The Supreme People's Court, the Supreme People's Procuratorate, and the Ministry of Public Security jointly issued guidance on several issues concerning the handling of criminal cases of medical insurance fraud on the 1st, requiring that the crime of medical insurance fraud be severely punished in accordance with the law, and clarifying the circumstances of severe punishment and lenient punishment.
According to reports, the crime of medical insurance fraud involves the crime of fraud, the crime of covering up and concealing criminal proceeds, the crime of ** and other common crimes, and the main body of the crime is the insured person, designated medical institutions and their personnel. According to incomplete statistics, from 2021 to 2023, courts across the country will conclude a total of 1,213 cases of medical insurance fraud in the first instance, of which 306 cases will be concluded in 2021, 407 cases in 2022, and 500 cases in 2023.
The Guiding Opinions further clarify issues such as the conviction and punishment, application of law, and policy grasp of the crime of medical insurance fraud, and provide a clear legal and policy basis for punishing the crime of medical insurance fraud in accordance with the law. Chen Hongxiang, president of the Third Criminal Division of the Supreme People's Court, said that the guiding opinions simultaneously implement the criminal policy of blending leniency and severity and the system of leniency for those who admit guilt and accept punishment, to ensure that the punishment is commensurate with the crime, and to achieve the best political, legal and social effects.
For example, the Guiding Opinions propose that designated medical institutions (medical institutions, drug business units) implement fictitious medical service items and falsely issue medical service fees; decomposition hospitalization, bed hanging hospitalization; Where repeated charges, excessive standard charges, decomposition project charges, and other acts defraud medical security expenditures, the organizers, planners, and implementers are to be convicted and punished as the crime of fraud in accordance with the provisions of the Criminal Law, and where other crimes are constituted at the same time, they are to be convicted and punished in accordance with the provisions of the heavier punishment.
At the same time, for the purpose of illegal possession, the perpetrator used other people's medical security certificates to seek medical treatment or purchase drugs in a false name; fictitious medical service items and false medical service fees; Fraudulent medical security expenditures such as repeated enjoyment of medical security benefits shall be convicted and punished as the crime of fraud in accordance with the provisions of the Criminal Law; where other crimes are constituted at the same time, follow the provisions for the heavier punishment at trial and sentencing.
The Guiding Opinions make it clear that the crime of medical insurance fraud shall be severely punished in accordance with the law, focusing on cracking down on behind-the-scenes organizers, professional insurance fraudsters, etc., and where there are lenient circumstances such as returning stolen goods and making restitution, admitting guilt and accepting punishment, the scope of leniency should also be strictly grasped.
On the same day, the "two supremes" also released 8 typical cases of punishing the crime of medical insurance fraud in accordance with the law, indicating the attitude and position of the judicial organs to punish the crime of medical insurance fraud in accordance with the law.
Author: Editor: Fu Lu Responsible Editor: Fan Jing.
*:Xinhua.