Decree No. 2010-621 Of June 7, 2010, Authorizing The Creation Of Automated Processing Of Personal Data By The Cnamts On Residents And Medical Activity And Consumption Data In Institutions Accommodation Wit...

Original Language Title: Décret n° 2010-621 du 7 juin 2010 autorisant la création d'un traitement automatisé de données à caractère personnel par la CNAMTS relatif aux résidents et aux données d'activité et de consommation médicales des établissements d'hébergem...

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Key words health, CODE DE L'ACTION social and family, person aged dependent, hosting, hosting facility for elderly dependent, EHPAD, RESIDENT care, medicine, consumer medical expenditure, activity of care, Informatics, data TRANSMISSION, workers employees CAISSE NATIONALE of insurance disease, CNAMTS, processing automated file computerized, personal data, implementation JORF n ° 0131 June 9, 2010 page 10571 text no. 29 Decree No. 2010-621 of June 7, 2010, authorizing the creation of a processing automated data personal by the CNAMTS on residents and medical activity and consumption data of the accommodations for elderly dependent people NOR: SASS0929288D ELI: https://www.legifrance.gouv.fr/eli/decret/2010/6/7/SASS0929288D/jo/texte Alias: https://www.legifrance.gouv.fr/eli/decret/2010/6/7/2010-621/jo/texte Prime Minister, on the report of the Minister of health and sports and the Minister of labour solidarity and public service, having regard to the code of social action and families, particular articles L. 314 - 2 and L. 314 - 8;
Having regard to the code of social security, particular articles L. 133-4-4 and l. 162-1-14;
Having regard to Act No. 78-17 of 6 January 1978 amended relative to computers, files and freedoms, including the I of article 27 thereof;
Having regard to the opinion of the National Commission of data processing and freedoms dated November 12, 2009;
Having regard to the opinion of the Council of the National Fund of insurance illness of employees dated December 15, 2009;
Having regard to the opinion of the agricultural Council of Caisse centrale de Mutualité social dated December 17, 2009;
Having regard to the referral to the Council of the National Union of sickness insurance funds dated December 1, 2009;
The Council of State (social section) heard, enacts as follows: Article 1 more on this article...

Article R. 314 - 169 of the social action and family code is replaced by the following: 'Art.R. 314 - 169.-I. — in order to facilitate the implementation of the provisions of article L. 133-4-4 of the code of social security and recovery of the indus, the National Fund insurance of employees is implementing an automated processing of personal data, inter-regimes, referred to as "lists of residents and medical consumption data in the residential facilities for elderly dependent people". Are subject to this treatment the residents and the activity of the liberal health professionals in the residential facilities for dependent elderly persons mentioned on the 6th of the I of article L. 312 - 1 of this code and which the pricing is set by articles R. 314 - 158 in R. 314 - 193 of the code.
«II. — this treatment has the following objectives to: "1 ° monitoring of medical consumption and the activity of the liberal health professionals in the institution;
«2 ° checks on billings submitted reimbursement of insurance providers by the approximation of data on residents with those relating to the reimbursement of city care provided to those same people;
«3 ° the distribution between the regimes of the care package.
«III. — the categories of information recorded in the treatment are: "1 ° with regard to the identification of present residents in the hotel: ' a) family name and, if applicable, the married name or use, and first names;»»»
«b) registration to the national Repertory of identification number of the resident natural persons and, where appropriate, of the insured pensionable;
"(c) the date and place of birth;
"d) the nature of the accommodation;
«e) the days of presence for the month concerned;
«2 ° identification of the establishment and its tariff regime;
«3 ° the amount of remuneration paid to liberal and integrated health professionals in the related care, by occupational category, daily rate in distinguishing, for doctors, general practitioners from other specialities;
«4 ° the overall consumption of drugs, on the one hand, and medical devices, on the other hand, integrated into the related care daily rate.
"IV. ― the information mentioned in III are provided monthly health insurance agencies, electronically, by the head of the institution. They are kept for a period of thirty-three months by the National Fund for insurance of salaried workers.
«V. ― the National Fund for insurance of salaried workers, is empowered to verify and complete data relating to affiliation and identification of residents, access to the register provided for in article L. 161 - 32 of the code of social security. ''
"VI. ― are recipients of all or part of the personal data and the information mentioned in III, to meet the only purposes mentioned in II, caisses pivots and affiliate individually designated and duly authorised agents.
«VII. ― national organizations of the different insurance schemes, the National Fund of solidarity for autonomy and regional health agencies designate and empower agents to exploit, for statistical purposes only, the data and information referred to in III, with the exception of those mentioned in the a and (b) of 1 °, as well as the place, day and month of birth.»
"VIII. ― rights of access and rectification residents, provided for in articles 39 and 40 of Act No. 78 - 17 of January 6, 1978 modified relative to computers, files and freedoms, practise with the Director of their fund affiliation. ''
"IX. ― the right to opposition under section 38 of Act No. 78-17 of 6 January 1978 modified relative to computers, files and freedoms does not apply to the processing referred to in article R. 314 - 169 of this code."


Article 2 more on this article...

I. ― to article D. 174 - 2 of the code of social security, after the word: "tables" are inserted the words: "or the monthly data.
II. — after the second paragraph of article D. 174 - 3 of the same code, a paragraph worded as follows is added: «For the residential facilities for elderly dependent persons, package distribution is based on the average of data monthly, in accordance with the provisions of article R. 314 - 169 of the code of social action and families.»
III. ― to article D. 174 - 5 of the code, after the words: "established" shall be inserted the words: ", or monthly data,
IV. — in article R. 174 - 15 of the code, after the words: 'Default' are inserted the words: "and if the information at the disposal of the institution do not identify the resident in the treatment provided for in article R. 314 - 169 of the social action and family code.
V. ― to b of 3 ° of article R. 147 - 10 of the code of social security, the words: ' c of article R. 174 - 15 or the transmission of the table provided for in article D. 174 - 3 "are replaced by the words: ' in article R. 174-15.


Article 3 read more on this article...

This Decree shall enter into force no later than September 1, 2010.


Article 4 more on this article...

The Minister of labour, solidarity and public service and the Minister of health and sports are responsible, each in relation to the implementation of this Decree, which shall be published in the Official Journal of the French Republic.


Done at Paris, June 7, 2010.
François Fillon Prime Minister: the Minister of health and sport Roselyne Bachelot-Narquin Minister of labour, solidarity and public service, Eric Woerth

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