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• LOI No. 2002-1487 of 20 December 2002 on social security financing for 2003 (1)

Summary

In his art. 45, Act 2002-1487 of 20-12-2002 amended art. 4 from far 88-16 of 05-01-1988, concerning the mechanism for inciting the early cessation of medical activity (MICA). In accordance with these new provisions, it is necessary, in order to be able to claim the benefit of MICA, to cease its non-employed medical activity permanently before 01-10-2003. However, the law refers to a decree to the determination of two types of exemptions: - the exceptions to the date of 01-10-2003 (the MICA being open to doctors who cease their liberal medical activity before "01-10- 2003, except as provided by decree" cf art. 45-1° of Law 2002-1487; - the cases and conditions in which, on an exceptional basis, the cessation of activity can intervene "after 01-10-2003 for persons who have organized before 01-10-2002 their cessation of activity" (cf. art. 45 of Law 2002-1487). As a result, this decree continues 2 objects: - fixing contributions for the years to come; - implement the exceptions provided for in art. 45 of Act 2002-1487. A) fixing contributions. Decrees 2000-696 of 24-07-2002 and 2002-1511 of 23-12-2002 had only fixed rates for the years 2000, 2001 and 2002. Based on forecasting costs, it is proposed to set these rates as follows for the years 2003 to 2006 (see art. 1 of this decree): - 1, 856 % for the year 2003; - 1.68 per cent for 2004; - 1.296 % for the year 2005; - 0.816% for 2006. B) implementation of the exceptions provided for in art. 45 of Act 2002-1487. (1) exceptions provided for in Art. 45-1 of Law 2002-1487. Since 01-10-2000 (Decree 2000-696 referred to above having amended Decree 97-379 of 21-04-1997), the maximum amount of the allowance paid to MICA recipients varies depending on whether the doctor is over or under 60 years of age at the time of membership in MICA. When they decide to stop their liberal activity, physicians must notify the CPAM of their decision, the membership of the device taking effect on the first day of the calendar quarter following this notification. As a result, art I. 2 of this Order provides a favourable measure for physicians aged 60 in the last quarter of 2003. In this case, the end-of-service date is extended by 31-12-2003, and may then be eligible for the maximum amount applicable to physicians aged 60-64. (2) exceptions provided for in Art. 45-7° of Law 2002-1487. In its II, 2nd, 3rd and 4th paragraphs, art. 2 of this decree concerns the evidence that doctors must provide to justify that they have organized their cessation of medical activity before 01-10-2002 (e.g. promise or sale compromise for doctors who own their equipment or their premises). These provisions are part of the legislative empowerment provided by Act 2002-1487, which requires the parties to have organized their cessation of activity before 01-10-2002. This is the only condition that exemptions may be granted. Amendment of articles 6 and 11 of the above-mentioned Decree 97-379.

Keywords

HEALTH , PUBLIC HEALTH , HEALTH POLICY , MEDECINE , EXERCISE OF THE PROFESSION , FORMALITY , BENEFICIARY , ALLOCATION OF CHILDREN ,

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JORF n°180 of 6 August 2003 page 13604
text No. 74



Decree No. 2003-762 of 1 August 2003 amending Decree No. 97-379 of 21 April 1997 on the mechanism for inciting the early cessation of medical activity

NOR: SANS0322097D ELI: https://www.legifrance.gouv.fr/eli/decret/2003/8/1/SANS0322097D/jo/texte
Alias: https://www.legifrance.gouv.fr/eli/decret/2003/8/1/2003-762/jo/texte

The Prime Minister,
On the report of the Minister of Health, Family and Persons with Disabilities, the Minister of Social Affairs, Labour and Solidarity, the Minister of Economy, Finance and Industry, the Minister of Agriculture, Food, Fisheries and Rural Affairs, and the Minister for Budget and Budget Reform,
Considering the Social Security Code, Book VI, Title IV;
Having regard to Act No. 88-16 of 5 January 1988 on social security, in particular Article 4, last amended by Article 45 of Act No. 2002-1487 of 20 December 2002 on social security financing for 2003;
Having regard to amended Decree No. 97-379 of 21 April 1997 implementing article 5 of Order No. 96-345 of 24 April 1996 on medical control of care expenses;
Considering the advice of the Interdepartmental Coordination Committee on Social Security of 11 April 2003;
Having regard to the advice of the Board of Directors of the National Health Insurance Fund for Employees dated 12 May 2003,
Decrete:

Article 1 Learn more about this article...

In Article 6 of the above-mentioned Decree of April 21, 1997, after the words: "is equal to 2.048% for the years 2000, 2001 and 2002" are added the words: ", 1.856 % for the year 2003, 1.68 % for the year 2004, 1.296 % for the year 2005 and 0.8% for the year 2006".

Article 2 Learn more about this article...

Article 11 of the above-mentioned Decree of 21 April 1997 is as follows:
“Art. 11. - I. - For the implementation of the first paragraph of I of Article 4 of the above-mentioned Act of 5 January 1988, the final date of termination of any non-employed medical activity for physicians up to the age of sixty years by 31 December 2003 may be, at the latest, that of their sixtieth anniversary.

“II. - Pursuant to the III of Article 4 of Act No. 88-16 of 5 January 1988, persons who have organized before 1 October 2002 their cessation of non-employed medical activity may request to cease this activity after 1 October 2003, without, however, the effective date of termination of non-employed medical activity may be deferred beyond 31 December 2004.
"Interested persons must demonstrate that they have organized, by 1 October 2002, their cessation of non-earmarked medical activity by 31 December 2004 by the production of any document of certain value, including:
“(a) Promise or compromise of sale of equipment or premises intended for the exercise of the profession, setting a deadline for completion;
“(b) If they are not owners of the equipment or the premises in which they practise their profession, contract, advent or any other document fixing the date on which they will no longer have the use of the equipment or the premises;
"(c) Customer submission contract, transfer of company shares in relation to the medical exercise.
"The request for an exemption indicating the date on which the person concerned intends to cease his or her non-employed medical activity and the necessary supporting documentation(s) must be sent, by registered letter with acknowledgement of receipt, to the Caisse autonome de retraite des médecins de France.
"When the conditions set out in this decree are met, the Caisse autonome de retraite des médecins de France informs the caisse primaire d'assurance maladie de la situation de l'intéressé. The right to alternative allowance is then examined under the conditions set out in Articles 1, 2 and 3 of this Order. »

Article 3 Learn more about this article...

The Minister of Social Affairs, Labour and Solidarity, the Minister of Economy, Finance and Industry, the Minister of Health, the Family and Persons with Disabilities, the Minister of Agriculture, Food, Fisheries and Rural Affairs, and the Minister Delegate for Budget and Budget Reform are responsible, each with respect to it, for the execution of this Order, which will be published in the Official Journal of the French Republic.

Done in Paris on 1 August 2003.

Jean-Pierre Raffarin

By the Prime Minister:

Minister of Health, Family

and persons with disabilities,

Jean-François Mattei

Minister of Social Affairs,

and solidarity,

François Fillon

Minister of Economy,

finance and industry,

Francis Mer

Minister of Agriculture, Food,

and Rural Affairs,

Hervé Gaymard

Minister for Budget

and budgetary reform,

Alain Lambert

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