Key Benefits:
The Prime Minister,
On the report of the Minister of Employment and Solidarity and the Minister of Justice, Minister of Justice,
In the light of the Public Health Code, including articles L. 1142-6 and L. 1143-1 Article 98 of Act No. 2002-303 of 4 March 2002 on the rights of patients and the quality of the health system;
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 incurred by the The movement of civilian personnel on the metropolitan territory of France when they are responsible for the budgets of the State, the national administrative institutions and certain subsidised bodies;
Given the decree N ° 2001-492 of 6 June 2001 for the application of Chapter II of Act No. 2000-321 of 12 April 2000 on the acknowledgement of receipt of applications submitted to the administrative authorities;
In view of the opinion of the National Insurance Fund Employee disease as of March 26, 2002;
In view of the opinion of the Insurance Regulatory Commission dated April 4, 2002;
In the opinion of the Board of Governors of Administrative Tribunals and Administrative Courts of Appeal As of April 16, 2002;
The Conseil d' Etat (social section) heard,
Describes:
It is added to Chapter VIII of Book VIII of the Public Health Code (Part Two: Orders in Council of the State) a section 3 thus written:
" Section 3
"Regional Commissions for Reconciliation and Compensation for Medical Accidents, iatrogenic Conditions and Nosocomial Infections: Composition and Operations
" Subsection 1
"Common provisions for amicable settlement and conciliation of regional commissions: composition and functioning of
" Art. R. 795-41. -Each regional commission for the conciliation and compensation of medical accidents, iatrogenic and nosocomial infections includes, in addition to its chairperson:
" 1 ° Six representatives of users proposed by the associations of users of the health system who have been approved at regional level under the conditions laid down in Article L. 1114-1 or which have been approved at national level; Having regional representation;
" 2 ° Health Professionals:
" -two representatives of health professionals practising as a liberal designated after the opinion of the regional bodies of the representative trade unions, including a doctor;
" -a hospital practitioner designated after the opinion of the regional bodies of the representative trade unions;
" 3 ° Responsible for public and private health institutions and institutions:
" -a public health official proposed by the most representative public hospital organizations at the regional level;
" -two officials from private health facilities designated by the most representative private hospital organizations at the regional level, including a representative of non-profit private hospital organizations participating in the Hospital public service;
" 4 ° Two representatives of the National Medical Accident Compensation Board, iatrogenic and nosocomial infections designated by its board of directors;
" 5 ° Two representatives of companies governed by the Insurance Code;
" 6 ° Four qualified persons in the field of injury repair.
" Alternates to each of the members of the Commission, other than the Chairman, shall be appointed under the same conditions as the holder. The alternates shall participate in the deliberations of the committee only if the holder is absent.
" In regions where the number of folders justifies it, can be named one or more assistant presidents.
" In the event of death, resignation, termination of office for any other cause of a member of the Commission, the latter shall be replaced by his alternate who shall become the holder for the remaining term of office. The President may propose, after having duly heard the person concerned, that it be carried out under the same conditions for the replacement of a member who has been absent from more than three consecutive meetings to which he has not been replaced. A new substitute shall be appointed under the conditions laid down in this Article.
" Art. R. 795-42. -The members of the commission shall be appointed for a renewable period of three
. Art. R. 795-43. -The chairman of the regional commission and his or her deputies are appointed by order of the minister of justice. In the case of administrative judges, this appointment is made on the proposal of the Vice-President of the Council of
. The above-mentioned magistrates may be seconded to the National Compensation Board for medical accidents, iatrogenic and nosocomial infections for the purpose of chairing a regional
. In the exercise of these powers, they are not subject to the hierarchical authority of the Chairman of the Board of Directors or the Director of the National Compensation Board. They are noted by the Chairman of the National Medical Accident Commission.
" The same judge may chair as President or Deputy Chairman two regional commissions at most.
" The members of the committee other than the President and his or her deputies shall be appointed by order of the regional prefect published in the collection of administrative acts of the region
. Art. R. 795-44. -The Chairman of the Regional Committee, when he is not seconded to the National Compensation Office, and, where appropriate, his/her assistant shall receive allowances in respect of the special hardship to which they are
. The same shall be true of the independent ombudsmen provided for in the third subparagraph of Article L. 1142-5
Compensation shall be awarded to the other members or their alternates when their participation in the Commission's meetings results in loss of
. The amount of such allowances shall be fixed by order of the Ministers responsible for budget and health
The members of the committee and their alternates and the mediators shall be reimbursed for the travel and subsistence expenses which they may incur in the course of their duties under the conditions laid down in Decree No 90-437 Of 28 May 1990, as amended laying down the conditions and rules for the settlement of the costs of the movement of civilian personnel on the metropolitan territory of France when they are in charge of the State budgets, of the institutions National administrative and some funded organizations.
" Art. R. 795-45. -The committee meets either in the formation of an amicable settlement or in the form of conciliation on convocation by its chairman, who sets the agenda and appoints the rapporteurs, either from among the members of the committee or as necessary Among relevant public servants or public servants.
" It can only deliberate if at least seven of its current members are present. Otherwise, a new sitting shall be held, without a quorum, after a period of fifteen days.
" The opinions of the committee shall be adopted by a majority of the members present. If the votes are equally divided, the President shall have a casting vote.
" Art. R. 795-46. -The secretariat of the committee shall be under the authority of the Chairman. It is provided by personnel made available by the National Compensation Board.
" The committee shall adopt a rules of procedure in accordance with a standard regulation drawn up by an order of the Minister responsible for health, which sets out the conditions for its operation. This Regulation lays down the arrangements for the organisation of work and the preparation of opinions, the division of tasks between the President, where appropriate the Deputy Chairpersons and the members of the Committee, and the work which may be entrusted to Staff of the National Compensation Board made available to the Commission pursuant to Article L. 1142-6.
" The members of the Commission and the mediators referred to in Article R. 795-59 declare, where applicable, that they have a direct or indirect connection, of a family, professional or financial order, with the persons whose applications are examined or with the Health professionals, health care facilities, health services or organizations or producers, operators or distributors of health products affected by this application.
" Where such is the case, they shall not participate in the preparation of the opinions, sit during the committee's work or carry out a conciliation mission relating to that
. Art. R. 795-47. -The regional commission adopts each year:
" -a report on its operation and activity, in the form of amicable settlement and conciliation training, which it submits to the National Compensation Office;
" -a report on the expert opinion carried out by the Commission, which it transmits to the National Medical Accident Commission before 15 July
The chairman of the regional commission shall transmit to the national commission, at the request of the national commission, any information relating to its operation and activity, with the exception of those that are nominative and relating to health data at Personal character.
" Art. R. 795-48. -The Regional Committee may, by a reasoned report, apply to the National Medical Accident Commission for the cancellation of the national list of medical accident experts of an expert registered near an appeal court whose seat is located in Its spring. It shall deliver an opinion on a request for the cancellation of an expert made by the National Commission within two months
The request for cancellation or notice shall be adopted by the Regional Committee on the formation of an amicable settlement.
"Subsection 2
" Provisions relating to Mutual Agreement Procedure for Medical
, iatrogenic and Nosocomial Infections
" Art. R. 795-49. -The request for compensation for damage attributable to an act of prevention, diagnosis or care shall be submitted to the Regional Committee within the jurisdiction of which the act of prevention, diagnosis or care in question has been carried out. The application shall be submitted by means of a form conforming to the model approved by the Board of Directors of the National Compensation
. The request shall be sent to the commission by registered letter with acknowledgement of receipt or deposited with the secretariat of the commission against
. It shall be accompanied by supporting documents, the list of which, by order of the Minister responsible for health, after the opinion of the National Compensation Office, is reproduced in the form. In addition to the information referred to in the second and third paragraphs of Article L. 1142-7, this list shall include, in particular, a medical certificate attesting to the precise consistency of the damage suffered by the applicant. In addition, it shall attach to its application any other document which may support it and in particular to establish that the damage suffered has the character of gravity referred to in II of Article L. 1142-1.
" The Regional Committee shall acknowledge receipt of the file, register the application and, where appropriate, request the missing parts in the forms and conditions laid down in the Decree of 6 June 2001 for the application of Chapter II of Law No. 2000-321 Of 12 April 2000 and relating to the acknowledgement of receipt of applications submitted to the administrative
. Upon receipt of the initial application, the Commission shall inform, by registered letter with acknowledgement of receipt, the professional, the establishment, the centre, the health organisation or the producer, the operator or the distributor of health products, including the Liability shall be challenged, as appropriate, by the applicant. The party concerned shall, without delay, indicate to the Commission the name of the insurer guaranteeing its civil liability, at the time of the claim for compensation and at the time of the relevant facts.
" Art. R. 795-50. -In order to assess whether the damage suffered is of the nature of gravity provided for in Article L. 1142-1, the committee, or its chairman if it has received delegation for that purpose, may submit for compliance the supporting documents referred to in The previous item to an expert.
" The parties concerned are informed of the identity and titles of the expert (s).
" Art. R. 795-51. -Where the Committee considers that the damage suffered does not constitute the character of gravity provided for in Article L. 1142-1, it declares itself incompetent and the applicant and the professional, the establishment, the centre, the health organisation Or the producer, operator or distributor of health products concerned by the application, as well as its insurer, shall be informed by registered letter with acknowledgement of receipt.
" The registered letter sent to the applicant shall inform the applicant of the possibility of referring the matter to the Commission for
. Art. R. 795-52. -Where the Commission considers that the damage suffered is of the nature of gravity provided for in Article L. 1142-1, the parties concerned, as well as the insurers of the parties concerned, shall be notified by registered letter with accused of Receipt of the date on which the committee meets for the purpose of rendering the notice under Article L. 1142-8. The expert report shall be forwarded to them before the meeting of the
. At any time, the parties shall be informed, at their request, of the state of the procedure
The parties shall be heard on their request or at the request of the Commission. They may be assisted or represented by a person of their choice.
" The opinion of the committee provided for in Article L. 1142-8 shall specify for each head of the damage the circumstances, causes, nature and extent of the damage suffered and its assessment of the liability incurred
It also specifies whether, on the date it is rendered, the condition of the victim is consolidated or not.
" Art. R. 795-53. -The notice shall be sent by registered letter with acknowledgement of receipt to the applicant, the National Compensation Office and the professional, the establishment, the centre, the health organisation or the producer, the operator or the distributor of the Health products whose liability has been called into question by the applicant and its insurer. Where the notice indicates that the damage incurs the liability of several persons, it shall be addressed to each of the persons concerned and to their respective
. The opinion shall specify, where appropriate, that the person considered by the regional commission as liable for the damage has not communicated the name of its insurer or that it has indicated that it is not insured.
" Where the Regional Committee considers that the liability of one of the persons referred to in the first subparagraph of Article L. 1142-14 is incurred, the notice to the applicant shall specify that he may refer the matter to the National Compensation Office if the insurer of The person considered responsible did not send him an offer of compensation within the four-month period provided for in Article L. 1142-17.
" In addition to its opinion and the expert report, the Commission shall transmit to the Insurer or to the Office, as the case may be, all the documents communicated by the applicant in order to enable them to establish an offer. Medical information shall be transmitted in accordance with medical confidentiality.
" Art. R. 795-54. -Where the consolidation of the condition of the person having suffered damage is later than the date on which the Commission has delivered a first opinion or where new damage attributable to an aggravation of the condition of the person requires A new assessment of the damage, a new appraisal may be carried out either on the initiative of the committee or at the request of the person, so that a new offer of compensation may, if necessary, be offered to that person Last.
" The application shall be submitted in accordance with the conditions laid down in Articles R. 795-49 to R. 795-53 without, however, whether the damage which is the subject of the application has the character of gravity provided for in Article L. 1142-1.
"Subsection 3
" Terms and Conditions for Conciliation
" Art. R. 795-55. -The Conciliation Committee shall examine the applications relating to disputes or difficulties arising in connection with an act of prevention, diagnosis or care carried out in its
. Art. R. 795-56. -The commission shall be entered by registered letter with acknowledgement of receipt. The request for conciliation shall include the name and address of the applicant, the professional, the establishment, the health centre or service or the producer, the operator or distributor of the health products concerned, as well as the subject matter of the Dispute.
" Art. R. 795-57. -If this is conducive to the solution of the dispute and with the agreement of the applicant, the Chairman of the Committee may divest itself of the request for conciliation and forward it to the Committee on User Relations and the Quality of the Concerned, either at the regional interprofessional assembly referred to in Article L. 4393-2 or the departmental council of the order concerned.
" Art. R. 795-58. -The Commission shall hear those interested in the dispute and shall endeavour to reconcile them. In the case of conciliation, total or partial, it finds conciliation, the terms of which are the subject of a conciliation document. This document also shows the remaining points of disagreement when conciliation is partial. It shall be signed by the parties concerned and by the chairman of the committee or his representative
An original copy of the conciliation document shall be given or addressed to each of the parties
. Art. R. 795-59. -The committee may delegate the conciliation to a member of the committee or an independent mediator who, because of his qualifications and experience, has guarantees of competence and independence
The members of the committee or the mediator shall conduct the conciliation in accordance with the conditions and forms provided for in Article R. 795-58. In the case of conciliation, total or partial, they personally sign the conciliation document, a copy of which is communicated to the committee. "
Until associations are authorised under the conditions laid down in Article L. 1114-1 of the Public Health Code, users' representatives in the regional medical accident committees are Designated by the Minister responsible for health among members of associations representing sick persons and users of the health system, for a period of one year renewable once.
The Minister of Economy, Finance and Industry, the Minister of Employment and Solidarity, the Minister of Justice, the Minister of Justice, and the Minister of Justice Minister responsible for health shall be responsible for the execution of this Decree, each of which shall be published in the Official Journal of the French Republic.
Done at Paris on 3 May 2002
Lionel Jospin
By the Prime Minister:
The Minister of Employment and Solidarity,
Elisabeth Guigou
The Minister of the Economy,
Finance and Industry,
Laurent Fabius
Seals, Minister of Justice,
Marylise Lebranchu
The Minister of Health,
Bernard Kouchner
