Key Benefits:
The National Assembly and the Senate adopted,
Vu la Constitutional Council decision No. 2007-558 DC of 13 December 2007;
The President of the Republic enacts the following legislation:
For the 2006 exercise, it is approved:
1° The balance table, by branch, of all mandatory basic social security schemes:
(In billions of euros)
| Disease | 160.1 | 166.0 | 5.9 |
| Old age | 162.2 | 163.2 | ― 1.0 |
| Family | 52,9 | 53.7 | 0.8 |
| Occupational accidents and diseases | 11.2 | 11.3 | 0.1 |
| All branches (excluding transfers between branches) | 381.4 | 389.2 | ― 7.8 |
(In billions of euros)
| Disease | 137,5 | 143.4 | 5.9 |
| Old age | 83.0 | 84.8 | 1.9 |
| Family | 52.5 | 53.4 | 0.9 |
| Occupational accidents and diseases | 9.8 | 9.9 | 0.1 |
| All branches (excluding transfers between branches) | 277,8 | 286,6 | 8.7 |
(In billions of euros)
| Old-age solidarity fund | 13.5 | 14,7 | 1.3 |
| Funding for social benefits of non-agricultural workers | 15.0 | 16.3 | 1.3 |
Is approved the report in Appendix A to this Act describing the measures for the allocation of surpluses or the coverage of deficits identified in connection with the approval of balance tables for the fiscal year 2006 in section 1.
For the year 2007, the following tables are corrected:
1° The revenue forecasts and the balance table, by branch, of all mandatory basic social security schemes:
(In billions of euros)
| Disease | 166.8 | 173.4 | 6.6 |
| Old age | 168.0 | 172.1 | ― 4.0 |
| Family | 54,7 | 55.1 | 0.5 |
| Occupational accidents and diseases | 11.3 | 11.6 | 0.3 |
| All branches (excluding transfers between branches) | 395,5 | 406.9 | 11.4 |
(In billions of euros)
| Disease | 143.5 | 149.7 | 4.2 |
| Old age | 85.4 | 90.0 | ― 4,6 |
| Family | 54.3 | 54.8 | 0.5 |
| Occupational accidents and diseases | 10.0 | 10.4 | 0.4 |
| All branches (excluding transfers between branches) | 288.0 | 299.6 | 11.7 |
(In billions of euros)
| Old-age solidarity fund | 14.0 | 14.2 | 0.3 |
| Funding for social benefits of non-agricultural workers | 14.2 | 16,5 | 2.3 |
I. - For the year 2007, the objective of the Social Debt Fund's rectified depreciation of social debt is set at 2.6 billion euros.
II. - For the year 2007, the revised estimates of income allocated to the Retirement Reserve Fund are set at 1.6 billion euros.
In the I of Article 94 of Act No. 2006-1640 of 21 December 2006 for 2007, the amount "€195 million" is replaced by the amount "€125 million" and the amount "€178 million" is replaced by the amount "€108 million".
I. - For the year 2007, the revised estimates of expenditure targets by branch of all mandatory basic social security schemes are set to:
(In billions of euros)
| Disease | 173.4 |
| Old age | 172.1 |
| Family | 55.1 |
| Occupational accidents and diseases | 11.6 |
| All branches (excluding transfers between branches) | 406.9 |
(In billions of euros)
| Disease | 149.7 |
| Old age | 90.0 |
| Family | 54.8 |
| Occupational accidents and diseases | 10.4 |
| All branches (excluding transfers between branches) | 299.6 |
For the year 2007, the national objective of rectified health insurance expenditures for all basic mandatory plans is:
(In billions of euros)
| City care expenses. | 69.4 |
| Expenditures on health facilities tariffed to activity. | 47.4 |
| Other expenses related to health facilities. | 18.2 |
| Contribution of health insurance to expenses in institutions and services for older persons. | 4.8 |
| Contribution of health insurance to expenses in facilities and services for persons with disabilities. | 7.0 |
| Expenses related to other types of care. | 0.8 |
| Total | 147.7 |
The report is approved in Appendix B to this Act describing, for the next four years (2008-2011), the revenue forecasts and spending targets per branch of the mandatory basic social security plans and the general plan, the revenue and expenditure forecasts of the organizations involved in the financing of these plans, as well as the national objective of health insurance expenditures.
I.-After first paragraph of articles 46 of Act No. 84-16 of 11 January 1984 bringing statutory provisions relating to the public service of the State, 65 of Act No. 84-53 of 26 January 1984 with statutory provisions relating to the territorial public service and 53 of Act No. 86-33 of 9 January 1986 with statutory provisions relating to the hospital civil service, a paragraph is inserted to read:
An employee who is seconded for the exercise of a parliamentary mandate cannot, during the term of his or her term, acquire pension rights in his or her original regime. »
II.-The last paragraph ofArticle 4 of Order No. 58-1210 of 13 December 1958Act on the compensation of members of Parliament is abolished.
III.-This section comes into force for members of Parliament and senators, starting with the next full renewal of the National Assembly and the next triennial renewal of the Senate, respectively.
Section 575 of the General Tax Code is supplemented by three paragraphs as follows:
"When the approved retail price of cigarettes and fine-cut tobacco to roll cigarettes is less, respectively, than 95% and 97% of the average price of these products recognized by the last price order, the amount of the minimums of perception provided for in section 575 A may be relieved by order of the Budget Minister.
"For cigarettes, the minimum perception resulting from this increase cannot exceed the amount of the consumer right applicable to cigarettes in the most requested price class.
"For fine-cut tobacco to roll cigarettes, the increase in the minimum of perception cannot exceed 25% of the amount in the last paragraph of section 575 A."
Article 575 A of the general tax code is amended:
1° In the penultimate paragraph, the amount : 128 € » is replaced by the amount : 155 € » ;
2° In the last paragraph, the amount : 75 € » is replaced by the amount : 85 €".
The fourth sentence of the first paragraph of the III of Article L. 241-13 of the Social Security Code is supplemented by the words: ", and excluding compensation for break, dressing and dishabbing times paid under an extended agreement or collective agreement in force on 11 October 2007".
I. - Chapter VII of Title III of Book I of the Social Security Code is supplemented by section 7 and section 8 as follows:
“Section 7
"Manual contribution on the attributions of subscription or share purchase options and on the attributions of free shares
"Art. L. 137-13. - I. For the benefit of the mandatory health insurance plans to which the beneficiaries are concerned, a contribution is made by employers:
“—on the options provided under Articles L. 225-177 to L. 225-186 of the Commercial Code;
"—on the shares assigned under the conditions set out in sections L. 225-197-1 to L. 225-197-5 of the same code.
"In the event of options for subscription or purchase of shares, this contribution shall apply, to the choice of the employer, on a plate equal to the fair value of the options as estimated for the establishment of consolidated accounts for companies applying the international accounting standards adopted by Regulation (EC) No. 1606/2002 of the European Parliament and of the Council of 19 July 2002 on the application of international accounting standards, that is to 25% This choice is exercised by the employer for the duration of the fiscal year for all the options for subscription or purchase of shares it assigns; It is irrevocable during this period.
"In the event of free award of shares, this contribution applies, to the choice of the employer, on a plate equal to the fair value of the shares as estimated for the establishment of the consolidated accounts for companies applying the international accounting standards adopted by Regulation (EC) No 1606/2002 of the European Parliament and of the Council of 19 July 2002 referred to above, either to the value of the shares on the date of the decision of direct administration of the board This choice is exercised by the employer for the duration of the fiscal year for all free powers of shares; It is irrevocable during this period.
“II. – The contribution rate is set at 10%. It is due the month following the date of the award decision of the options or actions referred to in I.
"III. ― These provisions are also applicable where the option is granted or the award is made, under the same conditions, by a company whose seat is located abroad and that is a mother or subsidiary of the enterprise in which the beneficiary operates.
"IV. Sections L. 137-3 and L. 137-4 apply to this contribution.
“Section 8
"Pay contribution on the attributions of subscription or share purchase options and on the attributions of free shares
"Art. L. 137-14. - For the benefit of the mandatory health insurance plans for the beneficiaries, a 2.5 per cent salary contribution is established based on the amount of benefits defined in 6 and 6 bis ofarticle 200 A of the general tax code.
"This contribution is established, recovered and controlled under the terms and conditions set out in III of Article L. 136-6 of this Code. »
II. - The provisions of this article shall apply to powers granted as of 16 October 2007.
I. - The social security code is amended as follows:
1° In the first sentence of the last paragraph of Article L. 162-16-5-1, the words: "to the Central Agency of Social Security Organizations" are replaced by the words: "to the organizations referred to in Article L. 213-1 designated by the Director of the Central Agency of Social Security Agencies";
2° The first sentence of the penultimate paragraph of Article L. 162-17-2-1 is as follows:
"The penalty is recovered by the organizations referred to in section L. 213-1 designated by the Director of the Central Agency for Social Security Agencies. » ;
3° In the first sentence of the former paragraph of Article L. 162-17-4 and the penultimate paragraph of Article L. 162-17-7, after the word: "by" are inserted the words: "Organisms referred to in Article L. 213-1 designated by the Director of";
4° The last paragraph of Article L. 162-18 is supplemented by a sentence as follows:
"Remissions are recovered by the organizations referred to in section L. 213-1 designated by the Director of the Central Agency for Social Security Agencies. » ;
5° In article L. 245-1, after the words: "employed workers", the words "and the High Health Authority" are inserted;
6° Section L. 245-2 is amended as follows:
(a) In the first paragraph of the I, the words "of the last fiscal year" are replaced by the words: "of the fiscal year(s) closed since the last term";
(b) The 1° of the II is supplemented by a sentence as follows:
"The lump-sum slaughter is modulated, according to the terms set by decree in the Council of State, when the duration of the or exercises closed since the last time of the contribution is different than twelve months; » ;
(c) II is supplemented by a sub-item:
"For companies belonging to a group, the slaughters mentioned in 2° and 3° are postponed, when they are superior to the contribution plate, to the benefit of one or more companies belonging to the same group according to the terms fixed by decree in the Council of State. » ;
7° Section L. 245-4 is amended as follows:
(a) In the first paragraph, the word "three" is replaced by the word "four" and the words "of the last fiscal year" are replaced by the words "of the fiscal year(s) closed since the last term";
(b) It is added a paragraph to read:
"The amount of the turnover referred to in the first paragraph shall be adjusted, in accordance with the terms set by decree in the Council of State, when the duration of the exercise(s) since the last time of the contribution is different than twelve months. » ;
8° Section L. 245-5-2 is amended as follows:
(a) In the first paragraph, the words: "of the last fiscal year closed" are replaced by the words: "of the exercise(s) that has been closed since the last term";
(b) In the last sentence of 1°, after the word: "listed" are inserted the words: "in titles I and III";
(c) The penultimate paragraph is supplemented by a sentence as follows:
"This slaughter is modulated, according to the terms set by decree in the Council of State, when the duration of the or exercises closed since the last deadline of the contribution is different than twelve months. » ;
9° Section L. 245-5-3 is amended as follows:
(a) In the first paragraph, the word "three" is replaced by the word "four", and the words "of the last fiscal year" are replaced by the words: "of the fiscal year(s) that have been closed since the last term";
(b) It is added a paragraph to read:
"The amount of the turnover referred to in the first paragraph shall be adjusted, in accordance with the terms set by decree in the Council of State, when the duration of the exercise(s) since the last time of the contribution is different than twelve months. »
II. - The rate of contribution mentioned atArticle L. 245-6 of the Social Security Code due to the revenue generated in 2008 is set, on an exceptional basis, to 1%.
III. - Section L. 245-6-1 of the Social Security Code is repealed.
IV. - For the calculation of contributions due for 2008 under theArticle L. 138-10 of the Social Security Code, the rate of 1.4 per cent is substituted at the K rate mentioned in the tables in the same article.
V. - The 1° to 4° of I come into force on 1 July 2008.
[Dispositions declared not in conformity with the Constitution by the Constitutional Council decision No. 2007-558 DC of 13 December 2007.]
I.-The Social Security Code is amended as follows:
1° In the first sentence of 1° of III of Article L. 136-2, the words: "and pre-retirement" are deleted;
2° In the 2nd of Article L. 136-8, the words ", disability pensions and pre-retirement allowances" are replaced by the words "and disability pensions".
II.-The provisions of I apply to allowances or benefits received by employees whose pre-retirement or early termination of activity took effect as of 11 October 2007.
III.-Article L. 137-10 of the Social Security Code is amended as follows:
1° In I, the words "of the Old Age Solidarity Fund referred to in Article L. 135-1" are replaced by the words: "of the National Old Age Insurance Fund for Employees";
2° The second is thus written:
“II. – The rate of this contribution is set at 50%. »
IV.-The preliminary chapter of title II of Book III of the Labour Code is supplemented by an article L. 320-4 as follows:
"Art.L. 320-4. ― An employer of employee or assimilated staff is required to send a statement to the organization responsible for the collection of social contributions and contributions to which, by 31 January of each year, the employer reports a statement indicating the number of employees who are pre-retired or placed on an early termination of employment in the previous calendar year, their age and the amount of the benefit that is allocated to them. This statement also indicates the number of ex officio retirements on the initiative of the employer acting under the terms of section L. 122-14-13 and the number of employees aged sixty years and older terminated in the calendar year prior to the declaration.
"The failure to produce, within the prescribed time limits, results in a penalty equal to six hundred times the hourly rate of the minimum wage of growth. This penalty is recovered by the organization responsible for the recovery of social contributions and contributions to which the employer reports. Its product is allocated to the National Pension Insurance Fund for Employees.
"The reporting model is set by joint order of the Minister for Social Security and the Minister for Employment.
"The reporting obligation referred to in the first paragraph applies only to employers whose at least one employee or assimilated employee is pre-retired or has been placed on an early termination of activity in the previous calendar year. »
V.-Subsection 3 of chapter I, section 3, title II of Book II of Part I of the Labour Code, in its drafting fromOrder No. 2007-329 of 12 March 2007 relating to the Labour Code (Legislative Party), is supplemented by an article L. 1221-18 as follows:
"Art.L. 1221-18.-Any employer of employed or assimilated staff is required to send a statement to the organization responsible for the collection of social contributions and contributions, which, by 31 January of each year, reports on the number of employees who are pre-retired or placed on an early termination of activity in the previous calendar year, their age and the amount of the benefit allocated to them. This statement also indicates the number of ex officio retirements on the initiative of the employer acting under sections L. 1237-5 to L. 1237-10 and the number of employees aged sixty years and older terminated in the calendar year prior to the declaration.
"The failure to produce, within the prescribed time limits, results in a penalty equal to six hundred times the hourly rate of the minimum wage of growth. This penalty is recovered by the organization responsible for the recovery of social contributions and contributions to which the employer reports. Its product is allocated to the National Pension Insurance Fund for Employees.
"The reporting model is set by joint order of the Minister for Social Security and the Minister for Employment.
"The reporting obligation referred to in the first paragraph applies only to employers whose at least one employee or assimilated employee is pre-retired or has been placed on an early termination of activity in the previous calendar year. »
VI.-The III and IV of section 17 of Act No. 2003-775 of 21 August 2003 on pension reform is repealed.
VII.-The provisions of the V come into force at the same time as those of theOrder No. 2007-329 of 12 March 2007 Labour Code (Legislative Party).
III, IV, V and VI are applicable to benefits paid as of 11 October 2007.
By derogation from the previous paragraph, the contribution on benefits paid to former employees who had a pre-retirement or early termination benefit prior to October 11, 2007 remains governed by the II of Article L. 137-10 of the Social Security Code and III of Article 17 of Act No. 2003-775 of 21 August 2003 referred to above in force on 10 October 2007.
VIII.-Chapter VII of Book I, title III of the Social Security Code is supplemented by a section 6 as follows:
“Section 6
"Retirement benefits contribution
"Art.L. 137-12.It is established, at the expense of the employer and for the benefit of the National Pension Insurance Fund for Employees, a contribution on compensation paid in the event of the retirement of an employee on the initiative of the employer.
"The rate of this contribution is 50 per cent; However, this rate is limited to 25 per cent on compensation paid from 11 October 2007 to 31 December 2008.
“Articles L. 137-3 and L. 137-4 are applicable to this contribution. »
IX.-The VIII applies to retirement benefits paid as of 11 October 2007.
X.-The Social Security Code is amended as follows:
1° The 9th of Article L. 135-3 is repealed;
2° In the first sentence of the first paragraph of article L. 241-3, after the reference: "L. 135-2", the words ", by the contributions provided for in articles L. 137-10 and L. 137-12".
XI.-The X of this article is applicable as of 11 October 2007.
XII.-The last three sentences of the second paragraph and the third paragraph of Article L. 122-14-13 of the Labour Code have been deleted.
I.-Article L. 136-4 of the Social Security Code is amended as follows:
1° In the a and first sentence of the fifth paragraph of II, the words: "to the provisions of III, IV and V" are replaced by the words: "to III";
2° The III is thus written:
"III. ― The provisional flat-rate base set out in a of II is equal to six hundred times the amount of the minimum wage for growth effective January 1 of the year for which the contribution is due. » ;
3° IV and V are repealed;
4° The fourth preambular paragraph is as follows:
"For those indebted with the solidarity contribution set out in Article L. 731-23 of the Rural Code, where professional income is not known, the contribution is calculated on a provisional lump sum equal to one hundred times the minimum wage of growth effective January 1 of the year for which the contribution is due. » ;
5° The last paragraph of the VII is deleted.
II.-Le II de l'article L. 136-5 du même code est ainsi écrit :
“II. ― The contribution due to the income of persons subject to the social security system of workers in the agricultural professions is directly recovered and controlled by the funds of agricultural social mutuality, according to the rules and under the guarantees and penalties applicable to the collection of contributions due to the social security system of workers in the agricultural professions.
"The contribution due on the income of persons subject to the social security system of non-salaries of the agricultural professions as well as the contribution due on the income of persons liable to the solidarity contribution referred to in Article L. 731-23 of the rural code are directly recovered and controlled by the funds of agricultural social mutuality, according to the rules and under the guarantees and penalties applicable to the recovery of the health insurance, maternity and disability premiums »
III.-Article L. 741-27 of the rural code is amended as follows:
1° I, II, III and IV respectively become the II, III, IV and V, and it is re-established an I as follows:
"I. ― provisions of Article II L. 241-10 of the Social Security Code are applicable to the employer contributions of social insurance and family allowances due to the employment of family hosts referred to in Article L. 441-1 of the Code of Social Action and of Families by the agricultural professional groups mentioned in Article L. 722-20 of this Code which have entered into a contract in accordance with Articles L. 442-1 and L. 444-3 of the Code of Social Action and of the Families. » ;
2° In the III, the reference "I" is replaced by the reference "II".
IV.-In article L. 751-17 of the same code, after the reference: "L. 241-13", the words "and article L. 241-18".
The provisions of this IV shall apply effective October 1, 2007.
The first sentence of the second paragraph of Article L. 731-13 of the Rural Code is replaced by three sentences as follows:
"This exemption is applicable for five calendar years to chiefs of business or agricultural business as a principal starting in the first year for which health insurance, disability and maternity benefits, family benefits and agricultural old-age insurance are payable. However, in the event of a temporary cessation of activity before the end of the exemption period, the benefit of the exemption is suspended. It is restored at the resumption of activity for the remaining period of exemption provided that the cessation of activity does not exceed a period fixed by decree. »
I.-Les Articles 15 and 16 of Act No. 2005-157 of 23 February 2005 on the development of rural territories are repealed effective 1 November 2007. However, these articles continue to apply to work contracts entered into before November 1, 2007 and to the end of those contracts.
II.-The Labour Code is amended as follows:
1° In the second paragraph of Article L. 322-13, after the word "launching", the words "in the meaning of Article L. 321-1" are inserted;
2° After article L. 322-13, an article L. 322-14 is inserted as follows:
"Art.L. 322-14. ― The exemption defined in section L. 322-13 shall apply, under the same conditions, to the earnings and remuneration paid to employees hired as of November 1, 2007 in the rural revitalization areas defined in thearticle 1465 A of the general tax code by the organizations referred to in 1 of Article 200 of the same code having their headquarters in these same areas. »
III.-The Social Security Code is amended as follows:
1° In the last paragraph of Article L. 131-4-2, after the word: "launching" are inserted the words: "in the meaning ofArticle L. 1233-3 of the Labour Code » ;
2° After Article L. 131-4-2, an article L. 131-4-3 is inserted as follows:
"Art.L. 131-4-3. ― The exemption defined in section L. 131-4-2 is applicable, under the same conditions, to earnings and remuneration paid to employees hired as of November 1, 2007 in rural revitalization areas defined in thearticle 1465 A of the general tax code by the organizations referred to in 1 of Article 200 of the same code having their headquarters in these same areas. »
IV.-The Government shall submit to Parliament, by 30 June 2009, a report on the assessment of the devices provided for in this article.
I. provisions of Article L. 311-2 of the Social Security Code persons with reduced economic activity at the end of insertion and receive administrative and financial support provided by an association approved by the Minister for Social Security.
II. - A decree sets out the modalities for the application of I. In particular, it defines the list of eligible activities, the terms and conditions for reporting the activity to the consular agency concerned, the maximum duration of the affiliation provided for in I, and the conditions for the registration and remuneration of the associations. It also sets out the amount of income derived from the activity below which is opened the benefit of the affiliation provided for in I.
III. - This section is applicable until December 31, 2010.
[Dispositions declared not in conformity with the Constitution by the Constitutional Council decision No. 2007-558 DC of 13 December 2007.]
I.-The Social Security Code is amended as follows:
1° In the I of Article L. 131-4-2, the words: "family allowances and occupational accidents" are replaced by the words: "and family allowances";
2° The second sentence of the second sentence of Article L. 161-1-2 is deleted;
3° Sub-section 5 of chapter I, section 1, title VI of Book I is repealed;
4° At the end of Article L. 161-27, the reference: "L. 161-24" is replaced by the reference: "L. 161-23-1";
5° Article L. 241-5 is supplemented by a paragraph as follows:
"The contributions due to work accidents and occupational diseases cannot be the subject of a total exemption, including when the contribution is limited to part of the remuneration. » ;
6° Section L. 241-10 is amended as follows:
(a) In the first paragraphs of I and III and II, the words "total" and "work accidents" are deleted;
(b) In the second, after the word "assessments" is inserted the word "principals";
(c) In the first sentence of III bis, the words: "work accidents" are deleted;
7° In the second paragraph of Article L. 241-12, the words: "family allowances and occupational accidents" are replaced by the words: "and family allowances";
8° Section L. 752-3-1 is amended as follows:
(a) In the first paragraph, after the words: "social security legislation", the words are inserted: ", excluding those caused by occupational accidents and diseases";
(b) In the first paragraph of the I and in the II and III, after the words: "Manual contributions" are inserted the words: ", excluding those due to occupational accidents and occupational diseases".
II.-The Labour Code is amended as follows:
1° In the second paragraph of Article L. 322-4-7, the words: "work accidents" are deleted;
2° In the I of Article L. 322-13 and in the 2nd of the I of Article L. 832-2, the words ", family allowances and occupational accidents" are replaced by the words "and family allowances".
III.-Le Labour code, in his writing from theOrder No. 2007-329 of 12 March 2007 the Labour Code (Legislative Party) is amended to read:
1° In the 1st of Article L. 5134-31, the words: "work accidents" are deleted;
2° In the first paragraph of Article L. 5522-18, the words: "family allowances and occupational accidents" are replaced by the words: "and family allowances".
IV.-The rural code is amended as follows:
1° In the last paragraph of Article L. 741-15-1, the references: "Articles L. 741-4-1 and L. 751-17-1" are replaced by the reference: "Article L. 741-4-1";
2° In the last paragraph of Article L. 741-15-2, the references: "Articles L. 741-4-2 and L. 751-17-2" are replaced by the reference: "Article L. 741-4-2";
3° In the first paragraph of I and IV of Article L. 741-27, the words: "work accidents" are deleted;
4° In L. 751-17, the references: "Articles L. 241-12, L. 241-13" are replaced by the reference: "Article L. 241-13";
5° Sections L. 751-17-1 and L. 751-17-2 are repealed.
V.-In the First paragraph of Article 12 of Law No. 96-987 of 14 November 1996 relating to the implementation of the revival pact for the city, I of thearticle 15 and thearticle 16 Act No. 2005-157 of 23 February 2005 on the development of rural territories and First paragraph of Article 130 of Act No. 2006-1771 of 30 December 2006 for 2006 the words: "work accidents" are deleted.
VI.-In the I of Article 131 of the Financial Law for 2004 (No. 2003-1311 of 30 December 2003), the words ", family allowances, occupational accidents and occupational diseases" are replaced by the words "and family allowances".
VII.-This section applies to contributions due to remuneration paid as of 1 January 2008.
The Social Security Code is thus amended:
1° In the 4th of section L. 651-1, the words: "to the extent that they are subject to the value-added tax pursuant to provisions of Article 256 B of the General Tax Code are replaced by the words: "within the limits of their competitive activity";
2° The same article L. 651-1 is supplemented by an 11° as follows:
« 11° European companies in the sense ofArticle L. 229-1 of the Commercial Code and European cooperative societies, within the meaning of Council Regulation (EC) 1435 / 2003 of 22 July 2003 concerning the status of the European cooperative society. » ;
3° In the third paragraph of Article L. 651-3, the references: "5° and 10°" are replaced by the references: "5°,10° and 11°".
I.-Article L. 241-16 of the Social Security Code is supplemented by a sub-paragraph as follows:
"The provisions of the first paragraph of this article do not give rise to the application of Article L. 131-7."
II.-1.Article L. 242-1 of the same code is supplemented by a paragraph as follows:
"The provisions of the preceding two paragraphs do not give rise to the application of Article L. 131-7. »
2. Article L. 741-10 of the rural code is supplemented by a sub-item:
"The provisions of the two preceding paragraphs do not give rise to the application of theArticle L. 131-7 of the Social Security Code. »
III.-1.The article L. 712-10-1 of the Social Security Code is supplemented by a paragraph to read as follows:
"The loss of revenue resulting from the provisions of this Article shall not result in the application of Article L. 131-7. »
2. Article L. 722-24-1 of the rural code is supplemented by a sub-paragraph as follows:
"The loss of revenue resulting from the provisions of this Article shall not result in the application ofArticle L. 131-7 of the Social Security Code. »
IV.-Section L. 129-13 of the Labour Code is supplemented by a paragraph to read as follows:
"The provisions of this Article shall not give rise to the application ofArticle L. 131-7 of the Social Security Code. »
V.-1.Article L. 441-1 of the same code is supplemented by a paragraph as follows:
"The application to project interest of the provisions of the first paragraph of Article L. 441-4 of this Code does not give rise to the application ofArticle L. 131-7 of the Social Security Code. »
2. Article L. 444-12 of the same code is supplemented by a paragraph as follows:
"The application to the supplement of interest and the special reserve supplement of participation of the provisions of the first paragraph of Article L. 441-4 and the second paragraph of Article L. 442-8 of this Code shall not give rise to the application of theArticle L. 131-7 of the Social Security Code. »
VI.-This section is applicable as of 1 January 2007.
[Dispositions declared not in conformity with the Constitution by the Constitutional Council decision No. 2007-558 DC of 13 December 2007.]
[Dispositions declared not in conformity with the Constitution by the Constitutional Council decision No. 2007-558 DC of 13 December 2007.]
Planned contributionsarticle L. 766-1 of the Social Security Code are not due by persons who apply for membership from 1 January 2008 to 31 December 2008.
The amount corresponding to the compensation by the state budget for exemptions, reductions or reductions in contribution counts or social security contributions is set, for 2008, to € 3.2 billion.
For the year 2008, the revenue forecasts, divided by category in the statement in Appendix C to this Act, are determined:
1° For all compulsory basic social security regimes and by branch to:
(In billions of euros)
| Disease | 175.4 |
| Old age | 175,6 |
| Family | 57.1 |
| Occupational accidents and diseases | 12.2 |
| All branches (excluding transfers between branches) | 414.8 |
(In billions of euros)
| Disease | 151.0 |
| Old age | 89.2 |
| Family | 56.7 |
| Occupational accidents and diseases | 10.8 |
| All branches (excluding transfers between branches) | 302,3 |
(In billions of euros)
| Old-age solidarity fund | 14.8 |
| Funding for social benefits of non-agricultural workers | 14.2 |
For the year 2008, the balance sheet, by branch, of all mandatory basic social security schemes is approved:
(In billions of euros)
| Disease | 175.4 | 179,5 | 4.1 |
| Old age | 175,6 | 179.7 | 4.2 |
| Family | 57.1 | 56.8 | 0.3 |
| Occupational accidents and diseases | 12.2 | 11.8 | 0.3 |
| All branches (excluding transfers between branches) | 414.8 | 422.5 | 7.7 |
For the year 2008, the branch-specific balance sheet of the general social security system is approved:
(In billions of euros)
| Disease | 151.0 | 155.2 | 4.2 |
| Old age | 89.2 | 94.3 | 5.2 |
| Family | 56.7 | 56.4 | 0.3 |
| Occupational accidents and diseases | 10.8 | 10.5 | 0.3 |
| All branches (excluding transfers between branches) | 302,3 | 311.1 | 8.8 |
For the year 2008, the equilibrium table for organizations involved in financing mandatory basic social security schemes is approved:
(In billions of euros)
| Old-age solidarity fund | 14.8 | 14.2 | 0.6 |
| Funding for social benefits of non-agricultural workers | 14.2 | 16.8 | 2.7 |
I. - For the year 2008, the social debt amortization objective by the Social Debt Fund is set at 2.8 billion euros.
II. - For the year 2008, the revenue forecast per category allocated to the Retirement Reserve Fund is set to:
(In billions of euros)
| Social removal 2% | 1.7 |
| Allocation of the National Old Age Insurance Fund surplus | ― |
| Allocation of surplus of the Old Age Solidarity Fund | ― |
| Insurance facilities on life in deherence | ― |
| Exceptional income (private) | ― |
| Other income | ― |
| Total | 1.7 |
I. - After article L. 114-6 of the Social Security Code, an article L. 114-6-1 is inserted as follows:
"Art. L. 114-6-1. - The rules for establishing and stopping annual accounts and combined accounts are common to all social security schemes and agencies. A decree in the Council of State defines the respective competences of the governing bodies and the competent deliberative body, and specifies their role, in particular with regard to the auditing missions provided for in articles L.O. 132-2-1 of Financial courts code and L. 114-8 of this code. »
II. - Article L. 114-8 of the same code is supplemented by eight paragraphs as follows:
“The auditors are also required to report to the relevant administrative authorities regarding the annual accounts and combined accounts referred to in the first paragraph of this article.
"The competent administrative authorities may request the auditors of the organizations referred to in this section any information on the activity of the controlled body. The auditors are then disillusioned with professional secrecy. Competent administrative authorities may also transmit to the auditors of these bodies the information necessary to carry out their mission. This information is covered by professional secrecy.
"The competent administrative authorities may also provide written comments to the auditors who are then required to provide such responses.
"The auditors are required to report to the competent administrative authorities as soon as possible any facts relating to the organization or any decision taken by its governing bodies, which they were aware in the course of their mission, such as:
« 1° A violation of the applicable legislative and regulatory provisions;
« 2° To result in the refusal of the certification of its accounts or the issuance of reservations.
"The same obligation applies to the facts and decisions that they would come to know in the performance of their duties as auditor of accounts in an entity entering the combined account setting perimeter within the meaning of section L. 114-6.
"The liability of the auditors shall not be incurred for the information or disclosures of facts to which they carry out the obligations imposed by this article. »
Non-permanent resources are authorized to meet their cash requirements for the core mandatory plans and the organizations contributing to their funding set out in the table below, within the limits indicated:
(In millions of euros)
| General regime | 36 000 |
| Agricultural Operator Scheme (Fund Fund for Social Benefits of Agricultural Non-Salaries) | 8 400 |
| National Pension Fund for Local Government Officers | 250 |
| Special Fund for Workers' Pensions of State Industrial Institutions | 150 |
| National Independent Mining Social Security Fund | 400 |
| National Electrical and Gas Industry Fund | 550 |
| Pension Fund for the staff of the Régie autonome des transports parisiens | 50 |
| Staff pension and pension fund of the Société nationale des chemins de fer français | 1 700 |
I. - After article L. 162-14-1 of the Social Security Code, an article L. 162-14-1-1 is inserted as follows:
"Art. L. 162-14-1-1. ― I. ― Any treaty action having the effect of a reassessment of the fees, remuneration and incidental costs referred to in 1° of Article L. 162-14-1 or of the remuneration referred to in the agreements or agreements provided for in Articles L. 162-5, L. 162-12-2, L. 162-12-9, L. 162-14, L. 162-32-1 and L. 322-5-2 shall be effective at the earliest of six months
“II. ― Where the committee of alert on the evolution of the expenses of the health insurance issues a notice considering that there is a serious risk of exceeding the national objective of the health insurance expenses within the meaning of the last paragraph of Article L. 114-4-1, and as soon as it appears that this risk of overtaking is in whole or in part attributable to the evolution of that of the sub-objectives referred to in 3° of the D of the I-12-2 In the absence of an avender setting a new effective date for re-evaluations consistent with the relief measures referred to in section L. 114-4-1, the coming into force is deferred to January 1 of the following year. »
II. - Article L. 114-4-1 of the same code is amended as follows:
1° In the first sentence of the first paragraph, the words: "and national health insurance funds" are replaced by the words: ", national health insurance funds and the National Union of supplementary health insurance organizations";
2° The second sentence of the last paragraph is supplemented by the words and a sentence as follows: "who are transmitted to the committee by the National Health Insurance Union. The committee also notifies the serious risk of overtaking the National Union of Supplementary Health Insurance Agencies that proposes recovery measures. »
III. - Article L. 162-15 of the same code is supplemented by a paragraph as follows:
"The National Union of Health Insurance Funds shall, for advice, submit to the National Union of Supplementary Health Insurance Organizations, before transmission to the Ministers responsible for health and social security, any treaty measures that have the effect of a revalue of the fees, remuneration and incidental expenses referred to in 1° of Article L. 162-14-1 or of the remuneration referred to in the conventions or agreements provided for in Articles L. 162-5, L. 162-5, 162-5, L. 162-2 This notice is deemed to have been rendered within twenty-one days of receipt of the text. It is transmitted to the National Union of Health Insurance Funds, which ensures that it is transmitted to the Ministers responsible for health and social security simultaneously to that of the Convention, the Aven, the Framework Agreement or the Interprofessional Agreement. »
I. - Article L. 162-1-15 of the Social Security Code is amended as follows:
1° In the first paragraph, after the word "cover", the words are inserted: "acts, products or benefits on the lists referred to in articles L. 162-1-7, L. 162-17 and L. 165-1 as well as";
2° After the 3°, insert a 4° and a 5° as follows:
« 4° Or a prescription rate of ambulance transport, reported to all prescribed transport, significantly higher than the average observed data, for a comparable activity, for physicians installed in the jurisdiction of the same regional union of health insurance funds;
« 5° Or a number of accomplishments or requirements of an act, product or benefit on the lists referred to in the first paragraph or a group of such acts, products or benefits significantly higher than the average of the accomplishments or requirements found for a comparable activity for physicians in the jurisdiction of the same regional health insurance union. A decree defines the modalities for the possible establishment of groups of acts, products or benefits for the implementation of the provisions of this paragraph. » ;
3° The last paragraph is supplemented by the words ", acts, products or benefits listed in the first paragraph".
II. - In the first sentence of the first paragraph of Article L. 162-1-14 of the same code, after the word: "consultation" are inserted the words: ", the voluntary obstacle to the prior agreement procedure provided for in Article L. 162-1-15".
III. - After article L. 162-1-16 of the same code, an article L. 162-1-17 is inserted as follows:
"Art. L. 162-1-17. ― At the proposal of the director of the local health insurance agency, the executive board of the regional hospitalization agency, after the implementation of a conflicting procedure, may decide to subordinate to the prior agreement of the medical control service of the local health insurance agency, for a period not exceeding six months, the care provided by the health insurance of hospital benefits mentioned in article 162 of the Code of Hospital Insurance referred to above. In this case, hospital benefits not covered by health insurance cannot be charged to patients. The proposal of the director of the local health insurance agency is motivated by the finding of a high proportion of hospitalization benefits with accommodation that could have resulted in support without accommodation. The contradictory procedure is implemented under the same conditions as those provided for the applicable penalties for non-compliance with the quantified objectives referred to in theArticle L. 6114-2 of the Public Health Code.
"However, in the event of an emergency certified by the institution, the prior agreement of the medical control service is not required for the care of the aforementioned hospital benefits. »
I.-The second paragraph of Article L. 322-5 of the Social Security Code is as follows:
"The costs of a transportation carried out by a taxi company can only be reimbursed if this company has previously entered into a convention with a local health insurance organization. This agreement, concluded for a period of not more than five years, in accordance with a model agreement established by a decision of the Director General of the National Union of Health Insurance Accounts after notice of the most representative national professional organizations of the sector, determines, for taxi transport services, liability rates that cannot exceed the rates of taxi races resulting from the regulation of prices applicable to that sector and sets the conditions under which the insured person may be exempted. It may also provide for the possibility of subordinating the agreement to a pre-existence period of parking authorization. »
II.-The I is applicable on the first day of the sixth month following the date of publication of this Act. The current conventions concluded on the basis of theArticle L. 322-5 of the Social Security Code in its writing before this Act ends on the same date.
I.-Article L. 1111-3 of the Public Health Code is supplemented by two paragraphs as follows:
"Preliminary written information specifying the rate of the acts performed as well as the nature and amount of the over-expenditure charged must be made by the health professional to his/her patient, provided that his/her fees exceed a threshold fixed by a decree of the ministers responsible for health and social security, unless the professional prescribes an act to be performed at a later consultation, in which case he/she is required to provide his/her patient with the above-mentioned advance information, including if his/her fee is less. Failure to comply with this obligation may be the subject of a financial penalty equal to the surcharge charged, implemented in accordance with the procedure referred to in Article L. 162-1-14 of the Social Security Code.
"The health professional must also display in a visible and legible manner in his waiting room or in his/her place of practice information relating to his/her fees, including overtakings that he/she invoices. Offences to the provisions of this paragraph shall be sought and found under the conditions provided for and by the officers referred to in Article L. 4163-1. The conditions for the application of this paragraph and the sanctions are fixed by decree in the Council of State. »
II.-In the 3rd of Article L. 314-1 of the Social Security Code, after the words "to be refunded" are inserted the words ", including the excesses of fees".
After the second paragraph of Article L. 4311-1 of the Public Health Code, a paragraph is inserted to read:
"The nurse or nurse may carry out certain vaccinations without medical prescription, the list of which, the terms and conditions of execution are set by decree in the Council of State, taken after advice of the High Council of Public Health. »
I. - After the fortieth preambular paragraph of Article L. 161-37 of the Social Security Code, it is inserted a paragraph as follows:
"As part of its missions, the High Health Authority issues medico-economic recommendations and advice on the most efficient care, prescription or care strategies. »
II. - In the last sentence of the first paragraph of Article L. 161-38 of the same code, after the word "international" are inserted the words: ", to display the prices of the products at the time of prescription and the total amount of the prescription".
III. - The c of Article L. 716-10 of the Intellectual Property Code is supplemented by a sentence as follows:
"The offence, as provided in the conditions set out in this c, is not constituted when a prescription aid software allows, if the prescriptor decides, to prescrime as an international common name, according to the rules of good practice provided for in theArticle L. 161-38 of the Social Security Code. »
[Dispositions declared not in conformity with the Constitution by the Constitutional Council decision No. 2007-558 DC of 13 December 2007.]
I. - Section 2-2 of Chapter II of Title VI of Book I of the Social Security Code is supplemented by an article L. 162-12-21 as follows:
"Art. L. 162-12-21. ― Local health insurance organizations may propose to registered physicians and health centres adhering to the national agreement referred to in Article L. 162-32-1 of their jurisdiction to adhere to a contract in accordance with a model contract developed by the National Union of Health Insurance Funds, after the advice of the National Union of Supplementary Health Insurance Organizations and after the advice of trade union organizations signatories to the agreement referred to in Article 5 or
"This contract includes individualized commitments that may relate to prescription, participation in screening and prevention actions, actions designed to promote continuity and coordination of care, participation in care permanence, medical control, and any action to improve the practices, training and information of professionals.
"This contract determines the financial considerations, which are related to the achievement of the objectives by the professional or health centre.
"The model contract is transmitted by the National Union of Health Insurance Funds to Ministers responsible for health and social security who can oppose it within a time limit set by decree.
"These Ministers may suspend the application of contracts on public health or health security grounds, or where the effects of these contracts are not in accordance with the objectives pursued. »
II. - Article L. 162-5 of the same code is supplemented by a 19° as follows:
« 19° Prescription objectives for drugs belonging to a generic group as defined in theArticle L. 5121-1 of the Public Health Code. »
III. - After article L. 162-5-1 of the same code, an article L. 162-5-1-1 is inserted as follows:
"Art. L. 162-5-1-1. - Treaty commitments on requirements expenditures are expressed in volume, regardless of any tariff changes. »
I.-Experiments may be conducted, as of January 1, 2008 and for a period not exceeding five years, covering new modes of remuneration for health professionals or funding for health centres provided for inArticle L. 6323-1 of the Public Health Code and health homes referred to in Article L. 6323-3 of the same code, supplementing the payment to the act or substituting it, on the basis of a quantitative and qualitative assessment of their activity carried out on the basis of information transmitted by the local health insurance agency of which they depend.
As necessary, experimentation may deviate from the following provisions of Social Security Code :
1° Articles L. 162-5, L. 162-5-9, L. 162-9, L. 162-11, L. 162-12-2, L. 162-12-9, L. 162-14, L. 162-14-1 and L. 162-32-1 as they relate to rates, fees, remuneration and incidental expenses due to health professionals by social insurance and health insurance;
2° 1°,2°,6° and 9° of Article L. 321-1 as they relate to expenses covered by health insurance;
3° Article L. 162-2 as it relates to the direct payment of fees by the patient;
4° Articles L. 322-2 and L. 322-3 relating to the participation of the insured at the basic rates for the calculation of benefits.
Experiments are conducted by the regional health missions mentioned in theArticle L. 162-47 of the Social Security CodeTo this end, the agreements they pass with health professionals, health centres and voluntary health homes are signed by the Director of the regional health mission on behalf of the directors of the regional hospitalization agency and the Regional Health Insurance Union. The modalities for the implementation of these experiments are defined by decree, after the advice of the National Union of Health Insurance Funds, trade union organizations representative of the relevant professionals and of the National Union of Supplementary Health Insurance Agencies.
The expenses incurred by all of the mandatory basic health insurance plans that result from these experiments are taken into account in the national objective of health insurance expenditures mentioned in the 3rd of D of Article LO 111-3 of the Social Security Code.
Mutuals governed by the code of mutualityinstitutions governed by Book IX of the Social Security Code or Book VII of the Rural Code and enterprises governed by the insurance code are associated with these experiments if they wish.
An annual evaluation of these experiments, including the number of health care professionals, health centres and health homes involved in these experiments, and the expenses related to their care and the quality of health care, is carried out by the regional health missions in conjunction with local health insurance organizations. This evaluation is forwarded to Parliament.
II.-A experimental capacity, effective 1 January 2008 and for a period not exceeding five years, the regional voluntary health missions planned forArticle L. 162-47 of the Social Security Code by derogation from section L. 162-5 of the same code, the amount and terms of the remuneration of physicians performing the permanence of care. They also fund actions and structures that contribute to improving the permanence of care, especially medical care homes, health centres, and, where appropriate, health facilities.
To this end, regional health missions are delegated by the intervention fund for the quality and coordination of care referred to in theArticle L. 221-1-1 of the Social Security Code the necessary resources. This fund sets out the limits in which regional health missions set the salaries of physicians in the care system.
The regional health missions conduct an annual assessment of the experiments they conducted and transmit it to the City Care Quality and Coordination Response Fund and to Parliament.
The modalities for the implementation of these experiments are determined by decree, after the advice of the National Council for the Order of Physicians and representative trade union organizations of physicians.
III.-Article L. 162-47 of the Social Security Code is amended as follows:
1° In the 3rd, after the words: "The Annual Programme of Actions", are inserted the words: "including experimental ones",
2° After the 4°, it is inserted a 6° as follows:
« 6° Experiments of new methods of compensation for health professionals and funding of health centres and health homes, supplementing or substituting for payment to the act for all voluntary health professionals, as well as experiments on the remuneration of the permanence of care, according to the terms defined by decree. »
IV.-The second and third paragraphs of Article L. 183-1-1 of the same code are as follows:
"The commitments of these networks of professionals can relate to the assessment and improvement of the practices of the professionals involved, the medical control of expenses, the implementation of medical references, the management of the medical records and the implementation of preventive or screening actions. Quantified objectives may be associated with these commitments, including compliance with recommendations, effective evaluation of the practices of the professionals involved, changes in certain expenses or the implementation of preventive or screening actions.
"The contract may provide for the amount of funding allocated to the structure according to the objectives and the method by which they are assessed. »
V.-After Chapter III of Book III of Part VI of the Public Health Code, a chapter III bis is inserted as follows:
“Chapter III bis
“Health homes
"Art.L. 6323-3. ― Health homes provide shelter-free care activities and can participate in public health activities as well as prevention and education for health and social activities.
"Health homes are made up of health professionals. They may involve medical-social personnel. »
VI.-As an experiment, as of January 1, 2008 and for a period not exceeding five years, health homes may substitute for physicians who practise in their care with respect to agreements for the proper use of care provided for inArticle L. 162-12-17 of the Social Security Code, as well as to adhere to the contracts set out in sections L. 162-12-18 to L. 162-12-20 of the same code or to enter into a contract under section L. 162-12-21 of that code.
I.-Article L. 161-35 of the Social Security Code is amended as follows:
1° The last two sentences of the first paragraph are replaced by three sentences as follows:
"The conventions referred to in Article L. 162-14-1 set out, for the professionals concerned, the amount of this lump-sum contribution, taking into account, inter alia, the volume of paper or other paper-based documents used to determine the issue to social insurance workers of repayable care, products or benefits and, where applicable, the seniority of professional practice. This amount, assimilated for its recovery to a social security contribution, is paid to the organization that provides the said documents.In the absence of treaty provisions, the Director of the National Union of Health Insurance Funds referred to in Article L. 182-2 sets out the amount of the lump sum contribution due."
2° The last paragraph is deleted.
II.- Conventional parties shall have a period of twelve months from the date of publication of this Act to make the provisions set out in I.
I.-The Social Security Code is amended as follows:
1° Section L. 162-12-2 is amended as follows:
(a) The 3rd is supplemented by the words: ", as well as the exercise area within the meaning of 2° of Article L. 162-47";
(b) After the 7°, it is inserted an 8° as follows:
« 8° Adaptation measures, including incentives, the provisions of Article L. 162-14-1 and the provisions of this Article applicable to nurses based on the level of care supply in each region within the meaning of Article L. 162-47. These modalities are defined after consultation with the most representative organizations of students and young nurses. » ;
2° Article L. 162-47 is amended as follows:
(a) The first is thus written:
« 1° Guidance on the evolution of the territorial distribution of liberal health professionals, health homes and health centres referred to inArticle L. 6323-1 of the Public Health Code taking into account the regional health organisation scheme mentioned in theArticle L. 6121-3 of the Public Health Code and the scheme of social and medico-social organization referred to in Article L. 312-4 of the Code of Social Action and Families; » ;
(b) The 2°, 3° and 4° respectively become the 3°,4° and 5°, and it is re-established a 2° as follows:
« 2° Outpatient care areas that are determined on the basis of demographic, geographic, economic activity and the existence of transport infrastructure. For physicians, differentiated areas are defined for general practitioners or specialists and, where applicable, depending on whether or not they have the authorization to practise fees different from the rates set by the agreement referred to in Article L. 162-5. The decision delimiting these areas is subject to the approval of the Director General of the National Health Insurance Union and Ministers responsible for health and social security. Following advice from the regional council, general councils and representatives in the region of trade union organizations representative of the health professionals concerned, the regional health mission ranks these areas according to the density of professionals. Density classification is determined according to criteria defined by decree of ministers responsible for health and social security. The area classification is revised every five years; "
II.-1. The 4th of Article L. 312-5-1 of the Code of Social Action and Families is thus written:
« 4° The articulation of health supply and medical-social offer at the regional level, taking into account, among other things, the establishments mentioned in 2° of Article L. 6111-2 of the Public Health Code and also the densities of nurses in the areas mentioned atArticle L. 162-47 of the Social Security Code. »
2. This II shall enter into force on the same date as the treaty provisions made under the 8° of Article L. 162-12-2 of the Social Security Code.
I.-After the 6th of Article L. 162-9 of the Social Security Code, it is inserted a 7th grade as follows:
« 7° The adaptation measures, including incentives, of the provisions of Article L. 162-14-1 and this article applicable to dental surgeons, midwives and medical assistants based on the level of care supply in each region within the areas within the meaning of Article L. 162-47. These modalities are defined after consultation with the most representative organizations of students and young dental surgeons, midwives and medical assistants. »
II.-After the 8th of the article L. 162-12-9 of the same code, it is inserted a 9° as follows:
« 9° The adaptation measures, including incentives, of the provisions of Article L. 162-14-1 and this article applicable to the masseurs-kinésitherapists on the basis of the level of the care supply within each region within the meaning of Article L. 162-47. These modalities are defined after consultation with the most representative organizations of students and young massage therapists. »
I. - Article L. 162-5 of the Social Security Code is supplemented by a 20° as follows:
« 20° Adaptation measures, including incentives, of the provisions of Article L. 162-14-1 and this article applicable to physicians based on the level of care supply in each region within the meaning of Article L. 162-47. These modalities are defined after consultation with the most representative organizations of medical students, internals, clinical leaders and doctors recently graduated or installed with the National Union of Health Insurance Funds. »
II. - In the first sentence of the first paragraph of Article L. 162-1-7 of the same code, after the words "or an employee exercise" are inserted the words "with another liberal health professional, or".
[Dispositions declared not in conformity with the Constitution by the Constitutional Council decision No. 2007-558 DC of 13 December 2007.]
The first paragraph of Article L. 165-9 of the Social Security Code is thus amended:
1° The words: "a detailed estimate with the non-tax selling price of each proposed device and of each associated adaptation benefit" are replaced by the words: "a standardized estimate with the non-tax selling price of the proposed equipment, including the supply of the product and specifying inseparable adaptation benefits";
2° It is added a sentence as follows:
"A decree of application will set, within six months, the presentation and the mandatory elements of this standard estimate. »
I.-Article L. 162-1-14 of the Social Security Code is amended as follows:
1° The beginning of the first sentence of the first paragraph is as follows: Non-observance of the rules of this code andArticle L. 1111-3 of the Public Health Code by health professionals, suppliers or other service providers, health institutions... (the rest without change)”;
2° In the first sentence of the first paragraph, after the words: undue care", are inserted the words: , or having exposed the insured to excesses of fees exceeding the tact and measure, » ;
3° In the fourth sentence of the first paragraph, after the words: , of the health professional", are inserted the words: , supplier or other service provider, »;
4° In the second sentence of the first paragraph and in the penultimate paragraph, after the words: a health professional, the words are inserted: , a provider or other service provider".
II.-The first paragraph of Article L. 6313-1 of the Public Health Code is as follows:
Is punished by a fine of 8 000 € the fact:".
I.-The Social Security Code is amended as follows:
1° Article L. 322-2 is supplemented by a III as follows:
"III. ― In addition to the participation referred to in the first paragraph of the I, an annual deductible is left to the insured for the expenses related to each of the following health benefits and products covered by the health insurance:
« 1° Drugs referred to in Articles L. 5111-2, L. 5121-1 and L. 5126-4 of the Public Health Codeexcept those issued during a hospitalization;
« 2° Acts carried out by a medical assistant either in the city or in a health centre, excluding acts performed during hospitalization;
"3° Transport referred to in 2° of Article L. 321-1 of this code carried out in a ground health vehicle or by taxi, with the exception of emergency transport.
"The amount of the franchise is flat. It may be distinct according to the health products or services mentioned in 1°, 2° and 3° of this III. The franchise is due within the overall limit of an annual ceiling.
"When several acts mentioned in the 2° are carried out during the same day on the same patient, the total amount of the franchise supported by the individual cannot be greater than a maximum. The same applies to the transport mentioned in the 3°.
"When the beneficiary of the health benefits and products referred to in 1°,2° and 3° is exempted in advance of costs, the deductible amounts may be paid directly by the insured to the health insurance organization of which he or she is raised or may be recovered by the insured from the insured on the benefits of any kind to come. It may be derogated from section L. 133-3.
"The Government shall submit annually to Parliament a report specifying the conditions under which the amounts of the franchise established in this III have been used.
"A decree sets out the modalities for the implementation of this III. » ;
2° Article L. 322-4 is supplemented by a paragraph as follows:
"The same applies to the franchise provided for in Article L. 322-2, III. » ;
3° In the first sentence of Article L. 325-1, the words: "the one mentioned in II" are replaced by the words: "the ones referred to in II and III";
4° In the last paragraph of Article L. 432-1, after the reference: "II", the words "and III" are inserted;
5° The first paragraph of Article L. 711-7 is supplemented by a sentence as follows:
"The same is true of the annual deductible referred to in Article L. 322-2 and the last paragraph of Article L. 432-1. »
II.-1. The Social Security Code is thus amended:
1° The second part of Article L. 242-1 is supplemented by the words: "or the annual deductible provided for in Article III";
2° Article L. 863-6 is supplemented by the words "or the annual deductible provided for in Article III";
3° The first paragraph of Article L. 871-1 is amended as follows:
(a) The references: "of 15° and 16°" are replaced by the references: "of 13°,15° and 16°";
(b) The words: "in respect, by the insurance transactions concerned, of the rules" are replaced by the words: " provided that the insurance transactions concerned do not cover the lump-sum participation and the deductible, respectively referred to in the II and III of Article L. 322-2 of this Code and that they respect the rules".
2. The general tax code is amended as follows:
1° In the 1st quater of Article 83, the second paragraph of Article 154 bis I and the 15th and 16th of Article 995, the words: "do not cover the participation mentioned in Article 995 II of Article L. 322-2 of the Social Security Code and that they" are deleted;
2° The 13th of Article 995 is supplemented by the words: "if these guarantees respect the conditions mentioned in theArticle L. 871-1 of the Social Security Code "
3. The 1 and 2 apply to new, renewed or ongoing guarantees as of January 1, 2008. However, at 3° of 1 and 2° of 2 do not apply to current guarantees as of January 1, 2008.
III.-A provisional and for a period not exceeding one year from the date of publication of this Act, the rule set out in sixth paragraph of Article L. 322-2 of the Social Security Code only applies to acts or transports carried out by the same professional.
Section L. 5125-23 of the Public Health Code is supplemented by a paragraph to read:
"When a treatment is prescribed for a period of not less than three months, including through the multiple renewal of a monthly treatment, and a large packaging is available for the drug concerned or for its generic form, the pharmacist must issue the said conditioning. »
I. - Article L. 861-3 of the Social Security Code is amended as follows:
1° In the 1st, after the words: "social security", the words are inserted: "as provided in I of Article L. 322-2";
2° The same 1° is supplemented by the words: "This participation, however, remains at the expense of the persons referred to in Article L. 861-1, under the conditions provided for in this Code, when they are in one of the situations provided for in the penultimate paragraph of Article L. 162-5-3; »
3° At the beginning of the seventh paragraph, the words are inserted: "Except when they are in one of the situations mentioned in the penultimate paragraph of Article L. 162-5-3."
II. - The terms and conditions for the application of this article shall be determined by decree.
I. - Article L. 161-36-3 of the Social Security Code is supplemented by two paragraphs as follows:
"The personal medical record is kept for a period of ten years from its closing.
"In the event of the licensee's death, eligible persons may request access to the file in accordance with the provisions of the last paragraph of section L. 1110-4 of the Public Health Code. Access to this file may also be involved in a diligent medical expertise for the purposes of administering evidence. »
II. - After article L. 161-36-3 of the same code, an article L. 161-36-3-1 is inserted as follows:
"Art. L. 161-36-3-1. ― It is established a unique dematerialized reception service, known as the "portail of the personal medical file", for health insurance beneficiaries and health professionals.
"This portal provides general information functions and a management service that allows health insurance recipients to manage their personal medical records and access rights for health professionals. It ensures control and traceability of access to personal medical records. It produces the activity tracking data required for the evaluation of this service.
"These functions may be made available to other organizations that carry out missions for the sharing and exchange of personal health data under conditions set by order of the Minister for Health. »
III. - The first paragraph of Article L. 161-36-4 of the same code is amended as follows:
1° The words: "as well as the Superior Council of Paramedical Professions" are deleted;
2° The words: "of this section" are replaced by the words: "articles L. 161-36-1 to L. 161-36-3-1";
3° The words are added: ", the conditions under which certain information may be made inaccessible by the holder of the personal medical file or his legal representative, as well as the conditions under which the health professional accessing the personal medical file is aware of the registration in the information file rendered inaccessible by the holder or his legal representative. »
IV. - The second paragraph of article L. 161-36-4 of the same code is as follows:
"It also determines, for the host(s) referred to in section L. 161-36-1, the terms and conditions for setting the tariff applicable to them in respect of the missions entrusted to them for the management of personal medical records, as well as that or those responsible for ensuring the conservation under section L. 161-36-3. »
V. - In the first sentence of Article L. 1111-8-1 of the Public Health Code, the words "supported persons" are replaced by the words "beneficiaries of insured health insurance".
VI. - Inside. fourteenth paragraph of Article 22-2 of Act No. 89-462 of 6 July 1989 to improve rental reports and to amend Act No. 86-1290 of 23 December 1986, the words: ", except in case of demand for suitable or specific housing" are deleted.
Article L. 161-36-4-2 of the Social Security Code is amended as follows:
1° After the word "pharm", the end of the first paragraph is deleted;
2° The second paragraph is supplemented by a sentence as follows:
"The information in this case relevant to the coordination of care is carried forward in the personal medical file under the conditions set out in article L. 161-36-2. » ;
3° It is added a paragraph to read:
"A decree in the Council of State, taken after the advice of the National Commission for Computer Science and Freedoms and the National Council for the Order of Pharmacists, sets the conditions for the application of this article. »
I. - Before subsection 1 of chapter II, section 3, title VII of Book I of the Social Security Code, an article L. 172-1 A is inserted as follows:
"Art. L. 172-1 A. ― Where the payment of benefits in kind or in cash of health and maternity insurance is subordinated, by the provisions of this Code or those of the rural code, to conditions of affiliation, registration, contribution or duration of pre-work, social security organizations shall take into account, for the implementation of these provisions, all periods of affiliation, registration, contribution or other work
"The rules concerning the charge and service of benefits are defined by decree in the Council of State. »
II. - In the second paragraph of Article L. 613-19 of the same code, after the words "professional activity" are inserted the words: "for a minimum period of time, a party must immediately precede the presumed date of delivery."
III. - Article L. 732-12 of the rural code is as follows:
"Art. L. 732-12. ― A decree in the Council of State determines the measures for the application of articles L. 732-10 and L. 732-11, in particular the replacement period(s) that is entitled to the benefit of the allowance and the maximum period of attribution of the allowance, especially when the delivery takes place more than six weeks before the date initially scheduled and requires the postnatal hospitalization of the child.
"The maximum allocation time for the replacement allowance is equivalent to the periods during which employees receive a daily rest allowance under the Articles L. 331-3 and L. 331-4 of the Social Security Code.
"In the event of adoption, the maximum allocation duration of the allowance shall be those provided for in Article L. 331-7 of the same code. »
IV. - Article L. 732-10 of the same code is supplemented by a paragraph as follows:
"The replacement allowance is granted to women referred to in the first paragraph of which it is recognized that the pathological pregnancy is related to the in utero exposure to diethylstilbestrol from the first day of their work stop under the conditions fixed by decree. »
V. - The second paragraph of articles L. 613-19 and L. 722-8 of the Social Security Code is supplemented by a sentence as follows:
"Women whose pathological pregnancy is recognized as being linked to the in utero exposure to diethylstilbestrol benefit from the lump-sum daily allowance starting on the first day of their work stop under the conditions prescribed by theArticle 32 of Act No. 2004-1370 of 20 December 2004 Social Security Funding for 2005. »
VI. - The 4th of article L. 322-3 of the same code is as follows:
« 4° When the following two conditions are cumulatively met:
“(a) The recipient is recognized by the medical control department either of a serious condition characterized not on the list mentioned above, or of several conditions resulting in an invalidating condition;
“(b) This or these conditions require prolonged treatment and particularly costly therapy; "
[Dispositions declared not in conformity with the Constitution by the Constitutional Council decision No. 2007-558 DC of 13 December 2007.]
I.-Article L. 5125-3 of the Public Health Code is amended as follows:
1° The first paragraph is supplemented by a sentence as follows:
"Transfers and reunifications can only be granted if they do not compromise the necessary supply of medicines from the resident population of the commune or neighbourhood of origin. » ;
2° At the end of the second paragraph, the word "satisfactory" is replaced by the words "or emergency referred to in Article L. 5125-22".
II.-The second paragraph of Article L. 5125-4 of the same code is as follows:
"In the case of a transfer or regrouping of pharmacy officials from one department to another, the license is issued by joint decision of State officials in the departments concerned. »
III.-Article L. 5125-5 of the same code is amended as follows:
1° At the end of the first sentence of the first paragraph, the words "and requests for creation" are deleted;
2° The second sentence of the first paragraph is deleted.
IV.-In the last paragraph of Article L. 5125-6 of the same code, the words: "the representative of the State" are replaced by the words: "his decision".
V.-Article L. 5125-7 of the same code is amended as follows:
1° The last sentence of the third preambular paragraph is supplemented by the words: "and companies of financial participation of liberal professions";
2° The fourth preambular paragraph reads as follows:
"The ultimate cessation of the officiency of the officin results in the licence's caducity, which must be delivered to the prefecture by its last licensee or its heirs. When not declared, cessation of activity is deemed to be final after a period of twelve months. The representative of the State in the department finds this final cessation of activity by order. »
VI.-Section L. 5125-8 of the same code is repealed.
VII.-In section L. 5521-2 of the same code, the reference: "L. 5125-8," is deleted.
VIII.-Article L. 5125-10 of the same code is supplemented by the words ", published in the Official Journal".
IX.-Article L. 5125-11 of the same code is as follows:
"Art.L. 5125-11. ― The opening of an informal in a municipality that is devoid of it may be authorized by transfer when the number of inhabitants identified in the commune is at least 2,500.
"The opening of a new informal in a commune of more than 2,500 inhabitants where at least one licence has already been granted may be authorized by transfer on the basis of an additional entire authorization of 3,500 inhabitants identified in the municipality.
"When the last officin in a municipality of less than 2,500 inhabitants has permanently ceased its activity and has previously served a population of not less than 2,500 inhabitants, a new licence may be issued for the installation of an informal by transfer to that municipality.
"In municipalities that are devoid of offensives or in urban free zones, sensitive urban areas and urban revitalization areas mentioned in the Act No. 96-987 of 14 November 1996 relating to the implementation of the revival pact for the city as well as in the rural revitalization areas defined by thearticle 1465 A of the general tax code, the opening of an informal may be authorized by creation if the conditions set out in the first, second or third paragraph have been met for at least two years after the publication of a census referred to in Article L. 5125-10 and if no decision authorizing this opening by way of transfer or reunification has been made within that period. »
X.-Section L. 5125-12 of the same code is repealed.
XI.-In article L. 5125-13 of the same code, the words: "the population quotas of 3,000 and 2,500 inhabitants mentioned in these articles are fixed" are replaced by the words: "the quota of 2,500 inhabitants mentioned in these articles is fixed".
XII.-Article L. 5125-14 of the same code is amended as follows:
1° At the end of the first paragraph, the words ", or, for the region of Ile-de-France, in another commune of this region" are replaced by the words "or to any other commune of any other department";
2° The second to eighth preambular paragraphs are replaced by five preambular paragraphs:
"The transfer to another municipality may be made provided:
« 1° That the commune of origin includes:
“(a) Less than 2,500 inhabitants if it has only one pharmacy;
“(b) Or a number of inhabitants per additional pharmacy below 3,500;
« 2° May the opening of a new pharmacy be possible in the host municipality pursuant to article L. 5125-11. »
XIII.-Article L. 5125-15 of the same code is amended as follows:
1° In the first paragraph, the words: "placed in the same commune" are deleted;
2° In the second paragraph, the words: "in the same commune" are replaced by the words: "in the commune of one of the grouped pharmacies";
3° It is added a paragraph to read:
"As a result of a grouping in the same commune or in neighbouring municipalities, the licences released must be taken into account in the municipality where the grouping is carried out to apply the conditions set out in the first two paragraphs of Article L. 5125-11. The representative of the State in the department may, after notice of the trade unions representative of the profession and the competent council of the order of the pharmacists, terminate this consideration after a period of five years after the issuance of the authorization of reunification if the conditions laid down in the first paragraph of Article L. 5125-3 are no longer fulfilled. »
XIV.-The last sentence of the last paragraph of Article L. 5511-5 of the same code is replaced by three sentences as follows:
"The final cessation of the activity of the offence entails the invalidity of the licence, which must be handed over to the representative of the State by his last holder or by his heirs. When not declared, cessation of activity is deemed to be final after a period of twelve months. The representative of the State notes this final cessation of activity by order. »
XV.-Any request for creation, transfer or consolidation, together with a complete record received by the representative of the State in the department as of 23 November 2007, may be accepted if the criteria provided by the law in force on that date allow it on the basis of a census of the population carried out in 2007. The authorization granted in this case is subject to the validation, by publication in the Official Gazette, of the said census by March 31, 2008.
Derogation from last paragraph of section L. 5125-11 of the Public Health Code, in its drafting from this article, until 1 January 2010, excluding those provided for in the first paragraph of this XV, no opening of an offence by way of creation may be permitted in municipalities without an offence or in urban free zones, sensitive urban areas and urban redynamication areas mentioned in the Act No. 96-987 of 14 November 1996 relating to the implementation of the revival pact for the city as well as in the rural revitalization areas defined by thearticle 1465 A of the general tax code.
XVI.-The Public Health Code is amended as follows:
1° In the first sentence of the first paragraph of Article L. 4211-3, the words: "or in a commune that is not served by a pharmacy under the conditions laid down in Article L. 5125-12" are deleted;
2° The 2° of Article L. 5125-32 is deleted;
3° In 2° of Article L. 5511-1, the reference: "L. 5125-12" is replaced by the reference: "L. 5125-13", and the words: "of 1° and 2°" are replaced by the words: "of 1°".
I. - Section 40 of the Social Security Financing Act, 2001 (No. 2000-1257 of 23 December 2000) is amended as follows:
1° The III is supplemented by a sub-item:
"It can also finance investment expenses of hospitals for cross-border cooperation to accommodate patients residing in France, who have been agreed with the Government of the French Republic and whose missions are those of a health institution as defined by the French Republic Public Health Code. These institutions must meet health needs set by the regional health organisation scheme of the border region. » ;
2° The last paragraph of the IV is deleted.
II. - The amount of the participation of compulsory health insurance plans in the financing of the fund for the modernization of public and private health facilities is set, for the year 2008, to €301 million.
Article L. 161-45 of the Social Security Code is amended as follows:
1° The 2° is supplemented by a sentence as follows:
"This staffing is composed of two parts, one under the procedure provided by the articles L. 6113-3, L. 6113-4 and L. 6322-1 of the Public Health Codethe other for the contribution of health insurance to the operation of the High Health Authority."
2° The 7th is repealed and the last paragraph is deleted.
I.-Section 33 of Act No. 2003-1199 of 18 December 2003 on social security financing for 2004 is amended as follows:
1° The first sentence of I is as follows:
"Up to December 31, 2008, by derogation from provisions of Article L. 174-2-1 of the Social Security Code, hospitalization benefits, external acts and consultations as well as pharmaceutical specialties and products and services referred to in section L. 162-22-7 of the same code are not charged to the credit union designated in section L. 174-2 of the same code. » ;
2° In II, the word and year: "In 2005" are replaced by the words: "Up to December 31, 2008";
3° The V is thus written:
"V. ― For the years 2008 to 2012, in health facilities mentioned in the a, b and c of Article L. 162-22-6 of the Social Security Code, this Act applies subject to the following provisions:
"A. ― The consultations and actions mentioned in first paragraph of Article L. 162-26 of the Social Security Code and the hospitalization benefits referred to in the 1st of Article L. 162-22-6 of the same code are covered by the mandatory health insurance plans on the basis of the tariffs referred to in Articles L. 162-26 and L. 162-22-10 of the same assigned code of a transition coefficient, as well as, if applicable, the geographical coefficient referred to in the 3rd of Article L. 162-22-10 referred to above, deducted, if applicable, from By derogation from this paragraph, the rates for benefits related to home hospitalization and organ or tissue removal activities are not affected by the aforementioned transitional factor.
"B. ― The transition coefficient referred to in A is calculated for each establishment to take into account the impact on its health insurance revenues of the financing terms defined in the same A relative to those pre-existing. The calculated coefficient takes effect from January 1, 2008 and applies until February 29 of the same year.
" Effective March 1, 2008, the value of the coefficient converges to value 1, in accordance with the terms set out in C.
"C. ― Every year, the state fixes, in addition to the elements mentioned in 1° to 3° of Article L. 162-22-10 of the Social Security Codethe regional average rate of convergence of the transition factors of health institutions.
"The State sets out the general rules for modulating the regional average rate of convergence between the establishments of the region. The average rate of convergence of the transition coefficients of establishments for which this coefficient is less than 1 may exceed the regional average rate of convergence under the conditions provided for in the second paragraph of this article.
"The value of the transition coefficient of each institution is fixed by the director of the regional hospitalization agency and takes effect on the effective date of the delivery rates mentioned in theArticle L. 162-22-10 of the Social Security Code. The coefficient is expected to reach value 1 by 2012.
"D. ― The distribution between the various mandatory health insurance plans of the amounts paid in 2007 to the institutions mentioned in the a, b and c of Article L. 162-22-6 of the Social Security Code under the supplementary annual staffing referred to in this section in its drafting prior to the Social Security Financing Act for 2008 is carried out under the conditions prescribed by regulation. Similarly, from 2007 to 2012, by derogationArticle L. 162-22-15 of the Social Security Code, the amounts paid under the activity referred to in Article L. 162-22-6 of the same code, the annual packages referred to in Article L. 162-22-8 of the same code and the annual funding of the missions of general interest and assistance to contractualization referred to in Article L. 162-22-14 of the same code shall be apportioned in the same manner.
"E. ― The box mentioned at theArticle L. 174-2 of the Social Security Code provides cash advances to health institutions for their medical, surgical, obstetric or odontology activities, under conditions established by decree of ministers responsible for health and social security.
"F. ― Statement of Revenue and Expenditure ForecastsArticle L. 6145-1 of the Public Health Code takes into account the application of the transition coefficient referred to in B applicable to the period under review.
"G. ― The conditions for the uplifting of the activity fee for the health service of the armies are set by the decree provided for in the X of Article 69 of Act No. 2006-1640 of 21 December 2006 Social Security Funding 2007
"H. ― The terms and conditions for the application of this V with the exception of E are set by decree in the Council of State. » ;
4° The VI is thus amended:
(a) The year: "2007" is replaced by the year: "2009";
(b) It is added a paragraph to read:
"However, the funding arrangements provided for I of Article L. 162-22-10 of the Social Security Code apply to institutions listed by decree of ministers responsible for health and social security under the conditions set out in the V."
5° The last sentence of the VII is replaced by two sentences as follows:
"This convergence process is directed to the rates of the establishments referred to in Article L. 162-22-6 of the same code. An assessment of the work on measuring these discrepancies is forwarded to Parliament by 15 October 2008. » ;
6° The VII is supplemented by a sub-item:
"As of January 1, 2008 and in order to facilitate the convergence process, the rates of newly created benefits are identical for the establishments mentioned in a, b, c and d of Article L. 162-22-6 of the Social Security Code within the limits of the deviations mentioned in the preceding paragraph. »
II.-The II of section 69 of Act No. 2006-1640 of 21 December 2006 on social security financing for 2007 is repealed.
III.- As of January 1, 2008, on an exceptional basis, the rates of hospitalization benefits are amended so that the amount of health insurance expenses generated by the care of hospitalization benefits and consultations and external acts according to the terms defined in the A of Article 33 of the Social Security Financing Act for 2004 (No. 2003-1199 of December 18, 2003), in the writing of the same amount These rates are effective January 1, and apply until February 29, 2008.
A decree in the Council of State sets out the modalities for determining the above-mentioned benefits rates.
IV.-In the second sentence of the first paragraph of Article L. 162-22-13 of the Social Security Code, after the words: "in Article L. 6112-1 of the Public Health Code" are inserted the words: "with the exception of training taken by the region under articles L. 4151-9, L. 4244-1 and L. 4383-5 of the same code".
V.-In the first paragraph of Article L. 162-22-15 of the same code, the words: "by twelfth" are replaced by the words: "in the conditions set by regulation".
VI.-In the third paragraph of Article L. 6114-2 of the Public Health Code, after the words "as well as its other commitments" are inserted the words ", in particular, return to financial balance".
VII. - Inside XVIII of Article 1 of Title I of Order No. 2005-1112 of 1 September 2005 with various provisions relating to health facilities and certain hospital public service personnel, the words "and the D of V" are deleted.
VIII.-By derogation from the C of Article 33 of the Social Security Financing Act for 2004 (No. 2003-1199 of 18 December 2003), in its drafting of this Act, the value of the transitional coefficient of the Paris Public Hospital Assistance converges annually towards a due competition from the regional average convergence rate established under the provisions of the first paragraph of that C. The calculated coefficient is notified to the establishment by the guardianship board referred to in theArticle L. 6147-1 of the Public Health Code.
IX.-After the fourth paragraph of Article 49 of Law No. 86-33 of 9 January 1986, which deals with the statutory provisions relating to the public hospital service, a paragraph shall be inserted as follows:
"– businesses related to the employer health establishment under either a contract subject to the public procurement code or a contract subject to theOrder No. 2004-559 of 17 June 2004 on partnership contracts or a contract governed by theArticle L. 6148-2 of the Public Health Codeeither a public service delegation contract; "
X.-Article L. 6143-3 of the Public Health Code is as follows:
"Art.L. 6143-3. ― I. ― When a public health institution presents a financial imbalance that meets the criteria defined by decree, the director of the regional hospitalization agency asks the board of directors to submit a recovery plan. The terms and conditions for the return to equilibrium set out in this plan shall result in the signing of an avender to the multi-year contract of objectives and means provided for in Article L. 6114-1.
"In the absence of the adoption by the board of directors of a recovery plan adapted to the situation or in the event of a refusal of the institution to sign the above-mentioned actor, the director of the regional hospitalization agency shall take the appropriate measures pursuant to section L. 6145-1 and II and III of section L. 6145-4.
“II. ― If the financial degradation meets the criteria defined by decree, the director of the regional hospitalization agency shall hold the regional board of accounts. Within two months of its referral, the institution assesses the financial situation of the institution and proposes, where appropriate, relief measures. The director of the regional hospitalization agency remains the establishment to take appropriate relief measures. »
XI.-The first sentence of the first paragraph of Article L. 6143-3-1 of the same code is as follows:
"The director of the regional hospitalization agency, by reason of decision and for a period not exceeding twelve months, places the establishment under the provisional administration of general health care advisors designated under the conditions laid down in section L. 6141-7-2 when the stay provided for in section II of section L. 6143-3 has remained without effect for more than two months or when the recovery plan adopted has not effected. »
XII.-Article L. 6161-3-1 of the same code is amended as follows:
1° In the first paragraph, the words: "significant and prolonged financial imbalance" are replaced by the words: "financial imbalance meeting the criteria defined by decree";
2° The second preambular paragraph reads as follows:
"The terms and conditions of return to financial equilibrium give rise to the signature of an avenor to the multi-year contract of objectives and means provided for in Article L. 6114-1. » ;
3° In the third paragraph, after the words: "If it is not satisfied with the injunction", the words are inserted: "or if the establishment refuses to sign the above-mentioned actor".
The first paragraph of Article 77 of Law No. 2006-1640 of 21 December 2006 for 2007 is supplemented by a sentence to read:
"A report will be submitted to Parliament by 15 October 2009 on the progress of this experiment. »
New ways of health care and financing of patient transportation costs prescribed by practitioners in public health institutions and private health institutions referred to in b and c of Article L. 162-22-6 of the Social Security Code can be experienced, starting January 1, 2008 and for a period not exceeding five years. The transportation costs in the field of this experiment are borne by the experimental establishments. The share of these expenses covered by the health insurance is funded by annual staffing. By derogation from the second paragraph of section L. 322-5-1 of the same code, the participation of the insured person in transportation costs, calculated on the basis of the rates referred to in sections L. 162-14-1 and L. 162-14-2 of the same code, shall be paid to the health facilities concerned.
The amount of expenses incurred by compulsory health insurance plans related to transportation costs in the scope of this experiment is taken into account in the expenditure objectives set out in sections L. 162-22-13 and L. 174-1-1 of the same code.
Within three months of the publication of this Act, the regional health missions shall establish a list of health facilities to be entered into the field of this experiment.
An Order of Ministers for Health and Social Security sets out the terms of reference for the implementation and evaluation of this experiment.
I.-After article L. 162-5-15 of the Social Security Code, an article L. 162-5-16 is inserted as follows:
"Art.L. 162-5-16. ― In the absence of identification by the personal number referred to in Article L. 162-5-15 of the requirements of which the execution is carried out by health professionals in the city, the related expenses incurred by social security agencies are charged against their payments to the health care institution or to the health centre in which the prescribed physician exercises. »
II.-The I comes into force on 1 January 2009.
III.-In the title of chapter IV, section 11, title VII, of Book I of the Social Security Code, the words: "as mentioned inArticle L. 710-16-2 of the Public Health Code are replaced by the words: d and e of Article L. 162-22-6 of the Social Security Code"
Section L. 6122-15 of the Public Health Code is supplemented by four paragraphs as follows:
"When the director of the regional hospitalization agency takes the appropriate measures to ensure that public health institutions in one or more health territories create a health cooperation group, he sets out the competences of these institutions necessarily transferred to the group among those on a list established by decree in the Council of State.
"When the transferred skills are related to the exercise of a care activity referred to in the second paragraph of section L. 6122-1, the authorization is transferred to the grouping. In this case, the first sentence of the eighth paragraph of Article L. 6133-1 is not applicable.
"Private health institutions engaged in care activities in the territory(s) concerned may join this group.
"When the health cooperation group includes establishments belonging to territories belonging to several regions, its establishment is decided by a joint decision of the directors of the regional agencies of territorially competent hospitalization. »
[Dispositions declared not in conformity with the Constitution by the Constitutional Council decision No. 2007-558 DC of 13 December 2007.]
[Dispositions declared not in conformity with the Constitution by the Constitutional Council decision No. 2007-558 DC of 13 December 2007.]
I. - Chapter X of title IV of Book I of the Code of Social Action and Families is thus amended:
1° The I of Article L. 14-10-1 is completed by a 10° as follows:
« 10° To contribute to the financing of the investment for the technical and security standards, the modernization of the premises in operation, and the creation of new places in social and social facilities and services. » ;
2° It is added an article L. 14-10-9 as follows:
"Art. L. 14-10-9. ― A portion of the credits deferred to the current fiscal year for the surpluses of the previous fiscal year shall be allocated, as provided in the last paragraph of section L. 14-10-5, in the two subsections referred to in section V of that same section.
"These credits can be used for the financing of real estate investment transactions relating to the creation of places, the establishment of technical and security standards and the upgrading of the premises of the establishments and services referred to in Article L. 314-3-1, as well as the establishments mentioned in 2° of Article L. 6111-2 of the Public Health Code.
"In order to facilitate real estate investments in establishments under 2°, 3° and 4° of Article L. 342-1 of this Code and establishments authorized for social assistance for all their places falling within 6° of I of Article L. 312-1 having concluded the agreement provided for in I of Article L. 313-12, the credits referred to in the first paragraph may be used to bear the interests of borrowing.
"They may also be used to fund ad hoc training and qualification actions for medical and social care workers referred to in Article L. 314-3-1, except for social and mediocial institutions hosting older persons who have not entered into the agreement provided for in Article L. 313-12, or have opted for the derogation from the obligation to pass the first paragraph of the Convention under Article L. 313-12.
"An Order of Ministers for Older Persons, Persons with Disabilities and Social Security, taken after the advice of the National Solidarity Fund for Self-Government, determines the terms and conditions of use, allocation and amount of credits covered by this Article. »
II. - Article L. 313-12 of the same code is supplemented by six sub-paragraphs as follows:
"If the multi-year agreement is not entered into before the date provided for in the previous paragraph, the relevant pricing authorities shall, with respect to it, proceed with the pricing of the late establishments and set the objectives to be achieved by stopping them.
"As of January 1, 2008, the establishments referred to in the preceding paragraph shall, up to the date of the multi-year agreement referred to in the preceding paragraph, read:
« 1° A comprehensive package of care, corresponding to the amount of the care package awarded by the competent authority of the State for the 2007 fiscal year when they were authorized to provide care to social insured persons;
« 2° A comprehensive care package with a maximum amount determined on the basis of the weighted average resource group of the establishment, its capacity and a place-care rate set by ministerial order when they are not allowed to provide care to social insured persons;
« 3° Daily rates for dependency, the amounts of which are fixed by the President of the General Council pursuant to 2° of Article L. 314-2 of this Code;
« 4° Daily rates for accommodation, set by the President of the General Council in institutions authorized for social assistance, calculated taking into account the products mentioned in 1° and 2° of this I."
III. - Section 5 of Act No. 2001-647 of 20 July 2001 on the care for the loss of autonomy of older persons and the personalized allowance of autonomy is repealed.
IV. - After the words: "third paragraph", the end of the fourth paragraph of the I bis of Article L. 313-12 of the Code of Social Action and Families is thus drafted: "if any, the modalities for taking into account and maintaining the financing of health insurance are set by decree. »
V. - Sections 5 and 23 of Act No. 75-535 of 30 June 1975 on social and social institutions are repealed.
VI. - 1. After the words: "of this code", the end of the first sentence of the first paragraph of Article L. 174-4 of the Social Security Code is thus written: "and at 6° of Article L. 312-1 of the Code of Social Action and Families. »
2. Section 23 of Act No. 97-60 of 24 January 1997 stipulating that, pending the vote of the law establishing an autonomy benefit for dependent elderly persons, better meeting the needs of older persons by the institution of a specific dependency benefit is repealed.
VII. - After the I bis of Article L. 313-12 of the Code of Social Action and Families, it is inserted an I ter as follows:
"I ter. ― The establishments in a combined manner of 6° of I of Article L. 312-1 of this Code and Article L. 633-1 of the Construction and Housing Code which, on the one hand, benefit from an authorization to provide care to social insured persons and, on the other hand, receive dependent elderly persons in a proportion below the second threshold mentioned in the first paragraph of the I bis. Residents who are housed in the host capacity not covered by the agreement, if any, benefit from the personalized self-reliance allowance as provided for in sections L. 232-3 to L. 232-7.
"The establishments in a combined manner of 6th of I of Article L. 312-1 of this Code and Article L. 633-1 of the Construction and Housing Code which, on the one hand, do not benefit from an authorization to provide care to social insured persons and, on the other hand, accommodate a number of elderly persons in a proportion less than the threshold mentioned in the I shall, beyond These packages are revalued annually within the limits of the rate of renewal of the means retained under the national objective of health insurance expenses applicable to the establishments referred to in 3° of Article L. 314-3-1 of the Code of Social Action and Families. Residents who are housed in these establishments, if any, benefit from the personalized self-reliance allowance as provided for in sections L. 232-3 to L. 232-7. »
VIII. - Article L. 314-3 of the same code is amended as follows:
1° The first paragraph is as follows:
"The annual amount referred to in the last paragraph of I and the amount of the endowments set out in the third paragraph of Article L. 312-5-2 shall be apportioned by the National Solidarity Fund for Self-Government in Limiting Regional Endowments. » ;
2° The second paragraph is amended to read:
(a) In the second sentence, after the word "regions", the words are inserted: "and the objective of reducing inequalities in the allocation of resources between institutions and services falling under the same categories";
(b) It is added a sentence as follows:
"In this context, the Minister for Social Security may set, by annual orders, the ceiling rates or the rules for calculating these ceiling rates for different categories of social and mediocial institutions. »
IX. - In the 4th of Article L. 313-4 of the same code, after the words: "to the articles", is inserted the reference: "L. 312-5-2,".
I. - In the second sentence of the last paragraph of Article L. 129-1 of the Labour Code, after the word "family" are inserted the words: "and the cooperative groupings mentioned in Article L. 312-7 of the same Code".
II. - The code of social action and families is thus modified:
1° In the b of the 3rd of Article L. 312-7, after the words "authorised Being", the words "or approved under the title of theArticle L. 129-1 of the Labour Code and, after the words: "the exploitation of authorization", the words are inserted: "or the approval under the above-mentioned article L. 129-1;
2° The twelfth paragraph of the same article reads as follows:
"Public and private health institutions and, under the conditions provided for in this article, the bodies approved under theArticle L. 129-1 of the Labour Code may adhere to one of the forms of cooperation referred to in this article. »
I. - In the 3rd of Article L. 2112-2 of the Public Health Code, after the words: "Family planning and family education activities" are inserted the words: "as well as the practice of voluntary interruptions of pregnancy by way of medicine".
II. - In the second paragraph of Article L. 2212-2 of the same code, the words: "the practitioner" are replaced by the words: "the practitioner or a family planning or education centre or a health centre".
III. - Article L. 2311-3 of the same code is supplemented by a sentence as follows:
"In addition, it is authorized to practice voluntary interruptions of pregnancy by drug means of a convention concluded under the terms and conditions set out in section L. 2212-2, under the conditions set out in sections L. 2212-1 to L. 2212-10. »
IV. - The first paragraph of article L. 6323-1 of the same code is supplemented by a sentence as follows:
"They may engage in voluntary interruptions of pregnancy by means of a convention concluded under the terms and conditions set out in Article L. 2212-2 and under the conditions set out in Articles L. 2212-1 to L. 2212-10 of this Code. »
Section L. 3411-4 of the Public Health Code is reinstated as follows:
"Art.L. 3411-4. ― The detection of viral hepatitis and vaccination against these viruses are free and anonymous when they are carried out in an addictive care, support and prevention centre.
"The expenses for these activities are covered by health insurance, without the application of the provisions of the Social Security Code and the rural code relating to the opening of the right to benefits covered by the basic plans, the reimbursement of the portion guaranteed by the health insurance, the participation of the insured at the basic rates for reimbursements and the package mentioned in theArticle L. 174-4 of the Social Security Code. »
The second paragraph of Article L. 5122-6 of the Public Health Code is supplemented by a sentence as follows:
"Except for institutional vaccine campaigns, public advertising campaigns for mandatory or recommended vaccines, in the form of television or radio broadcast messages, are only permitted if they are clearly identified with mandatory minimum statements that the High Council of Public Health determines by taking into account the characteristics of such audiovisual advertising messages. »
The amount of participation of health insurance plans in the funding of the intervention fund for the quality and coordination of care instituted in theArticle L. 221-1-1 of the Social Security Code is set, for the year 2008, to 301 million euros. The maximum amount of expenditure for this fund is set at 355 million euros.
For the year 2008, the health, maternity, disability and death targets are set:
1° For all compulsory basic social security schemes, at 179,5 billion euros;
2° For the general social security regime, $155.2 billion.
For the year 2008, the national objective of health insurance expenditures for all mandatory basic plans and its sub-objectives are set as follows:
(In billions of euros)
| City care expenses | 70.6 |
| Expenditures on health facilities tariffed to activity | 48.9 |
| Other expenditure on health facilities | 18.8 |
| Contribution of health insurance to expenses in institutions and services for older persons | 5.4 |
| Contribution of health insurance to expenses in facilities and services for persons with disabilities | 7.4 |
| Other management costs | 0.9 |
| Total | 152.0 |
The amount of the overall allocation for the funding of the National Medical Accident Compensation Board, Iiatrogen Conditions and Nosocomial Infections, referred to in theArticle L. 1142-23 of the Public Health Codeis set at 50 million euros for the year 2008.
The amount of the participation of health insurance plans in the financing of the health emergency preparedness and response facility is set, for the year 2008, to €75 million.
Article 14 II of Act No. 94-628 of 25 July 1994 on the organization of work time, recruitment and transfer in the public service is amended as follows:
1° After the first preambular paragraph, a sub-item reads as follows:
"The hospital employment fund contributes to the financing, for the benefit of the agents of the institutions mentioned to theArticle 2 of Act No. 86-33 of 9 January 1986 with statutory provisions for the hospital public service, overtime worked before December 31, 2007 and not recovered or paid due to the gradual completion of the recruitments provided for in the preceding paragraph. »
2° In the first sentence of the last paragraph, the word "second" is replaced by the word "third".
[Dispositions declared not in conformity with the Constitution by the Constitutional Council decision No. 2007-558 DC of 13 December 2007.]
[Dispositions declared not in conformity with the Constitution by the Constitutional Council decision No. 2007-558 DC of 13 December 2007.]
[Dispositions declared not in conformity with the Constitution by the Constitutional Council decision No. 2007-558 DC of 13 December 2007.]
[Dispositions declared not in conformity with the Constitution by the Constitutional Council decision No. 2007-558 DC of 13 December 2007.]
I. - In the first sentence of the last paragraph of Article L. 351-14-1 of the Social Security Code, the words "of Article L. 351-1-1" are replaced by the words "of articles L. 351-1-1 or L. 634-3-2, of Part II of Articles L. 643-3 or L. 723-10-1 of this Code, of Article L. 732-18-1 of the Military Code, or of the Civil Code."
II. - The II of Article 114 of Law No. 2006-1640 Social Security Funding for 2007 is supplemented by the words: ", Article L. 732-27-1 of the Rural Code and Article L. 9 bis of the Civil and Military Pension Code".
For the year 2008, the expenditure targets of the Older branch are set:
1° For all compulsory basic social security schemes, 179.7 billion euros;
2° For the general social security system, 94.3 billion euros.
The penultimate paragraph of Article L. 434-2 of the Social Security Code is supplemented by a sentence as follows:
"The amount of the annuity for the last accident cannot exceed the amount of the basic salary for the calculation of the annuity. »
Section 53 of the Social Security Financing Act for 2002 (No. 2001-1246 of 21 December 2001) is amended as follows:
1° In the second and first paragraph of the third, the word "accidents" is replaced by the word "death";
2° In the third paragraph of the III, the words "of the accident" are replaced by the words "of death".
[Dispositions declared not in conformity with the Constitution by the Constitutional Council decision No. 2007-558 DC of 13 December 2007.]
I. - The amount of the contribution of the branch Occupational accidents and occupational diseases of the general social security system to the financing of the Asbestos workers' early cessation fund is set at 850 million euros for the year 2008.
II. - The amount of the contribution of the Occupational Accidents and Diseases branch of the General Social Security Regime to the financing of the Asbestos Victim Compensation Fund is set at €315 million for the year 2008.
D [statements declared not in conformity with the Constitution by the Constitutional Council decision No. 2007-558 DC of 13 December 2007.]
The amount of the payment mentioned in theArticle L. 176-1 of the Social Security Code is set, for the year 2008, to 410 million euros.
For the year 2008, the expenditure targets of the Occupational Accidents and Diseases branch are set:
1° For all compulsory basic social security schemes, at 11.8 billion euros;
2° For the general social security regime, 10.5 billion euros.
Article L. 543-1 of the Social Security Code is supplemented by a paragraph to read:
"The amount of the school year allowance varies depending on the child's age. »
I.-Article L. 245-1 of the Code of Social Action and Families is amended as follows:
1° In the first paragraph of the I, the words: "having exceeded the opening age of the right to the education allowance of the disabled child provided for in Article L. 541-1 of the same code" are deleted;
2° After the first paragraph of I, a sub-item is inserted:
"When the person meets the age conditions for the opening of the right to the allowance provided for in the allowanceArticle L. 541-1 of the Social Security Codeaccess to the compensation benefit is made under the conditions set out in III of this section. » ;
3° The III is thus written:
"III. ― Recipients of the allowance provided forArticle L. 541-1 of the Social Security Code can accumulate it:
« 1° Either with the compensation benefit provided in this article, under conditions established by decree, when the conditions for the opening of the right to supplement the education allowance of the disabled child are met and when exposed, as a result of their child's disability, to expenses under Article L. 245-3 of this Code. In this case, the cumulative amount is excluded from the supplement to the education allowance of the disabled child;
« 2° Either with the only element of the benefit mentioned in the 3rd of Article L. 245-3, under conditions fixed by decree, when exposed, due to the handicap of their child, to charges under the said 3°. These charges cannot then be taken into account for the allocation of the additional education allowance for the disabled child. »
II.-In the first paragraph of Article L. 541-4 of the Social Security Code, after the reference: "L. 541-1" are inserted the words: "or of this allowance and the benefit referred to in Article L. 245-1 of the Code of Social Action and Families".
III.-After the 8th of Article L. 544-9 of the same code, it is inserted a 9° as follows:
« 9° The element of the compensation benefit referred to in 1st of Article L. 245-3 of the Code of Social Action and Families. »
IV.-The b of the I of Article L. 241-10 of the same code is supplemented by the words "or the provision of compensation under the conditions defined in the 1st of Article L. 245-1 of the Code of Social Action and Families".
V.-In the 2nd of Article L. 333-3 of the same code, the words: "when the latter is granted in return for a cessation of activity" are replaced by the words: "or the element of the compensation benefit provided for in the 1st of Article L. 245-3 of the code of social action and of families, where they are granted in return for a cessation of activity".
VI.-In the article L. 351-4-1 of the same code, after the words "and its complement" are inserted the words "or, instead of the latter, of the compensation provision provided for in article L. 245-1 of the code of social action and families".
VII.-This section comes into force on April 1, 2008.
I.-The first paragraph of Article L. 512-2 of the Social Security Code is replaced by two paragraphs:
"Being fully entitled to family benefits under the conditions laid down in this book shall nationals of the Member States of the European Community, other States parties to the agreement on the European Economic Area and the Swiss Confederation that meet the conditions required to reside regularly in France, the residence being appreciated under the conditions established for the application of Article L. 512-1.
"Also fully entitled to family benefits under the conditions set out in this book are non-nationals of a Member State of the European Community, another State Party to the Agreement on the European Economic Area or the Swiss Confederation, holders of a title required of them under either legislative or regulatory provisions, or international treaties or agreements to reside regularly in France. »
II.-In the third paragraph of Article L. 831-1 of the Social Security Code and the first paragraph of Article L. 351-2-1 of the Construction and Housing Code, the words: "holders of one of the residence titles or documents justifying the regularity of the stay and provided for in application of" are replaced by the words: "under the conditions provided by the first two paragraphs of Article L. 512-2".
III.-Article L. 512-5 of the Social Security Code is as follows:
"Art.L. 512-5. ― Family benefits of the French regime cannot be combined with benefits for children paid under international treaties, conventions and agreements to which France is a party or under foreign legislation or regulations, as well as with benefits for children paid by an international organization.
"When family benefits or family benefits are paid, in accordance with international treaties, conventions and agreements to which France is a party or pursuant to foreign social security legislation, to a family residing in France and their amounts are less than that of the family benefits of the French social security system, only differential allowances may be paid. A decree sets out the modalities for the application of this article. »
Article L. 141-1 of the Social Security Code is supplemented by a paragraph as follows:
"These provisions are also applicable to medical disputes relating to the state of health of the child for the opening of the right to the daily allowance of parental attendance provided for in sections L. 544-1 to L. 544-9. »
[Dispositions declared not in conformity with the Constitution by the Constitutional Council decision No. 2007-558 DC of 13 December 2007.]
For the year 2008, the spending objectives of the Family branch are set:
1° For all compulsory basic social security schemes, 56.8 billion euros;
2° For the general social security system, 56.4 billion euros.
In the first sentence of Article L. 135-5 of the Financial Courts Code, after the words: "to the Finance Committees" are inserted the words: "and, in their area of competence, to the social affairs commissions".
I. - After the seventh paragraph of Article L. 224-5-1 of the Social Security Code, it is inserted a paragraph as follows:
"He gives his opinion on the guidance of the objective and management agreement referred to in Article L. 224-5-5. »
II. - After the 2° of the article L. 224-5-2 of the same code, it is inserted a 2° bis as follows:
"2° bis To determine, for the conclusion of the convention referred to in Article L. 224-5-5, the multi-year guidelines relating to the missions of the union and all the means necessary for the realization of these orientations; "
III. - After article L. 224-5-4 of the same code, two articles L. 224-5-5 and L. 224-5-6 are inserted as follows:
"Art. L. 224-5-5. – A convention of objectives and management between the State and the Union of National Social Security Funds determines the multi-year directions related to the implementation of the missions entrusted to the union.
"This convention also determines the means of operation that the union has and sets the rules for calculating and changing its budget. It provides the indicators associated with the targets set. It specifies the terms and conditions for the conclusion of the current amendments, including taking into account the renewal of the conventions referred to in Article L. 227-1.
"The agreement is signed by the chair of the guidance board, the chair of the executive committee and the director of the union.
"The agreement, concluded for a minimum period of four years, and, where applicable, the amendments to it shall be forwarded to the parliamentary committees referred to in Article LO 111-9.
"Art. L. 224-5-6. ― The national funds of the general regime and the Central Agency of Social Security Agencies each conclude with the Union of National Social Security Funds a convention specifying their objectives and their mutual commitments for the fulfilment of the tasks of the union. This agreement is signed by the Director General or the Director of each national caisse and Central Agency and, for the union, by the Chairman of the Executive Committee and the Director. It is transmitted to the Minister for Social Security. »
IV. - In the third sentence of the first paragraph of Article L. 153-1 of the same code, the words "at the Union des caisses nationales de sécurité sociale" are deleted.
V. - Article L. 224-10 of the same code is amended as follows:
1° In the first paragraph, the words: "and the Central Agency of Social Security Organizations" are replaced by the words: ", the Central Agency of Social Security Organizations, and the Guidance Board and the Executive Committee of the Union of National Social Security Funds";
2° In the second paragraph, the words: "or boards of directors" are replaced by the words: ", boards of directors, guidance board or executive committee of directors", and the words: "and the Central Agency of Social Security Agencies" are replaced by the words: ", the Central Agency of Social Security Organizations and the Union of National Social Security Funds".
I.-After the second paragraph of Article L. 224-5 of the Social Security Code, it is inserted a paragraph as follows:
"It can serve as a purchasing power plant within the meaning of the public procurement code, on behalf of the national funds of the general regime, the Central Agency for Social Security Organizations or local organizations. »
II.-Article L. 224-12 of the same code is as follows:
"Art.L. 224-12. ― National funds, the Central Agency for Social Security Organizations and the Union of National Social Security Funds may, on their own account, pass through local agencies, markets or framework agreements. Subsequent contracts to framework agreements have been passed by national funds, the Central Agency for Social Security Organizations or by local agencies. »
III.-C of 2° of Article L. 723-11 of the Rural Code is thus written:
"(c) By ensuring the function of a purchasing power plant within the meaning of the public procurement code, on behalf of the agricultural social mutuality organizations referred to in Article L. 723-1 and, on its own behalf, of such bodies, markets or framework agreements. Subsequent contracts to framework agreements have passed through the central fund or agricultural social mutuality organizations. »
IV.-After the first paragraph of Article L. 124-4 of the Social Security Code, it is inserted a paragraph as follows:
"The provisions of the first paragraph are also applicable to public interest groups and economic interest groups financed mainly by one or more organizations referred to in the first paragraph, or by one or more national bodies referred to in Article L. 200-2. »
V.-Article L. 153-3 of the same code is amended as follows:
1° In the penultimate paragraph, the words: "budgets for administrative management, health and social action, prevention or medical control" are replaced by the words: "management budgets, health and social action or prevention budgets";
2° In the last paragraph, the words: "budgets for administrative management, health and social action, prevention and medical control" are replaced by the words: "management, health and social action or prevention budgets".
VI.-In the 4th of Article L. 227-1 of the same code, the words "administrative management budgets and, if applicable, medical control budgets" are replaced by the words "management budgets and, if applicable,".
I.-After article L. 723-4 of the rural code, an article L. 723-4-1 is inserted as follows:
"Art.L. 723-4-1. ― The central board for the administration of the agricultural social mutuality may decide, on the proposal of the Central General Assembly, the merger of two or more agricultural social mutuality funds. The effective date is 1 January of the calendar year of the term of office of the members of the boards of directors of the funds to be merged or on the first day of the calendar month following the term of office.
"For the purposes of the first paragraph, the central board of directors may, in place of the boards of directors of the concerned caisses, establish a commission to take all necessary measures to establish the new caisse. This commission may join qualified personalities designated by the Central Board of Directors. The composition of this commission is subject to the approval of the Minister for Agriculture. The decisions of the commission are subject to State control under the conditions provided by theArticle L. 152-1 of the Social Security Code and are enforceable by the directors of the funds concerned upon their approval. »
II.-Article L. 723-11 of the same code is supplemented by a 10° as follows:
« 10° To take the necessary measures for the management of the network of agricultural social mutuality organizations and to entrust to some of them the responsibility to undertake joint missions. »
III.-Article L. 723-13 of the same code is as follows:
"Art.L. 723-13. ― The Central Fund for Agricultural Social Mutuality shall exercise, under the powers set out in articles L. 723-11, L. 723-12 and L. 723-12-1, a supervisory authority over the agricultural social mutuality funds referred to in Article L. 723-2 and on the groups and associations referred to in Article L. 723-5.
"Without prejudice to the provisions of Article L. 724-1, it may also control the regularity of the liquidation of contributions and social security benefits by the funds of agricultural social mutuality.
"These controls are carried out in accordance with the terms laid down by decree. »
To strengthen the coordination of the actions of the medical control service with the employer's prerogatives as they arise from the Act No. 78-49 of 19 January 1978 the social security funds, which in 2006 served a number of daily allowances per insured person above the national average and which are listed by the Director General of the National Union of Health Insurance Funds, are experimenting, by derogation from the list established by the Director General of the National Union of Health Insurance Funds. II of Article L. 315-1 of the Social Security Codea procedure as follows:
1° When the Medical Control Service receives the notice referred to in the third paragraph of the second paragraph of the same article L. 315-1, the latter, in the light of the opinion:
(a) Re-examine the status of the insured;
(b) Either, without the need for additional control, asks the caisse to suspend the payment of daily allowances. The caisse informs the insured and his employer. Within a time limit set by decree from the date of receipt of this information, the insured person may request the credit union to enter the medical check service which is pronounced within a time limit set by decree.
When the medical check service, whether seized or not by the insured, considers that the work order is medically justified, the credit union maintains or restores the service of the benefits. The decision to maintain or restore the daily allowances shall be communicated by the care organization to the insured person and to the employer;
2° When the requirement for a work order is a result of a decision to suspend the daily allowances, the care agency shall suspend the service of these allowances and seize the medical check service, which renders its notice within a period fixed by decree.
Experimentation ends on December 31, 2009. The Minister for Social Security forwards to Parliament, by June 30, 2009, an evaluation report with comments from the social security funds that participated in the experiment.
After the first paragraph of Article L. 114-9 of the Social Security Code, it is inserted a paragraph as follows:
"The local health insurance organization shall, where appropriate, inform, if it may be identified, the supplementary health insurance organization of the insured person of the implementation of the procedure referred to in this section. »
Article L. 114-9 of the Social Security Code is supplemented by a paragraph to read:
"National organizations are notified by the social security agency of this fraud and the follow-up. In the absence of a complaint with the civil party of the injured body, national bodies may act on their behalf and on their behalf upon the expiration of one month after the unsuccessful release of the injured body. National agencies may also file a complaint with a civil party on behalf of and on behalf of one or more social security agencies that mandate them to do so. »
I.-The last two paragraphs of Article L. 114-12 of the Social Security Code are deleted.
II.-Article L. 583-3 of the same code is as follows:
"Art.L. 583-3. ― The information necessary to assess the conditions of opening, to maintain the rights and to calculate the family benefits, including the resources, may be obtained by the family benefit debtors in accordance with the terms of Article L. 114-14.
"The fraud, misrepresentation, inaccuracy or incompleteness of the information collected pursuant to the preceding paragraph exposes the individual or applicant to the penalties and penalties set out in sections L. 114-13 and L. 114-17.
"When this information cannot be obtained under the conditions set out in the first paragraph, allocatories or applicants shall forward it by declaration to the family benefit debtors.
"These bodies monitor statements by allocatories or applicants, particularly with regard to their family situation, children and dependants, their resources, the amount of rent and their housing conditions.
"For the exercise of their control, family benefit debtors may request all necessary information from public administrations, including financial administrations, and social security, supplementary pension and unemployment compensation organizations, which are required to provide them.
"The information requested by allocatories or applicants, administrations and organizations mentioned above must be limited to the data strictly necessary for the allocation of family benefits.
"A decree sets out the terms of information for allocataires or applicants whose declarations are subject to control defined in this section.
"Personals of debtors are held incommunicado as to the information provided to them.
"The payment of benefits may be suspended if the allotted person refuses to comply with the controls provided for in this section. »
III.-The fifth paragraph of Article L. 821-5 of the same code is as follows:
"Articles L. 114-13, L. 377-2, L. 377-4 and L. 583-3 of this Code apply to the allowance for disabled adults. »
IV.-Article L. 831-7 of the same code is as follows:
"Art.L. 831-7. ― The information necessary for the assessment of the opening conditions, the maintenance of the rights and the calculation of the housing allowance, including the resources, may be obtained by the agencies and services responsible for the payment of the allowance in accordance with the terms of Article L. 114-14.
"The fraud, misrepresentation, inaccuracy or incompleteness of the information collected pursuant to the preceding paragraph exposes the individual or applicant to the penalties and penalties set out in sections L. 114-13 and L. 114-17.
"When the information cannot be obtained under the conditions set out in the first paragraph, allocatories or applicants shall forward it by declaration to the agencies responsible for the payment of the allowance.
"These organizations are empowered to check on site if the accommodation meets the requirements of the first paragraph of section L. 831-3. The mayor or any association to defend the rights of tenants affiliated to an association serving on the National Commission for Consultation may, if it is brought to their knowledge the existence of a building or group of inhabited buildings that do not meet the requirements of decency as defined by theArticle 6 of Act No. 89-462 of 6 July 1989 referred to aboveseize the agencies and services responsible for payment of the allowance. The same right is recognized in the Departmental Directorate of Health and Social Affairs.
"The control of the statements of applicants or beneficiaries of the housing allowance is provided by the sworn staff of the said organizations. »
V.-Article L. 351-12 of the Construction and Housing Code is as follows:
"Art.L. 351-12. ― The information necessary to assess opening conditions, to maintain rights and to calculate personalized housing assistance, including resources, may be obtained by the agencies responsible for the payment of assistance in accordance with the terms and conditions of theArticle L. 114-14 of the Social Security Code.
"The fraud, misrepresentation, inaccuracy or incompleteness of the information collected pursuant to the preceding paragraph exposes the recipient or applicant to the penalties and penalties set out in the Articles L. 114-13 and L. 114-17 of the Social Security Code.
"When the information cannot be obtained under the conditions set out in the first paragraph, the recipients or applicants shall forward the information to those organizations by declaration.
"Subject to the provisions of Article L. 353-11, control of statements by applicants or recipients of personalized housing assistance is provided by sworn staff of agencies and services responsible for payment of assistance. Public administrations, in particular by application ofArticle L. 152 of the Tax Procedures Book, are required to communicate to this staff all necessary parts for the exercise of this control. »
Article L. 133-4 of the Social Security Code is amended as follows:
1° The fourth paragraph is supplemented by the words: "whatever the payment has been made to the insured, to another health professional or to an institution";
2° In the seventh paragraph, after the words: "three years", the words are inserted: ", except in the case of fraud".
After Article L. 243-7-1 of the Social Security Code, an article L. 243-7-2 is inserted as follows:
"Art. L. 243-7-2. ― cannot be opposed to the organizations referred to in articles L. 213-1 and L. 752-1 to acts intended to avoid, in whole or in part, the payment of social contributions and contributions.
"The organizations mentioned in the first paragraph are entitled to return its true character to the disputed operation. In the event of disagreement on any corrections notified on the basis of this section, the dispute shall, at the request of the contributor or the recovery agency, be submitted to the advisory committee for the suppression of abuse of law. The committee's notices will be the subject of an annual report.
"If the organization has not complied with the committee's opinion, it must demonstrate the merits of its correction. »
I.-After article L. 224-13 of the Social Security Code, an article L. 224-14 is inserted as follows:
"Art.L. 224-14. - The national funds referred to in articles L. 221-2, L. 222-4 and L. 223-2 shall carry out or coordinate control actions on the benefit service in order to detect fraud and abusive behaviour. As such, they may use automated data processing for the benefit service.
"They may require the participation of their regional and local organizations in these actions. »
II.-After the 11th of the article L. 611-4 of the same code, it is inserted a 12th grade as follows:
« 12° Implement or coordinate monitoring actions on the service of benefits to detect fraud and abusive behaviour. It may require the participation of the core funds in these actions. This means that it can use automated data processing for the benefit service."
III.-The article L. 723-11 of the rural code is supplemented by an 11° as follows:
« 11° Implement or coordinate monitoring actions on the service of benefits to detect fraud and abusive behaviour. It may require the participation of the funds referred to in Article L. 723-2. This means that it can use automated data processing for the benefit service. »
I.- Fraud of allocations referred to in Articles L. 542-1 and L. 831-1 of the Social Security Code and section L. 351-1 of the Construction and Housing Code, including the misrepresentation that resulted in the payment of undue benefits, where it is found for more than twice the monthly ceiling on social security, is punishable by the deletion of the service of these allowances in accordance with the procedure defined in the procedureArticle L. 114-17 of the Social Security Code. The duration of the penalty is determined on the basis of the gravity of the facts, within one year from the administrative decision to abolish. The director of the relevant social security organization takes into account, inter alia, the amount of fraud, its duration, the possible recidivism and the composition of the home.
This deletion may not be pronounced when the person concerned has for the same facts already been permanently convicted by the criminal judge or has been granted a final decision of non-court or relax stating that the reality of the offence is not established or that this offence is not attributable to him. If such a non-place or relax decision occurs after the deletion of the allowance service, the allowances are subject to a retroactive payment to the recipient. If, as a result of the deletion of the allowances, a criminal fine is imposed for the same facts, the amount of the allowances deleted is imputed on it.
This I applies until December 31, 2009. The Minister for Social Security forwards to Parliament, by June 30, 2009, a report on the evaluation of this measure, with comments from the bodies involved in the experiment.
II.-Before the last paragraph of Article L. 162-1-14 of the Social Security Code, a paragraph is inserted to read as follows:
"This section applies to the supplementary coverage provided for in section L. 861-1. The penalty is imposed and notified by the administrative authority or by delegation of authority by the director of the local health insurance organization."
The 2nd of Article L. 114-12-1 of the Social Security Code is supplemented by the words: "and the communal and intercommunal centres of social action mentioned in articles L. 123-4 to L. 123-9 of the Code of Social Action and Families".
I.-After article L. 242-1-1 of the Social Security Code, an article L. 242-1-2 is inserted as follows:
"Art.L. 242-1-2. ― For the calculation of social security contributions and contributions and by derogation from Article L. 242-1, the remuneration that has been paid or are due to an employee in return for work concealed within the meaning of theArticle L. 324-10 of the Labour Code are, if not proven otherwise, assessed on a six-fold basis the minimum monthly remuneration set out in section L. 141-11 of the same code in force at the time of the concealed work offence. Such remuneration shall be subject to section L. 242-1-1 of this Code and shall be deemed to have been paid in the month in which the concealed work offence is found.
"On the basis of the information contained in the concealed working minutes transmitted to them, the collection bodies referred to in sections L. 213-1 and L. 752-1 of this Code shall collect contributions and contributions due to them in respect of remuneration assessed in accordance with the preceding paragraph.
"The modalities for taking into account, under old age insurance, the lump sum remuneration provided for in the first paragraph and the procedure described in the second paragraph, in particular the way in which the principle of the conflict is guaranteed, are specified by decree in the Council of State. »
II.-After article L. 741-10-1 of the rural code, an article L. 741-10-2 is inserted as follows:
"Art.L. 741-10-2. ― For the calculation of social security contributions and contributions and by derogation from section L. 741-10, the remuneration that has been paid or are due to an employee in return for work concealed within the meaning of theArticle L. 324-10 of the Labour Code are, if not proven otherwise, assessed on a six-fold basis the minimum monthly remuneration set out in section L. 141-11 of the same code in force at the time of the concealed work offence. Such remuneration shall be subject to section L. 741-10-1 of this Code and shall be deemed to have been paid in the month in which the concealed work offence is found.
"On the basis of the information contained in the concealed working minutes transmitted to them, the collection bodies referred to in Article L. 723-3 of this Code shall collect contributions and contributions due to them for the remuneration assessed in accordance with the preceding paragraph.
"The modalities for taking into account, under old age insurance, the lump sum remuneration provided for in the first paragraph and the procedure described in the second paragraph, in particular the way in which the principle of the conflict is guaranteed, are specified by decree in the Council of State. »
III.-After article L. 324-12 of the Labour Code, an article L. 324-12-1 is inserted as follows:
"Art.L. 324-12-1. ― The inspection officers referred to in Article L. 324-12 shall disclose their work records concealed from the collection bodies referred to in Articles L. 213-1 and L. 752-1 of the Social Security Code and Article L. 723-3 of the Rural Code, which conducts the collection of contributions and contributions due to them on the basis of the information contained in the said minutes. »
IV.-After theArticle L. 8271-8 of the Labour Code from theOrder No. 2007-329 of 12 March 2007 In relation to the Labour Code (Legislative Party), an article L. 8271-8-1 is inserted as follows:
"Art.L. 8271-8-1. ― The inspection officers referred to in Article L. 8271-7 shall disclose their work records concealed from the collection bodies referred to in Articles L. 213-1 and L. 752-1 of the Social Security Code and Article L. 723-3 of the Rural Code, which conducts the collection of contributions and contributions due to them on the basis of the information contained in the said minutes. »
V.-The IV comes into force at the same time asOrder No. 2007-329 of 12 March 2007 Labour Code (Legislative Party).
VI.-Article L. 133-4-2 of the Social Security Code is amended as follows:
1° In the first paragraph, the words: "paid to" are replaced by the words: "due to";
2° The second paragraph shall be supplemented by the words: "and practised in a calendar month, where the remuneration paid or due to one or more employees concealed during that month are at least equal to the minimum monthly remuneration defined in Article L. 141-11 of the same code";
3° The last paragraph is replaced by two subparagraphs:
"When the remuneration concealed during the month is less than the minimum monthly remuneration referred to in the second paragraph, the cancellation shall be reduced to a proportion by applying to the reductions or exemptions of contributions or contributions made a factor equal to the ratio of remuneration due to or paid for concealed work and the minimum monthly remuneration.
"This cancellation is capped to an amount fixed by decree. »
In the first paragraph of Article L. 114-15 of the Social Security Code, the words "has intentionally agreed to work" are replaced by the words "worked".
[Dispositions declared not in conformity with the Constitution by the Constitutional Council decision No. 2007-558 DC of 13 December 2007.]
Chapter IV ter of Book I of the Social Security Code is supplemented by three articles L. 114-19 to L. 114-21 as follows:
"Art. L. 114-19. - The right of communication allows to obtain, without the professional secrecy, the necessary documents and information:
« 1° To agents of social security organizations to monitor the sincerity and accuracy of the written statements or the authenticity of the documents produced for the attribution and payment of the benefits provided by the said organizations;
« 2° To the control officers referred to in Articles L. 243-7 of this Code and L. 724-7 of the Rural Code to carry out their control tasks defined in the same articles and their mission to combat the hidden work defined in theArticle L. 324-12 of the Labour Code.
"The right under the first paragraph shall be exercised regardless of the support used for the preservation of documents and may be accompanied by the immediate taking of extracts and copies.
"Art. L. 114-20. - Without prejudice to the other applicable legislation relating to the exchange of information, the right of communication defined in Article L. 114-19 shall be exercised in the prescribed conditions and with the persons referred to in Chapter II, section 1, of the Book of Tax Procedures with the exception of the persons referred to in Articles L. 82 C, L. 83 A, L. 83 B, L. 84 A, L. 91, L. 95 and L.
"Art. L. 114-21. - The organization that has used the right of communication under section L. 114-19 is required to inform the natural or legal person against whom the decision is made to delete the service of a benefit or to collect, the content and the origin of the information and documents obtained from third parties on which it relied to make that decision. A copy of the above-mentioned documents shall be provided to the person making the request before the recovery or deletion of the service of the benefit. »
I.-Article L. 315-1 of the Social Security Code is amended as follows:
1° I is supplemented by the words: "as well as benefits under articles L. 251-2 and L. 254-1 of the Code of Social Action and Families";
2° In the third, after the words: "beneficiaries of health insurance", the words are inserted: ", medical assistance from the State or the care of the urgent care mentioned in Article L. 254-1 of the Code of Social Action and Families,"
3° The III bis is supplemented by the words: "or in State care under articles L. 251-2 or L. 254-1 of the code of social action and families";
4° In the first paragraph of the IV, after the words: "beneficiaries of health insurance", the words are inserted: "the medical aid of the State or the care of the urgent care mentioned in article L. 254-1 of the code of social action and of families".
II.-Article L. 315-2 of the same code is amended as follows:
1° The fifth paragraph is supplemented by the words: "or the State with regard to the benefits provided under articles L. 251-2 and L. 254-1 of the Code of Social Action and Families";
2° In the sixth preambular paragraph, the words: "admission to reimbursement" are replaced by the words: "care";
3° In the first sentence of the penultimate paragraph, after the words: "the insured" are inserted the words: "or the beneficiary of the state's medical assistance or the care of the urgent care referred to in Article L. 254-1 of the code of social action and families";
4° In the first sentence of the last paragraph, after the words: "any insured person" are inserted the words: "or beneficiary of the state's medical assistance or the care of the urgent care mentioned in Article L. 254-1 of the Code of Social Action and Families".
III.-The first paragraph of Article L. 315-2-1 of the same code is amended as follows:
1° In the first sentence, after the words: "care provided to an insured person", the words are inserted: "or to a beneficiary of the state's medical assistance or the care provided for urgent care referred to in Article L. 254-1 of the Code of Social Action and Families";
2° In the second sentence, the words: "the insured" are replaced by the words: "the interested person";
3° In the last sentence, after the words: "to the insured", the words are inserted: "or to the beneficiary of the medical assistance of the State or of the care of the urgent care mentioned in Article L. 254-1 of the Code of Social Action and Families".
I.-Article L. 433-1 of the Social Security Code is supplemented by a sub-paragraph as follows:
"The right to daily allowance is open under the conditions set out in Article L. 323-6. »
II.-Article L. 442-5 of the same code is as follows:
"Art.L. 442-5.-Articles L. 315-1 and L. 315-2 apply to occupational accidents. »
For the year 2008, the forecast of the expenses of the organizations involved in the financing of the mandatory basic social security schemes is:
(In billions of euros)
| Old-age solidarity fund | 14.2 |
| Funding for social benefits of non-agricultural workers | 16.8 |
A N N E X E A
REPORT ON PREVIOUS MEASURES FOR THE OVERVIEW OF DEFICES EXERCICE 2006
I. - For the general regime, fiscal year 2006 shows a deficit of 8.7 billion euros. It focuses on the Maladie branch.
1. Coverage of the deficit of the Maladie branch
For this branch, the deficit of €5.9 billion was covered by a payment from the Social Debt Fund (CADES).
Indeed,Article 76 of Act No. 2004-810 of 13 August 2004 relating to health insurance provided that CADES would cover:
– the accumulated deficits of the Malay branch as at 31 December 2003 and the forecast deficit for the 2004 fiscal year within the overall limit of 35 billion euros;
– forecast deficits for the years 2005 and 2006 within the overall limit of €15 billion.
The implementation of these provisions has therefore led to a three-year period of debt recovery by CADES:
– the debt recovery in 2004, corresponding to the cumulative forecast deficit of the National Health Insurance Fund for Employees at the end of 2004, totalling €35 billion, resulted in four CADES payments to the Central Agency for Social Security Organizations (ACOSS), which were between September 1 and December 9, 2004;
– the debt recovery in 2005 amounted to €6.61 billion. This amount corresponds, for €8.3 billion, to the resumption of the forecast deficit of 2005 and, for ―€1.69 billion, to a regularization of the debt recovery in 2004 (the cumulative deficit actually recorded at the end of 2004 having risen to €33.31 billion instead of €35 billion initially planned). This transaction resulted in a single payment dated 7 October 2005;
– in 2006, the debt recovery increased to €5.7 billion. This amount represents the resumption of the forecast deficit of 2006 for 6 billion euros and, for ―0.3 billion euros, the regularization of the debt recovery in 2005 (the real deficit of this fiscal year amounted to 8 billion euros instead of the amount of 8.3 billion euros initially planned). A single payment was made on 6 October 2006.
A final operation in 2007 will take into account the actual deficit in 2006. The ACOSS should remit €64.72 million to CADES.
As of 2007, the Act does not provide for a further recovery of the deficit of the Malay branch by CADES.
2. Coverage of branch deficits Older, Family and Occupational Health Accidents
The Vieillesse branch of the General Plan registered in 2006 a deficit of 1.9 billion euros, the Family branch of 0.9 billion euros, and the Occupational Accidents and Diseases industry of 0.1 billion euros.
These deficits have been covered by the cash borrowings that ACOSS can conclude with the Caisse des dépôts et consignations, within the limits of the ceiling set out in the Social Security Financing Act (€18.5 billion for 2006). Over the course of 2006, the financial burdens of the CAOSS, net of financial products, amount to €270 million.
II. - For organizations involved in the financing of plans:
1. Fund deficit coverage
Social benefits of agricultural non-salaries (FFIPSA)
The result of FFIPSA for fiscal year 2006 is a deficit of 1.3 billion euros. Given its deficit in 2005, the deficits accumulated at the end of 2006 amounted to €2.6 billion, to which the balance of the debt of the annexed budget of agricultural social benefits (BAPSA) should be added in the amount of €0.6 billion, which is registered in debt on the State.
The financing of these deficits is ensured by the cash borrowings that can be concluded by the Central Fund for Agricultural Social Mutuality, on the delegation of the FFIPSA, with the CALYON banking consortium within the limit set by the Social Security Financing Act (7.1 billion euros for 2006).
2. Coverage of the Solidarity Fund deficit
old age (FSV)
The result of the VSP for fiscal year 2006 is a deficit of 1.3 billion euros.
The VSP does not have a reserve and does not have the right to borrow, the accumulated deficit, which amounts to €5 billion as of December 31, 2006, is recorded in the balance sheet in negative working capital.
The fund is largely in debt position vis-à-vis the Caisse nationale d'assurance vieuxsse des travailleurs wages (CNAVTS – 5.5 billion euros as of 31 December 2006) and the Caisse Centrale de la mutualité sociale agricole (0.1 billion euros on that same date).
These amounts are therefore financed in fine by the CAOSS cash borrowings, under the same conditions as the CNAVTS-specific deficits. In 2006, the amount of interest related to VSP deficits amounted to 160 million euros.
A N N E X E B
REPORT ON THE PREVISIONS OF RECETTES AND THE OBJECTIVES OF EXPENDITURES OF BASIC EMERGENCY EQUIPMENTS AND THE GLOBALLY EQUIPMENT, REVISIONS AND DEPENSES OF BODIES CONCERNING THE FINANCING OF
Average evolution assumptions
2009-2012
| Gross domestic product | 2.5% | 3 per cent |
| Private sector salaries | 4.4% | 5 per cent |
| National Health Insurance Expenditures (volume) | 2.0 per cent | 2.0 per cent |
| Variant national health insurance spending target (volume) | 1.5 per cent | 1.5 per cent |
| Inflation off tobacco | 1.6 per cent | 1.6 per cent |
Estimated income and expenditure for the period 2007-2012
(low economic scenario)
General regime
(In billions of euros)
| Disease | |||||||
| Income | 137,5 | 143.5 | 151.0 | 156.6 | 163,6 | 170,9 | 178.4 |
| Expenditure | 143.4 | 149.7 | 155.2 | 161.3 | 167.7 | 174.5 | 181.4 |
| Balance | 5.9 | 4.2 | 4.2 | 4.7 | 4.1 | 3.6 | ― 3.0 |
| Variant with an ONDAM at 1.5% by volume from 2009 | |||||||
| Balance | 5.9 | 4.2 | 4.2 | ― 4.0 | 2.8 | ― 1.4 | ― 0.0 |
| Occupational accidents - occupational diseases | |||||||
| Income | 9.8 | 10.0 | 10.8 | 11.3 | 11.8 | 12.3 | 12.8 |
| Expenditure | 9.9 | 10.4 | 10.5 | 10,9 | 11.2 | 11.5 | 11.9 |
| Balance | 0.1 | 0.4 | 0.3 | 0.4 | 0.6 | 0.7 | 0.9 |
| Family | |||||||
| Income | 52.5 | 54.3 | 56.7 | 58,8 | 61.2 | 63,7 | 66.4 |
| Expenditure | 53.4 | 54.8 | 56.4 | 57.3 | 58.5 | 59.9 | 61.5 |
| Balance | 0.9 | 0.5 | 0.3 | 1.5 | 2.7 | 3.9 | 4.9 |
| Old age | |||||||
| Income | 83.0 | 85.4 | 89.2 | 92.6 | 96.4 | 100.1 | 104.0 |
| Expenditure | 84.8 | 90.0 | 94.3 | 99.0 | 103.8 | 109.1 | 114.4 |
| Balance | 1.9 | ― 4,6 | 5.2 | 6.4 | ― 7.5 | ― 9.0 | 10.4 |
| All branches consolidated | |||||||
| Income | 277,8 | 288.0 | 302,3 | 313.9 | 327.3 | 341.2 | 355.7 |
| Expenditure | 286,6 | 299.6 | 311.1 | 323.0 | 335.7 | 349.2 | 363.3 |
| Balance | 8.7 | 11.7 | 8.8 | 9.1 | 8.4 | ● 8.0 | ― 7.5 |
| Variant with an ONDAM at 1.5% by volume from 2009 | |||||||
| Balance | 8.7 | 11.7 | 8.8 | 8.5 | ― 7.0 | 5.8 | 4.5 |
All basic mandatory plans
(In billions of euros)
| Disease | |||||||
| Income | 160.1 | 166.8 | 175.4 | 181.6 | 189.3 | 197,4 | 205.8 |
| Expenditure | 166.0 | 173.4 | 179,5 | 186.4 | 193,6 | 201.2 | 209.0 |
| Balance | 5.9 | 6.6 | 4.1 | 4.8 | - 4.3 | - 3.7 | 3.2 |
| Occupational accidents - occupational diseases | |||||||
| Income | 11.2 | 11.3 | 12.2 | 12.7 | 13.2 | 13.7 | 14.2 |
| Expenditure | 11.3 | 11.6 | 11.8 | 12.2 | 12.5 | 12.9 | 13.2 |
| Balance | 0.1 | 0.3 | 0.3 | 0.5 | 0.6 | 0.8 | 0.9 |
| Family | |||||||
| Income | 52,9 | 54,7 | 57.1 | 59.2 | 61.7 | 64.2 | 66.9 |
| Expenditure | 53.7 | 55.2 | 56.8 | 57.7 | 58.9 | 60.3 | 61.9 |
| Balance | 0.8 | 0.5 | 0.3 | 1.6 | 2.8 | 3.9 | 5.0 |
| Old age | |||||||
| Income | 162.2 | 168.0 | 175,6 | 18.5 | 186.3 | 191.9 | 197,8 |
| Expenditure | 163.2 | 172.1 | 179.7 | 186,7 | 194.1 | 201.3 | 208,7 |
| Balance | ― 1.0 | ― 4.0 | 4.2 | - 6.3 | ― 7.8 | ―9.4 | 0.9 |
| All branches consolidated | |||||||
| Income | 381.4 | 395,5 | 414.8 | 428,5 | 445.0 | 461.8 | 479.4 |
| Expenditure | 389.2 | 406.9 | 422.5 | 437.6 | 453,7 | 470.3 | 487,5 |
| Balance | ― 7.8 | 11.4 | 7.7 | 9.1 | 8.7 | 8.4 | 8.1 |
Old-age solidarity fund
(In billions of euros)
| Income | 13.5 | 14.0 | 14.8 | 14.9 | 15.5 | 16.2 | 16.8 |
| Expenditure | 14,7 | 14.2 | 14.2 | 14.2 | 144.5 | 14,7 | 15.0 |
| Balance | 1.3 | 0.3 | 0.6 | 0.7 | 1.1 | 1.4 | 1.8 |
Funding for social benefits of non-agricultural workers
(In billions of euros)
| Income | 15.0 | 14.2 | 14.2 | 14.1 | 13.9 | 13.8 | 13.6 |
| Expenditure | 16.3 | 16,5 | 16.8 | 16.9 | 17.1 | 17.2 | 17.4 |
| Balance | 1.3 | 2.3 | 2.7 | 2.8 | - 3.1 | - 3.4 | 3.8 |
Estimated income and expenditure for the period 2007-2012
(high economic scenario)
General regime
(In billions of euros)
| Disease | |||||||
| Income | 137,5 | 143.5 | 151.0 | 157.3 | 164.9 | 172,9 | 181.3 |
| Expenditure | 143.4 | 149.7 | 155.2 | 161.3 | 167.7 | 174.4 | 181.3 |
| Balance | 5.9 | 4.2 | 4.2 | ― 4.0 | 2.8 | ― 1.4 | 0.0 |
| Variant with an ONDAM at 1.5% by volume from 2009 | |||||||
| Balance | 5.9 | 4.2 | 4.2 | - 3.4 | 1.5 | 0.7 | 3.1 |
| Occupational accidents - occupational diseases | |||||||
| Income | 9.8 | 10.0 | 10.8 | 11.3 | 11.9 | 12.5 | 13.1 |
| Expenditure | 9.9 | 10.4 | 10.5 | 10,9 | 11.2 | 11.5 | 11.9 |
| Balance | 0.1 | 0.4 | 0.3 | 0.5 | 0.7 | 0.9 | 1.2 |
| Family | |||||||
| Income | 52.5 | 54.3 | 56.7 | 59.0 | 61.7 | 64.5 | 67,5 |
| Expenditure | 53.4 | 54.8 | 56.4 | 57.3 | 58.5 | 59.9 | 61.5 |
| Balance | 0.9 | 0.5 | 0.3 | 1.7 | 3.2 | 4.6 | 6.0 |
| Old age | |||||||
| Income | 83.0 | 85.4 | 89.2 | 92,9 | 97.0 | 101.1 | 105,5 |
| Expenditure | 84.8 | 90.0 | 94.3 | 99.0 | 103.8 | 109.0 | 114.2 |
| Balance | 1.9 | ― 4,6 | 5.2 | ― 6.0 | 6.8 | 7.9 | 8.8 |
| All branches consolidated | |||||||
| Income | 277,8 | 288.0 | 302,3 | 315.1 | 329.9 | 345.3 | 361.4 |
| Expenditure | 286,6 | 299.6 | 311.1 | 323.0 | 335,6 | 349.0 | 363.0 |
| Balance | 8.7 | 11.7 | 8.8 | 7.9 | 5.8 | 3.8 | ― 1.6 |
| Variant with an ONDAM at 1.5% by volume from 2009 | |||||||
| Balance | 8.7 | 11.7 | 8.8 | ― 7.3 | 4.4 | ― 1.6 | 1.4 |
All basic mandatory plans
(In billions of euros)
| Disease | |||||||
| Income | 160.1 | 166.8 | 175.4 | 182.2 | 190.6 | 19.5 | 208,7 |
| Expenditure | 166.0 | 173.4 | 179,5 | 186.4 | 193,6 | 201.1 | 208,8 |
| Balance | 5.9 | 6.6 | 4.1 | 4.2 | ― 3.0 | ― 1.6 | 0.2 |
| Occupational accidents - occupational diseases | |||||||
| Income | 11.2 | 11.3 | 12.2 | 12.7 | 13.3 | 13.9 | 144.5 |
| Expenditure | 11.3 | 11.6 | 11.8 | 12.2 | 12.5 | 12.9 | 13.2 |
| Balance | 0.1 | 0.3 | 0.3 | 0.5 | 0.8 | 1.0 | 1.2 |
| Family | |||||||
| Income | 52,9 | 54,7 | 57.1 | 59,5 | 62.1 | 65.0 | 68.0 |
| Expenditure | 53.7 | 55.2 | 56.8 | 57.7 | 58.9 | 60.3 | 61.9 |
| Balance | 0.8 | 0.5 | 0.3 | 1.8 | 3.2 | 4.7 | 6.1 |
| Old age | |||||||
| Income | 162.2 | 168.0 | 175,6 | 180.8 | 186.9 | 192,9 | 199.2 |
| Expenditure | 163.2 | 172.1 | 179.7 | 186,7 | 194.0 | 201.3 | 208,6 |
| Balance | ― 1.0 | ― 4.0 | 4.2 | ― 6.0 | 7.1 | 8.3 | ―9.3 |
| All branches consolidated | |||||||
| Income | 381.4 | 395,5 | 414.8 | 429.8 | 447,5 | 465.9 | 485.0 |
| Expenditure | 389.2 | 406.9 | 422.5 | 437.6 | 453,7 | 470.1 | 487.2 |
| Balance | ― 7.8 | 11.4 | 7.7 | 7.9 | - 6.1 | - 4.3 | 2.2 |
Old-age solidarity fund
(In billions of euros)
| Income | 13.5 | 14.0 | 14.8 | 15.0 | 15.6 | 16.3 | 17.1 |
| Expenditure | 14,7 | 14.2 | 14.2 | 14.1 | 14.3 | 14.4 | 14.6 |
| Balance | 1.3 | 0.3 | 0.6 | 0.9 | 1.4 | 1.9 | 2.4 |
Funding for social benefits of non-agricultural workers
(In billions of euros)
| Income | 15.0 | 14.2 | 14.2 | 14.1 | 14.0 | 13.8 | 13.7 |
| Expenditure | 16.3 | 16,5 | 16.8 | 16.9 | 17.1 | 17.2 | 17.4 |
| Balance | 1.3 | 2.3 | 2.7 | 2.7 | - 3.1 | - 3.4 | - 3.7 |
A N N E X E C
STATE OF CATEGORY AND BRANCHE RECEIVED: OBLIGATIONAL WARNING REQUIREMENTS FOR SOCIAL SECURITY; OF THE GENERAL ASSEMBLY OF SOCIAL SECURITY; OF FUNDS CONCERNING THE FINANCING OF THE OBLIGATIONAL REQUIRED OF SOCIAL SECURITY
1. Income by category and branch of mandatory basic social security schemes:
Fiscal year 2006
(In billions of euros)
| Actual contributions | 69.8 | 89.7 | 30.4 | 8.1 | 198.0 |
| fictitious contributions | 1.1 | 33.3 | 0.1 | 0.3 | 34.8 |
| State-supported contributions | 1.5 | 1.3 | 0.6 | 0.3 | 3.6 |
| Social security coverage | 0.0 | 0.0 | 0.3 | 0.0 | 0.0 |
| Other public contributions | 1.2 | 6.2 | 6.3 | 0.1 | 13.8 |
| Taxes and taxes affected | 72.0 | 11.5 | 14.6 | 1.7 | 99.9 |
| general social contribution | 53.8 | 0.0 | 11.1 | 0.0 | 64.9 |
| Transfers received | 11.8 | 19.3 | 0 | 0.1 | 26,4 |
| Income from capital | 0.1 | 0.2 | 0.1 | 0.0 | 0.4 |
| Other resources | 2.7 | 0.6 | 0.6 | 0.6 | 4.5 |
| Total per branch | 160.1 | 162.1 | 52,9 | 11.2 | 381.4 |
Year 2007 (forecast)
(In billions of euros)
| Actual contributions | 72.2 | 92.5 | 31.3 | 8.1 | 204.1 |
| fictitious contributions | 1.1 | 34,7 | 0.1 | 0.3 | 36.3 |
| State-supported contributions | 1.8 | 1.4 | 0.7 | 0.3 | 4.2 |
| Social security coverage | 0.0 | 0.0 | 0.3 | 0.0 | 0.0 |
| Other public contributions | 1.6 | 7.1 | 6.5 | 0.1 | 15.3 |
| Taxes and taxes affected | 74.4 | 12.7 | 15.4 | 1.9 | 104.4 |
| general social contribution | 55.8 | 0.0 | 11.5 | 0.0 | 67.3 |
| Transfers received | 13.0 | 18.8 | 0.0 | 0.1 | 26.9 |
| Income from capital | 0.0 | 0.2 | 0.0 | 0.0 | 0.3 |
| Other resources | 2.7 | 0.6 | 0.3 | 0.5 | 4.0 |
| Total per branch | 166.8 | 168.0 | 54,7 | 11.3 | 395,5 |
Year 2008 (forecast)
(In billions of euros)
| Actual contributions | 74.9 | 94.8 | 32.6 | 9.1 | 211.4 |
| fictitious contributions | 1.2 | 36.1 | 0.1 | 0.3 | 37,8 |
| State-supported contributions | 1.9 | 1.5 | 0.7 | 0.1 | 4.1 |
| Social security coverage | 0.0 | 0.0 | 0.3 | 0.0 | 0.0 |
| Other public contributions | 1.8 | 7.5 | 6.6 | 0.1 | 16.0 |
| Taxes and taxes affected | 78,6 | 15.8 | 16.3 | 2.1 | 112.8 |
| general social contribution | 58.7 | 0.0 | 12.1 | 0.0 | 70.8 |
| Transfers received | 144.5 | 18.9 | 0.0 | 0.1 | 28.4 |
| Income from capital | 0.0 | 0.2 | 0.1 | 0.0 | 0.3 |
| Other resources | 2.5 | 0.7 | 0.3 | 0.4 | 3.9 |
| Total per branch | 175.4 | 175,6 | 57.1 | 12.2 | 414.8 |
Fiscal year 2006
(In billions of euros)
| Actual contributions | 62.3 | 58.0 | 30.1 | 7.4 | 157,9 |
| fictitious contributions | 0.0 | 0.0 | 0.0 | 0.0 | 0.0 |
| State-supported contributions | 1.4 | 1.1 | 0.6 | 0.3 | 3.3 |
| Social security coverage | 0.2 | 0.0 | 0.3 | 0.0 | 0.2 |
| Other public contributions | 0.4 | 0.1 | 6.3 | 0.0 | 6.8 |
| Taxes and taxes affected | 60.0 | 6.1 | 14.6 | 1.6 | 82.4 |
| general social contribution | 47.1 | 0.0 | 11.1 | 0.0 | 58.2 |
| Transfers received | 10.7 | 17.4 | 0.0 | 0.1 | 23.4 |
| Income from capital | 0.0 | 0.0 | 0.1 | 0.0 | 0.1 |
| Other resources | 2.5 | 0.2 | 0.6 | 0.4 | 3.7 |
| Total per branch | 137,5 | 83.0 | 52.5 | 9.8 | 277,8 |
Year 2007 (forecast)
(In billions of euros)
| Actual contributions | 64.3 | 59.6 | 31.1 | 7.4 | 162.4 |
| fictitious contributions | 0.0 | 0.0 | 0.0 | 0.0 | 0.0 |
| State-supported contributions | 1.6 | 1.3 | 0.7 | 0.3 | 3.9 |
| Social security coverage | 0.2 | 0.0 | 0.3 | 0.0 | 0.3 |
| Other public contributions. | 0.4 | 0.1 | 6.5 | 0.0 | 7.0 |
| Taxes and taxes affected | 62.5 | 7.4 | 15.4 | 1.8 | 87.2 |
| general social contribution | 49.0 | 0.0 | 11.5 | 0.0 | 60.4 |
| Transfers received | 12.0 | 16.8 | 0.0 | 0.1 | 23.9 |
| Income from capital | 0.0 | 0.0 | 0.0 | 0.0 | 0.0 |
| Other resources | 2.5 | 0.1 | 0.3 | 0.4 | 3.3 |
| Total per branch | 143.5 | 85.4 | 54.3 | 10.0 | 288.0 |
Year 2008 (forecast)
(In billions of euros)
| Actual contributions | 67.0 | 60.4 | 32.3 | 8.4 | 168.1 |
| fictitious contributions | 0.0 | 0.0 | 0.0 | 0.0 | 0.0 |
| State-supported contributions | 1.7 | 1.3 | 0.7 | 0.1 | 3.7 |
| Social security coverage | 0.2 | 0.0 | 0.3 | 0.0 | 0.3 |
| Other public contributions | 0.4 | 0.1 | 6.6 | 0.0 | 7.2 |
| Taxes and taxes affected | 66.2 | 10.3 | 16.3 | 1.9 | 94.8 |
| general social contribution | 51.6 | 0.0 | 12.1 | 0.0 | 63,7 |
| Transfers received | 13.1 | 16.8 | 0.0 | 0.1 | 25.0 |
| Income from capital | 0.0 | 0.0 | 0.1 | 0.0 | 0.1 |
| Other resources | 2.4 | 0.1 | 0.3 | 0.3 | 3.1 |
| Total per branch | 151.0 | 89.2 | 56.7 | 10.8 | 302,3 |
Fiscal year 2006
(In billions of euros)
| Actual contributions | 0.0 | 1.7 |
| fictitious contributions | 0.0 | 0.0 |
| State-supported contributions | 0.0 | 0.0 |
| Other public contributions | 0.0 | 0.0 |
| Taxes and taxes affected | 11.3 | 6.5 |
| general social contribution | 10.5 | 0.9 |
| Transfers received | 2.2 | 6.5 |
| Income from capital | 0.0 | 0.0 |
| Other resources | 0.0 | 0.3 |
| Total by organization | 13.5 | 15.0 |
Year 2007 (forecast)
(In billions of euros)
| Actual contributions | 0.0 | 1.7 |
| fictitious contributions | 0.0 | 0.0 |
| State-supported contributions | 0.0 | 0.0 |
| Other public contributions | 0.0 | 0.0 |
| Taxes and taxes affected | 11.6 | 6.0 |
| general social contribution | 10,9 | 1.0 |
| Transfers received | 2.3 | 6.3 |
| Income from capital | 0.0 | 0.0 |
| Other resources | 0.0 | 0.2 |
| Total by organization | 14.0 | 14.2 |
Year 2008 (forecast)
(In billions of euros)
| Actual contributions | 0.0 | 1.7 |
| fictitious contributions | 0.0 | 0.0 |
| State-supported contributions | 0.0 | 0.0 |
| Other public contributions | 0.0 | 0.0 |
| Taxes and taxes affected | 12.4 | 6.0 |
| general social contribution | 11.5 | 1.0 |
| Transfers received | 2.4 | 6.3 |
| Income from capital | 0.0 | 0.0 |
| Other resources | 0.0 | 0.2 |
| Total by organization | 14.8 | 14.2 |
Done in Paris, 19 December 2007.
Nicolas Sarkozy
By the President of the Republic:
The Prime Minister,
François Fillon
Minister of Agriculture and Fisheries,
Michel Barnier
Minister of Labour, Social Relations
and solidarity,
Xavier Bertrand
The Minister of Health,
youth and sports,
Roselyne Bachelot-Narquin
Minister of Budget, Public Accounts
and the Public Service,
Eric Woerth
(1) Act No. 2007-1786.
Preparatory work:
National Assembly:
Bill 284;
MM report. Yves Bur, Jean-Pierre Door, Denis Jacquat and Hervé Féron, on behalf of the Cultural Affairs Committee, No. 295;
Opinion of Ms. Marie-Anne Montchamp, on behalf of the Finance Committee, No. 303;
Discussion on 23-26 and 29 October 2007 and adoption on 29 October 2007.
Senate:
Bill, adopted by the National Assembly, No. 67 (2007-2008);
Report of MM Alain Vasselle, André Lardeux, Dominique Leclerc and Gérard Dériot on behalf of the Social Affairs Committee, No. 72 (2007-2008);
Opinion of Mr. Jean-Jacques Jégou, on behalf of the Finance Committee, No. 73 (2007-2008);
Discussion on 12-16 November 2007 and adoption on 16 November 2007.
National Assembly:
Bill, amended by the Senate, No. 415;
Report of Mr. Yves Bur, on behalf of the Joint Parity Commission, No. 416;
Discussion and adoption on November 22, 2007.
Senate:
Report of Mr. Alain Vasselle, on behalf of the Joint Parity Commission, No. 87 (2007-2008);
Discussion and adoption on November 23, 2007.
― Constitutional Council:
Decision No. 2007-558 DC of 13 December 2007 published in the Official Gazette of this day.
