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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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Keywords

HEALTH, CODE FOR SOCIAL ACTION AND FAMILY, PERSONAL ASSESSMENT , ASSESSMENT , ASSESSMENT ,


JORF n°0131 of 9 June 2010 page 10571
text No. 29



Decree No. 2010-621 of 7 June 2010 authorizing the creation of an automated processing of personal data by the CNAMTS regarding residents and medical activity and consumption data of residential facilities for dependent elderly 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


The Prime Minister,
On the report of the Minister of Health and Sports and the Minister of Labour, Solidarity and the Public Service,
Vu le code of social action and familiesincluding articles L. 314-2 and L. 314-8;
Vu le Social Security Codeincluding articles L. 133-4-4 and L. 162-1-14;
Vu la Act No. 78-17 of 6 January 1978 amended on computer science, files and freedoms, including Article 27 I;
Vu the opinion of the National Commission on Informatics and Freedoms of 12 November 2009;
Having regard to the advice of the Board of the National Health Insurance Fund for Employees dated 15 December 2009;
Having regard to the advice of the Board of the Central Fund for Agricultural Social Community dated 17 December 2009;
Considering the referral of the Council of the National Union of Health Insurance Funds dated 1 December 2009;
The State Council (Social Section) heard,
Decrete:

Article 1 Learn more about this article...


Section R. 314-169 of the Social Action and Families Code is replaced by the following:
"Art.R. 314-169.-I. ― To facilitate the execution of provisions of Article L. 133-4-4 of the Social Security Code and the recovery of the indus, the National Health Insurance Fund for Employees implements automated processing of personal, inter-regime data, known as "lists of residents and data relating to medical consumption in residential facilities for dependent elderly people". This treatment is subject to the treatment of residents and the activity of liberal health professionals in residential institutions for dependent elderly persons referred to in 6° I of Article L. 312-1 of this Code and whose fees are set out in Articles R. 314-158 to R. 314-193 of this Code.
“II. ― This treatment is intended to allow:
« 1° Monitoring the medical consumption and activity of liberal health professionals in the establishment;
« 2° Controls relating to billings submitted to the reimbursement of health insurance organizations through the reconciliation of resident data with those relating to city care reimbursements provided to the same persons;
« 3° The distribution of health plan plans.
"III. ― The categories of information recorded in the treatment are:
« 1° With respect to the identification of residents present at the facility:
“(a) The surname and, if applicable, the marital or use name, and the surnames;
“(b) The registration number on the national directory for the identification of the natural persons of the resident and, if applicable, of the eligible insured person;
“(c) The date and place of birth;
"(d) The nature of the accommodation;
“e) The days of presence for the month in question;
« 2° Identification of the establishment and its tariff regime;
« 3° The amount of compensation paid to liberal health professionals and incorporated in the daily rate of care, by occupational category, by distinguishing, for doctors, generalists of other specialties;
« 4° The overall consumption of medicines, on the one hand, and of medical devices, on the other hand, integrated into the daily rate of care.
"IV. ― The information referred to in the III is provided monthly by the director of the institution to health insurance organizations electronically. They are retained for a period of thirty three months by the National Health Insurance Fund for Employees.
"V. ― The National Health Insurance Fund for Employees is empowered, in order to verify and complete the data relating to the affiliation and identification of residents, to access the directory provided for in theArticle L. 161-32 of the Social Security Code.
"VI. ― shall be consigned to all or part of the personal data and information referred to in the III, in order to satisfy the only purposes mentioned in the II, the individually designated and duly authorized agents of the pivotal boxes and affiliates.
« VII. ― The national bodies of the various health insurance plans, the National Solidarity Fund for Autonomy and the regional health agencies designate and empower agents to exploit, for statistical purposes only, the data and information mentioned in the III, with the exception of those mentioned in the a and b of the 1st and the place, day and month of birth.
« VIII. ― Resident access and rectification rights, provided for articles 39 and 40 of Act No. 78-17 of 6 January 1978 Modified on computers, files and freedoms, apply to the director of their affiliate fund.
" IX. ― The right of oppositionArticle 38 of Act No. 78-17 of 6 January 1978 Amended information technology, files and freedoms does not apply to the treatment referred to in section R. 314-169 of this code. »

Article 2 Learn more about this article...


I. ― In article D. 174-2 of the Social Security Code, after the word: "Tables" are inserted the words: "or monthly data".
II. ― After the second paragraph of article D. 174-3 of the same code, it is added a paragraph as follows:
"For dependent elderly accommodation facilities, the distribution of the package is based on the average of the data transmitted monthly, in accordance with the provisions of Article R. 314-169 of the Code of Social Action and Families. »
III. ― In article D. 174-5 of the same code, after the word "established" are inserted the words ", or the monthly data transmitted,".
IV. ― In article R. 174-15 of the same code, after the words: "If not" are inserted the words: "and if the information available to the establishment does not allow to identify the resident in the treatment provided for in article R. 314-169 of the code of social action and families".
V. ― At the b of the 3rd of Article R. 147-10 of the Social Security Code, the words "at the c of Article R. 174-15 or the transmission of the table provided for in Article D. 174-3" are replaced by the words "at R. 174-15".

Article 3 Learn more about this article...


This Order will come into force no later than 1 September 2010.

Article 4 Learn more about this article...


The Minister of Labour, Solidarity and the Public Service and the Minister of Health and Sports are responsible for the execution of this decree, which will be published in the Official Journal of the French Republic.


Done in Paris, June 7, 2010.


François Fillon


By the Prime Minister:


Minister of Health and Sports,

Roselyne Bachelot-Narquin

Minister of Labour, Solidarity

and the Public Service,

Eric Woerth


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