Key Benefits:
Minister of Solidarity, Health and Family and Secretary of State for Health Insurance,
Considering the social security code;
Considering Act No. 2004-810 of 13 August 2004 on health insurance;
Having regard to the advice of the Board of the National Health Insurance Fund on 21 December 2004;
In view of the referral letter of the Industrial Accidents and Occupational Diseases Commission dated 9 December 2004,
Stop:
Approved, as annexed to this Order, are the statutes of the unions or federations of the sick branch of the general social security system.
The present order will be issued in the Official Journal of the French Republic.
A N N E X E
STATUS MODELS OF UNIONS OR FÉDÉRATIONS
OF SOCIAL SECURITY ORGANIZATIONS
Chapter I
Constitution and aims of the union
(or federation)
Article 1
It is constituted, in accordance with Articles L. 216-1 to L. 216-3 of the Social Security Code, a union (or federation) between the primary health insurance funds listed below that have acceded to these Regulations.
The regional union of health insurance funds may, at its request, be a member of the union (or federation).
Union (or federation) takes the name of
Its seat is fixed to
It may be transferred, by decision of the council, to any other place in the same city or to another city.
Article 2
The union (or federation) has for purposes and for common missions (1):
ensure, upon request, all common services, subject to the obtaining of the required administrative authorizations.
The union (or federation) shall be empowered by the adhering bodies to carry out the tasks that are assigned to the union (or federation) pursuant to this Article.
Specific provisions for computer centres
Article 3
The purpose of the centre is to respect the decisions taken by the legislative bodies of the national body approved by the guardianship ministers:
- to ensure the optimal use of computer means for the priority execution of the technical, accounting and statistical tasks that are the responsibility of the constituent organizations and as defined by the texts in force;
- to carry out, upon request of the constituent bodies, the related work for other services or establishment;
- possibly to carry out the study, presentation and implementation of projects related to the use and implementation of electronic equipment, in conjunction with and in agreement with the national bodies concerned.
All of the work entrusted to the centre must be carried out within the framework of the general processing models provided by national agencies or with their agreement.
In addition, the Centre will be able to carry out any work requested by social security agencies based on its availability. Billing of this work will be subject to special agreements.
Constituent organizations:
- adopt the methods, means and prints selected for each category of organisms by national bodies or with their agreement;
- ensure the proper execution of decisions made by the board and the steering committee, the good quality of the liaison documents transmitted by the services and the observance of the directives and instructions of the competent national bodies.
Chapter II
Executive bodies
Section I
Council
Article 4
The union (or federation) includes a council composed of equal numbers of representatives of the councils of each of the adhering bodies chosen from the different categories of members having a deliberate vote.
Within the board of the union (or federation), the number of representatives of social insured persons is equal to that of employers.
The number of Council members may not exceed thirty. When the number of constituent organisms is greater than fifteen, each body designates a representative. In addition, where the number of constituent bodies is odd and greater than fifteen, the union council (or federation) designates an additional member of the boards of the adhering bodies, so as to ensure parity between representatives of social insured persons and employers.
Each adhering body shall designate as many alternates as incumbents.
In the event that the board designates an additional member, it also designates an alternate of the same class.
Alternates may be from an organization different from that of the holders but are from the same class of members.
Article 5
Council deliberates:
- on the direction of the union (or federation) ;
- on real estate operations and heritage management: real estate projects and programmes are subject to the conditions of authorization provided for in articles R. 217-1 and R. 217-2 of the Social Security Code;
- acceptance and refusal of gifts and bequests;
- on the representation of the union (or federation) in the bodies and bodies within which it is obliged to sit.
The Board approves, on the proposal of the Director, the management and response budgets. These proposals are deemed to be approved, except as opposed to a qualified two-thirds majority of Council members.
The board may be seized by the director of any matter relating to the operation of the union (or federation).
It may, on the basis of a reasoned opinion rendered by a two-thirds majority of its members, carry out any control necessary to carry out its duties.
He cuts the financial account after hearing the accountant.
It establishes the statutes of the union.
The board may establish a portion of its duties within the board and delegate to them under the same conditions as those defined in section R. 224-3 of the Social Security Code.
The board shall designate its representatives in the outside bodies or bodies in which the union is to be held.
Status of Council members
Article 6
Members are appointed for the duration of their term in the Council of Constituent Organizations. They lose their mandate when they lose the quality that motivated their designation.
Alternate persons attend the sessions only in the absence of the licensees.
The functions of members of the union council (or federation) are free of charge. However, members are entitled to reimbursement of their travel expenses under the conditions established by order of the Minister for Social Security.
Employee council employers are also reimbursed the wages maintained to enable them to perform their duties during working hours, as well as the benefits and social expenses associated with them.
Representatives of self-employed persons may receive compensation for the loss of their earnings, set by order of the Minister for Social Security.
The President and the Vice-President(s)
Article 7
The Chairperson and the Vice-Chairperson(s) shall be elected for the duration of the term of office of the members of the Council under the conditions defined in Article D. 231-24 of the Social Security Code. The president's mandate is renewable once.
The President shall ensure the proper functioning of the union (or federation) in accordance with the legislative and regulatory provisions.
The Chair chairs the Council meetings and organizes the proceedings. The Vice-Chairperson(s) shall assist the Chair in all his or her functions under the conditions provided by the Board. The first vice-president replaces it in the event of an incapacitation.
Office
Article 8
The Board may decide by a majority of its members to establish an office to which it chooses members within it from among the different categories of members on a deliberate basis. The office includes ... members, including the Chair, the First Vice-Chair and the other Vice-Chairs of the Board.
Each interprofessional union organization of employees is represented at its request. Within the office, the number of social insurance representatives is equal to that of employers.
Members of the Bureau shall be elected by secret ballot for the duration of the term of office of members of the Council. Any decision that does not unanimous the members is referred to the board.
Board function
Article 9
The council meets at least four times a year on the convocation of its president. The summons is entitled when requested by a third of Council members or by the Regional Director of Health and Social Affairs. In this case, the meeting shall take place within twenty days of the request. Questions, including the Regional Director or one-third of the members requesting inclusion on the agenda, are registered under the law.
In the event of simultaneous unavailability of the president and the vice-president, the council may be convened by the director of the union (or federation). In this case, the chair of the meeting is provided by a member of the board designated by the board.
The Council may only deliberate validly if the majority of members with a deliberative vote attend the meeting. Is null and void any decision taken as long as the quorum is no longer reached during the sitting or when the council has not been convened regularly.
Members of the board may not be represented at meetings except by an alternate director. They may give delegation of vote to another member of the Council. No member can, however, receive more than one delegation. The delegation should be given in writing and delivered to the Chairperson at the beginning of the meeting for which it was given. This delegation may, however, be reconvened when a member of the board has to leave the meeting.
Decisions are made by a majority vote. The president's voice is not preponderant. The secret ballot vote is mandatory in respect of election and all matters when requested by an administrator.
The board may hear any person or organization that it considers to be relevant to its information.
The Regional Director of Health and Social Affairs or his or her representative may be heard at the request of the Council.
The director and accounting officer of the union (or federation) and of the adhering bodies shall assist with an advisory vote in the meetings of the board and the committees having received delegation of the board.
The board may, for any matter it deems useful, collect the advice of the steering committee referred to in section 11 of these statutes.
Any political, religious or foreign discussion of the purpose of union (or federation) is prohibited in the council meetings.
The difficulties that cannot be resolved by the council will be submitted by the president to the National Health Insurance Fund for Employees.
Article 10
Each meeting of the Board shall be held in the drafting of a minutes, which shall be approved by the Chair and the First Vice-Chair. The minutes shall be submitted, at the following sitting, for the approval of the board. Minutes are transmitted under the conditions set out in article R. 151-1 of the Social Security Code to the Regional Directors of Health and Social Affairs. They are also transmitted to the Director General of the National Health Insurance Fund for Employees under the conditions set out in articles L. 221-3-1, twelfth paragraph, and R. 221-5 of the Social Security Code.
Section II
The Director
Article 11
The Director shall be appointed by the Director General of the National Health Insurance Fund for Employees in accordance with the provisions of Article L. 217-3-1 of the Social Security Code. The board may object to the appointment by a two-thirds majority under the terms set out in section R. 217-10 of the Social Security Code. The director of a computer centre may be an executive officer of a constituent organization.
For unions other than a computer centre, it must be an executive officer of an organization adhering to the union and may not belong to the same organization as the accounting officer of the union.
The director directs the union (or federation). It is responsible for its proper functioning and implements the guidance of the Board. He exercises all the skills that are not assigned to another authority.
In particular, it is responsible for:
- in connection with the steering committee, to prepare the work of the council, to implement the directions defined by the council;
- to make all decisions and to ensure all operations relating to the operation of the union (or federation), to its administrative, financial and real estate management;
- to establish and execute the management and intervention budgets, to conclude on behalf of the caisse (or federation) any agreement and to control its implementation.
It represents the union (or federation) in justice and in the acts of civil life. It signs markets and conventions, is the agent of expenses and revenues.
He recruits the staff and has authority over him. He appoints the management officers of the union, other than the accounting officer.
On behalf of the steering committee, he reports to the union management board (or federation) after the closing of each fiscal year.
It shall report periodically to the Board on the implementation of the guidance defined by the Board. At the latest, at the end of the first quarter of each year, he submits an activity and operating report to the board for the past year.
This report is transmitted to the Chair of the Board, to the constituent organizations, to the Director General of the National Health Insurance Fund for Employees and to the Prefect in the Region.
In the event of a momentary absence or incapacitation of the Director, his or her functions are performed by the Deputy Director. In the event of the absence or incapacity of the Director and Deputy Director, or in the absence of an Assistant Director, the Director's functions are performed by a management officer designated prior to that effect by the Director. In the event of a vacancy of the Director, the Director General of the National Health Insurance Fund for Employees designates the person responsible for performing the interim pending appointment.
Section III
Steering Committee
Article 12
The director of the union (or federation) is assisted by a steering committee, which is composed of the director (or his representative) and the accounting officer (or his representative) of each of the organizations constituting the union (or the federation).
In addition, the steering committee may understand any person that it considers competent, sitting with an advisory voice.
The steering committee meets as often as circumstances require, including at the request of the union director (or federation) and at least four times a year. The meeting shall be entitled if the majority of members so requests or, in the case of a group limited to two organizations, if one of the directors so requests.
The decisions of the steering committee are applied under the responsibility of the director of the union (or the federation).
The steering committee is responsible for assisting the management of the union (or federation) in preparing the work of the council, including technical advice on the proposed management and response budgets.
The steering committee is associated with the achievement of the common goals and missions set out in section 2 of these statutes.
In this context, the director of the union (or federation), after the advice of the steering committee, may delegate to one or more adhering bodies the execution of the committee's decisions.
Steering Committee: specific provisions
Information technology centres
Article 13
The IT Centre Steering Committee is responsible for:
- the study of the technical applications inherent in the various work in the centre as part of the general treatment models approved by the National Health Insurance Fund of Employees;
- the implementation of means specific to the application of working methods;
- the study of the terms and conditions for linking user services to the centre;
- the establishment or development of work plans;
- proposals for the purchase, rental, processing, disposal or sale of equipment to be submitted to the agreement of national bodies;
- the study of rebate prices and the billing of services rendered.
For studies or pre-investigations of the issues identified in its program, the steering committee may establish functional commissions for which it designates members.
Commissions, whose functions will be limited in their purpose and in time, will have to submit their reports and conclusions in the form and time frames provided by the steering committee.
The deliberations and proposals of the steering committee are the subject of a record which is transmitted to each member, as well as to the National Health Insurance Fund for Employees.
While retaining their full freedom in terms of internal organization, the constituent organizations are committed, with the aim of normalizing and thus making the most effective decisions taken, to adopt the methods, means and prints proposed by the steering committee.
Section IV
Accountant officer
Article 14
The accounting officer shall be appointed by the Director General of the National Health Insurance Fund for Employees in accordance with the provisions of Article L. 217-3-1 of the Social Security Code. The board may object to the appointment by a two-thirds majority under the terms set out in section R. 217-10 of the Social Security Code.
The accounting officer must be an executive officer of an adhering organization. He cannot belong to the same body as the director.
He performs his duties under the conditions applicable to CPAM accounting officers and referred to in article R. 211-4 of the Social Security Code.
The accounting officer receives delegation from the accounting officers of the adhering organizations to carry out the transactions on behalf of each organization that are limited to the delegation.
In the event of absence or incapacity, its functions are performed by the power-based. In the event of a vacancy, his duties are performed by the head of office until the appointment by the director general of the National Health Insurance Fund of the employee workers of a new accounting officer.
Chapter III
Functioning of the union (or federation)
Article 15
The furniture, equipment and services of all orders necessary for the operation of the union (or federation) may either be provided by the constituent bodies, which then own them, or be acquired by the union (or federation).
An inventory of the premises and materials for the operation of the union (or federation) is prepared.
This document serves as the basis for determining the annual charge for the compensation or amortization of investments.
Staff recruitment is the responsibility of the union director (or federation). When the union (or federation) is formed, it will be used, as a priority, to the agents of the constituent bodies with the skills required for the positions to be filled.
Chapter IV
Miscellaneous provisions
Article 16
Union (or federation) is subject to existing regulations in the markets applicable to social security organizations.
Financial management. - Resources
Article 17
The accounting of the union (or federation) shall be held in accordance with the provisions of articles D. 253-1 et seq. of the Social Security Code.
As soon as the union (or federation) is formed, the constituent bodies participate in the expenses. These expenses are distributed under the conditions defined by the National Health Insurance Fund for Employees.
The resources of the union (or federation) consist of:
(a) Initial contributions from constituent organizations;
(b) Compensation for services rendered;
(c) Contributions from constituent organizations;
(d) Funds or holdings from NCAMTS;
(e) Gifts and bequests;
(f) In general, all other resources not contrary to the regulations applicable to social security organizations.
These resources are used to cover all costs incurred by the operation of the administration of the union (or federation) and necessary for the realization of the purposes (and common missions) specified in Article 2 of these statutes.
Amendment of the statutes. - Dissolution
Article 18
The present statutes of the union (or federation) may be amended on the proposal of the council meeting at the request of the majority of its members or at the request of the National Health Insurance Fund of the employed workers.
The amendments to the statutes of the union (or of the federation) are communicated to the constituent bodies and adopted after agreement of the majority of the constituent bodies of the union, then approved by the guardianship authority, after the advice of the Caisse nationale de l'assurance maladie des travailleurs wages.
The dissolution of the union (or federation) can only be pronounced after the agreement of the majority of the constituent organizations and, for the computer centres, the National Health Insurance Fund of the employed workers.
The dissolution of the union (or federation) takes effect on the date of the fiscal year in which it was pronounced.
After repayment of the loans and release of the commitments of the union (or of the federation), the contingent assets will either be transferred to another social security organization taking over the mission of the union (or federation), or distributed among the constituent organizations of the union (or federation) at the time of its dissolution, prorated the amount of their financial participations, in terms that will be decided by the council after having been submitted, for the information centres,
The Director and Accountant will have the necessary authority to proceed with liquidation operations under the supervision of the Regional Director of Health and Social Affairs.
Done in Paris, December 29, 2004.
The Minister of Solidarity,
health and family,
Philippe Douste-Blazy
State Secretary for Health Insurance,
Xavier Bertrand
