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Planned provisions By this Decree are codified in Book VIII ("Institutions") The second part of the public health code (decrees in the Council of State).Article 98 of Act 2002-303 of 4 March 2002 on the rights of patients and the quality of the health system inserts a new Title IV in the first book of the first part of the Code of Health. Establishes a National Office for the Compensation of Medical Accidents, iatrogenic and Nosocomial Infections, which is published in an administrative capacity under the authority of the Minister responsible for health. Compensation, in respect of national solidarity, damages resulting-from a medical accident, an iatrogenic disease or a nosocomial infection, where such damage has a degree of severity (fixed by decree) and is not Fault of a professional, establishment or producer of health products (Article L. 1142-17 and L. 1142-18 of the Public Health Code).It is also responsible for replacing the insurers of these natural or legal persons, where they are not insured, where the limits of their insurance are reached or when insurers refuse to make an offer of compensation (articles L. 1142-15 of the same code).Article L. 1142-22 provides that the Office shall be governed by a board of directors whose composition is fixed by an order in the Council of State and Article L. 1 142-23 specifies that the Office shall be subject to an administrative, budgetary and financial system And accounting officer defined by decree. Accordingly, the purpose of this draft decree is to determine, on the one hand, the composition, functioning and competence of the Board of Directors of the Office, as well as the conditions of appointment and the role of the Director and, other The conditions under which the Office receives applications for compensation in the cases referred to above. The provisions laid down in this Decree are codified in Book VIII ("Institutions") The second part of the public health code (decrees in the Council of State).In Book VIII, article 1 introduces a new chapter VIII on compensation and a first section on the National Compensation Board for medical accidents, iatrogenic and nosocomial infections. This section includes sections R. 795-1 to R. 795-18.L'article R. 795-1 refers to the legal nature of the Office. Article R. 795-2 sets out the conditions and the duration of the appointment of the Chairman of the Board of Directors and his alternate. Article R. 795-3 specifies the composition of the Board of Directors of the Office, comprising 22 members, half of whom represent the State, as required by law. The other members are qualified persons, users of the health system proposed by associations approved at national level, representatives of health care institutions and health professionals, an insurance representative Section R. 795-4 provides for the reimbursement of the travel and subsistence expenses of the members of the Board and the assignment of a function allowance for the Chairperson. R. 795-6 explained the operating conditions of the council (minimum number of annual meetings, agenda, quorum, voting rules) and its powers. Article R. 795-6 also provides for the conditions for the approval of the decisions of the board by the tutel.L'article R. 795-7 lists the powers of the Director of the Office. Articles R. 795-8 to R. 795-12 concern the budgetary and financial system of The Office; under Article LA 142-23 of the Public Health Code, the main revenue of the Office is a global allocation paid under the conditions laid down in Article L. 174-2 of the Social Security Code. The amount is fixed each year by the Social Security Financing Act. As a result, sections R. 795-1 and R. 795-14 specify the organization responsible for the payments of staffing to the Office and the key to the allocation of the amount of the endowment between the various health insurance plans. Determine the conditions under which the Office formulates its offers of compensation to accident victims or their successors in title, when it replaces the failing insurer (Articles R. 795-16 to R. 795-17) or where the ceilings for the guarantee of Responsible person's insurance contracts are met (section R. 795-18). These same articles set the time limit at the end of which the silence of the Office amounts to an implied refusal; Articles 2 and 3 contain transitional provisions. Article 2 allows the Minister responsible for health to designate directly the representatives of the users on the board of directors, pending the approval of the associations, as provided for in Article L. 1114-1 of the Public Health Code. Section 3 provides that the Minister shall appoint the two members of the Board of Directors, representing the staff, until the coming into force of the rules of procedure of that
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Keywords

EMPLOYMENT, SOLIDARITY, PUBLIC HEALTH, PUBLIC HEALTH CODE, LAW OF MALADES, NATIONAL MEDICAL ACCIDENT COMPENSATION BOARD FOR IATROGENES AND NOSOCOMIAL INFECTIONS, EPA, ORGANIZATION , OPERATION, BOARD OF DIRECTORS, COMPOSITION, CHAIR, TERM OF OFFICE, METHOD OF APPOINTMENT, MEMBER, DIRECTOR, FINANCIAL ORGANIZATION, ACCOUNTING ORGANIZATION, COMPENSATION, COMPENSATION PROCEDURE, SUBSTITUTION, INSURER

Later Links

• Decree n ° 2003-140 of 19 February 2003 amending the public health

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JORF #101 April 30, 2002 page 7792
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Decree No. 2002-638 of 29 April 2002 on the National Compensation Board for Medical Accidents, iatrogenic Conditions and Nosocomial infections, established by article L. 1142-22 of the Public Health Code

NOR: MESP0221434D ELI: Https://www.legifrance.gouv.fr/eli/decret/2002/4/29/MESP0221434D/jo/texte
Alias: https://www.legifrance.gouv.fr/eli/decret/2002/4/29/2002-638/jo/texte

The Prime Minister,
On the report of the Minister of Employment and Solidarity,
Given the code of public health;
Given the social security code;
In view of the decree of 25 October 1935 organizing the monitoring Financial of the autonomous public offices and institutions of the State;
Given the amended Decree No. 53-1227 of 10 December 1953 on the accounting rules applicable to national public institutions of an administrative nature;
Decree No. 62-1587 of 29 December 1962 amending General Regulation on public accounting;
In light of the amended Decree No. 90-437 of 28 May 1990 laying down the conditions and procedures for the settlement of the costs of the movements of the Civil personnel in the metropolitan territory of France when they are responsible for the budgets of the State, national public institutions of an administrative nature and certain subsidised bodies;
Given Decree No. 92-681 of 20 July 1992 as amended relating to revenue authorities and imprest accounts of public bodies;
In light of Decree No. 94-582 of 12 July 1994 on the advice and management of public institutions and public sector enterprises;
Having regard to the opinion of the Inter-Ministerial Committee on Social Security Coordination dated 12 March 2002;
In view of the opinion of the National Fund for Health Insurance of Employed Workers as of 26 March 2002;
The Council of State (section Social) heard,
Clipping:

Item 1 Read more about this Article ...

It is added, in Book VIII of the Public Health Code (Part Two: Orders in the Council of State), a Chapter VIII thus written:

" Chapter VIII

"Compensation

" Section 1

" National Medical Accident Indemnification Office,
iatrogenic and Nosocomial infections

"Subsection 1

" Organization and operation

" Art. R. 795-1. -The National Agency for the Compensation of Medical Accidents, iatrogenic Conditions and Nosocomial Infections instituted by Article L. 1142-22 is a public institution of the State of an administrative character placed under the supervision of the Minister Health care.

"Paragraph 1

" Board of Directors

" Art. R. 795-2. -The Chairman of the Board of Directors of the Office shall be appointed for a term of three years, renewable once, by order made on a proposal from the Minister responsible for health
It has an alternate, named in the same conditions among the members of the board.
" In the event of the permanent incapacity of the President or his alternate, a replacement shall be appointed under the same conditions for the remainder of the term of office to be
. Art. R. 795-3. -The Board of Directors of the Office shall comprise, in addition to the Chairman:
1. Eleven members representing the state:
" -the Chief Health Officer or his or her representative;
" -the Director of Social Security or his representative;
" -the director of the hospital and the care organisation or his representative;
" -the Director General of Social Action or his representative;
" -the Director, General Administration, Personnel and Budget, to the Ministry responsible for Health or its representative;
" -the budget director or his representative;
" -the Director of the Treasury or its representative;
" -the Director of Civil Affairs and the seal or his representative;
" -the Director of Operations, Social Policy and Employment at the Ministry responsible for Agriculture or his representative;
" -the Director General of Industry, Information Technology and Positions or his representative;
" -the Director of Labour Relations or his/her representative;
2. Nine members, appointed by order of the Minister responsible for health, for a renewable term of three years, or:
(a) Two qualified persons with regard to medical liability and health risk repair;
" (b) Two representatives of users proposed by the associations of ill persons and users of the health system which have been approved at national level under the conditions laid down in Article L. 1114-1;
" (c) One representative of the most representative public hospital organizations;
" (d) One representative of the most representative private hospital organizations;
" (e) A representative of the National Health Insurance Fund for Workers' Health;
(f) A representative of the liberal health professionals proposed by the National Health Professions Centre;
" (g) A representative of health professionals in public health institutions, appointed after the opinion of the representative trade unions at the national level;
" 3. Two representatives of the staff of the Office elected by that staff for three years in accordance with the rules of procedure of the Office.
" For each of the members referred to in 2 and 3 of this Article, an alternate shall be appointed under the same conditions. In the event of a vacancy in a seat on the Board of Directors, for any reason, another holder or alternate shall be appointed under the same conditions. The term of office of this new member shall expire on the date on which the term of its predecessor is normally terminated.
" Art. R. 795-4. -The duties of a member of the Board of Directors or of the alternate shall be exercised without charge. They shall be entitled to travel and subsistence allowances in accordance with the conditions laid down in Decree No 90-437 of 28 May 1990 laying down the conditions and arrangements for the settlement of the costs incurred by the movements of the Civil personnel on the metropolitan territory of France when they are responsible for the budgets of the state, national public institutions and certain subsidised
. By way of derogation from the preceding paragraph, the President of the Administrative Board and, where applicable, his alternate shall be awarded a duty allowance, not subject to a civil retirement pension; the amount of such allowances shall be fixed By the Ministers responsible for budget and health.
" Art. R. 795-5. -The Administrative Board shall meet at least three times a year upon convocation by its President. The convening of the Board shall be legal when requested by the Minister responsible for health or by at least one third of the members of the
. The President shall fix the order of the day on which the points which have been the subject of a request made by the Minister responsible for health or by at least one third of the members of the Board shall be
. The Board shall sit validly if at least half of its members are present. If not, a new sitting shall be held after a period of 15 days without a quorum.
" The proceedings shall be taken by a majority of the members present. If the votes are equally divided, the President shall have a casting vote.
" The Director, Accounting Officer and Financial Controller shall participate with advisory opinion in the work of the Board of
. Art. R. 795-6. -The Administrative Board shall define the general principles relating to the offers of compensation of the Office.
It shall also deliberate on the following matters:
" 1. The General Organization of the Office and its Rules of Procedure;
" 2. Budget and its changes, as well as the financial account;
" 3. Borrowings and maximum cashflow credits;
" 4. Objectives and means contracts with the state;
" 5. Acceptance and denial of donations and bequests;
" 6. Acquisition, disposal and exchange of real property;
" 7. Contracts as well as public contracts and agreements exceeding a threshold that it determines;
" 8. Legal proceedings and transactions, except those resulting from the application of Articles L. 1142-3, L. 1142-14 to L. 1142-17, L. 1142-20, L. 1142-21 and L. 3111-9;
" 9. The agreement with the primary health insurance fund referred to in Article R. 795-13;
" 10. General conditions of employment and recruitment of staff;
" 11. The designation of the representatives of the Office in the regional commissions;
" 12. Questions relating to the offers of compensation and the transactions to which they may give rise, which may be of exceptional scope according to the Director's assessment, and to his initiative, or a financial impact Exceeds a threshold set by the board itself.
" Decisions of the Board of Directors shall be binding thirty days after their receipt by the Minister responsible for Health and by the Minister responsible for the budget, unless one of them objects thereto during that period. Where one of these two ministers requests in writing additional information or documents, the time limit shall be extended until such information or documents are produced.

" Paragraph 2

"Office Director

" Art. R. 795-7. -The Director of the Office shall be appointed by decree on the proposal of the Minister for Health, for a renewable term of three
. It provides direction to the institution. It shall carry out all acts not reserved to the Board of Directors under the provisions of Article R. 795-6.
" It prepares and executes the deliberations of the board of directors, to which it accounts for its management.
" It prepares the budget and runs it.
" It shall be the authorising officer of revenue and expenditure of the budget of the Office
It shall recruit, appoint and manage the contract agents of the Office and assign them, as appropriate, to the regional commissions for the conciliation and compensation of medical accidents, iatrogenic and nosocomial
. It has authority over all staff of the Office, with the exception of judges seconded for the chairmanship of the regional commissions or the alternate chairmanship.
" It represents the institution of justice and all acts of civil life.
" It concludes public contracts, contracts, and leases.
" Subject to the provisions of Article R. 795-6, it shall determine the offers of compensation proposed to the applicants and the amount of the provisions to be paid to them, and shall, where appropriate, decide on the legal proceedings relating to the compensation referred to In Articles L. 1142-15 and L. 1142-17.
" The Director shall inform the Management Board of the terms and conditions of compensation, of the state of the proceedings and of the follow-up of the files and of the action taken under Articles L. 1142-15 and L. 1142-17.
" The Director shall inform each Regional Committee for the conciliation and compensation of medical accidents, iatrogenic and nosocomial infections of the Office's advice.
" The Director may delegate his signature to his staff under the terms of the Rules of Procedure of the Office.

"Subsection 2

" Provisions Financial and accounting

" Art. R. 795-8. -Financial and accounting operations shall be carried out in accordance with the provisions of Decree No. 53-1227 of 10 December 1953 on the accounting rules applicable to national public institutions of an administrative nature and Decree No. 62-1587 of 29 December 1962 amending General Regulation on public
. Art. R. 795-9. -The accounting officer of the Office shall be appointed by joint order of the Ministers responsible for budget and health
Art. R. 795-10. -Revenue and imprest accounts may be established in accordance with the provisions of Decree No 92-681 of 20 July 1992 on revenue authorities and imprest accounts of public
. Art. R. 795-11. -The Office is subject to the financial control of the State established by the decree of 25 October 1935 organizing the financial control of the autonomous public offices and institutions of the State. The Financial Controller shall, within 15 days of the receipt of the decisions subject to the visa, either give the visa or make known to the authorising officer the reasons for the postponement or refusal of a visa
Art. R. 795-12. -The Director may make transfers of appropriations between the chapters of the estimates account by provisional amending decision, provided that it does not affect the outcome and that it does not include transfers between the two Personnel and hardware chapters.
" Art. R. 795-13. -The overall staffing of the Office provided for in the seventh paragraph of Article L. 1142-23 shall be paid by the primary health insurance fund of the place of establishment of the Office, in the form of monthly payments, under conditions laid down by a Agreement between this credit union and the Office.
" Art. R. 795-14. -The allocation of the burden of the overall staffing of the Office between the different sickness insurance schemes shall be based on the rates fixed annually in accordance with Article R. 174-1-4 of the Social Security Code.

"Subsection 3

" Indemnification Process by Office

" Art. R. 795-15. -Where, pursuant to Article L. 1142-15, the Office is substituted for the insurer of the person liable for damages, compensation shall be paid to the victim under the conditions laid down in Articles R. 795-16 to R. 795-18 below.
" Art. R. 795-16. -Where, at the end of the four-month period available to it, in accordance with Article L. 1142-14, the insurer has not made an offer of compensation, the victim or his successors in title may submit to the Office, by registered letter with acknowledgement of receipt, An application for compensation on its part.
" The same applies when, while the regional commission considers that damage is attributable to several officials, the insurers of the latter have not made a joint offer at the end of the four months available to them to do
. The Office records the application and informs the author.
" The four-month period provided for in Article L. 1142-14 shall be counted from the date of receipt by the Office of the request made by the victim or his successors in
. Art. R. 795-17. Article L. 1142-14 short as from the date of receipt by the Office of the opinion of the regional commission.
" Where the person considered by the regional commission as responsible for the damage is not insured Art. R. 795-18. -Where the ceilings for the guarantee of the insurance contracts of the person responsible for damages are reached and do not allow the compensation of the victim or his successors in title, the insurer shall notify the person without delay and the person Considered responsible and the Office, by registered letter with acknowledgement of receipt.
" The four-month period provided for in Article L. 1142-14 shall be counted from the date of receipt by the Office of the letter of the Insurer. "

Item 2 Read more about this Article ...

Until associations are approved under the conditions laid down in Article L. 1114-1 of the Public Health Code, users' representatives on the Board of Directors of the National Office Compensation for medical accidents, iatrogenic conditions and nosocomial infections are designated by the Minister responsible for health, among the members of the associations representing the sick and the users of the health system, For a period of one year.

Item 3 Read more about this Article ...

Until the coming into force of the rules of procedure of the Board of Directors of the National Agency for the Compensation of Medical Accidents, iatrogenic and Nosocomial Infections, the two members Appointed by order of the Minister responsible for health.

Article 4 More about this Article ...

Minister of Economy, Finance and Industry, Minister of Employment and Solidarity, Minister of Justice, Minister of Justice, Minister of Public Service and Reform of the State, Minister for Health and the Secretary of State for the Budget shall each have responsibility for the implementation of this Decree, which shall be published in the Official Journal of the French Republic.

In Paris, April 29, 2002.

Lionel Jospin

By the Prime Minister:

The Minister of Employment and Solidarity,

Elisabeth Guigou

Minister of Economy,

Finance and Industry,

Laurent Fabius

Seals, Minister of Justice,

Marylise Lebranchu

The Minister of Public Service

and Reform State,

Michel Sapin

Associate Minister of Health,

Bernard Kouchner

Budget Secretary,

Florence Parly

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