceutical company in Changde, although the price of the drug is relatively high, as long as the company is willing to give part of the profits directly to our doctors, he is very confident to sell it.
There is a criminal risk in collecting drug kickbacks. In 2008, the judicial interpretation of "two high" on commercial bribery clearly shows that "medical personnel take advantage of the position of prescribing to illegally accept drugs, medical devices, medical and health materials and other property of the seller of medical products in various names to seek benefits for the seller of medical products. If the amount is large, the provisions of Article 163 of the criminal law shall apply, He was convicted and punished for taking bribes by non state functionaries. " If the president and other personnel with the status of national staff receive kickbacks, it will constitute the crime of bribery.
Cao Kai, deputy director of Hunan Tianrun Renhe law firm, said that if medical staff accept kickbacks in the process of drug procurement, it may have violated the criminal law and constituted the crime of bribery. If doctors accept kickbacks in the process of prescribing, they may be convicted and punished as non-state staff bribery.
In August 2018, the nine ministries and commissions jointly issued the "notice on printing and distributing the key points of special governance work for correcting unhealthy tendencies in medical purchase and sales and medical services in 2018", proposing to standardize the production, marketing and use of pharmaceutical consumables, strengthen the supervision of medical services, and standardize the behavior of medical personnel; At the same time, we should promote the record management of medical representatives, build a rebate governance system, and rely on the rectification mechanism to implement comprehensive policies.