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在商业医疗保险的经营中 ,保险公司通过保险合同规定 ,要求客户在指定的医疗单位购买医疗服务 (本文对此简称“指定行为”) ,是商业医疗保险的常规做法。然而 ,由于目前国内法律对上述做法没有明确界定 ,因此 ,其合法性受到质疑。值得关注的是 :由于这种做法法律上的不确定性 ,一旦行政管理机关对其进行干预的话 ,将直接影响医疗保险的现存经营模式 ,影响重大。在实务中 ,已经发生工商行政管理部门根据《中华人民共和国反不正当竞争法》(下称《反不正当竞争法》)第 6条对保险公司的“指定行为”进行行政处罚的案例。因此 ,对《反不正当竞争法》第 6条及其与保险公司及医疗保险经营中“指定行为”的关系进行讨论 ,不仅对于法学理论 ,而且对于我国蓬勃发展的商业医疗保险事业都具有重要意义
In the operation of commercial medical insurance, insurers require the client to purchase medical services at a designated medical unit (referred to herein as “designated activity”) through insurance contract, which is the normal practice of commercial medical insurance. However, due to the current domestic law does not clearly define the above practices, therefore, its legitimacy is questioned. It is noteworthy that due to the legal uncertainty of this approach, once the administrative authorities intervene, it will have a direct impact on the existing business model of medical insurance and will have a significant impact. In practice, there have been cases in which the administrative department for industry and commerce carried out administrative punishment against the “designated act” of insurance companies under Article 6 of the “Anti-Unfair Competition Law of the People's Republic of China” (hereinafter referred to as the “Anti-Unfair Competition Law”). Therefore, discussing Article 6 of the Anti-Unfair Competition Law and its relationship with “designated acts” of insurance companies and medical insurance businesses is not only important for jurisprudence but also for the booming commercial medical insurance in our country significance