Order Of May 27, 2010 Fixing For 2010 The Terms Of Use And The Amount Of The Appropriations For The Financing Of Real Estate Investments Provided For In Article L. 14-10-9 Of The Code Of Social Action And Families

Original Language Title: Arrêté du 27 mai 2010 fixant pour 2010 les conditions d'utilisation et le montant des crédits pour le financement d'opérations d'investissement immobilier prévu à l'article L. 14-10-9 du code de l'action sociale et des familles

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JORF n ° 0139 June 18, 2010 page 11090 text no. 17 Decree of 27 May 2010 fixing for 2010 the terms of use and the amount of the appropriations for the financing of real estate investment operations provided for in article L. 14-10-9 of the code of social action and families NOR: MTSA1011612A ELI: https://www.legifrance.gouv.fr/eli/arrete/2010/5/27/MTSA1011612A/jo/texte the Minister of labour solidarity and public service and Minister of budget, public accounts and the reform of the State, having regard to the code of social action and families, particular articles L. 14-10-1, l 14-10-5 and L. 14-10-9;
Pursuant to law n ° 2007 - 1786 19 December 2007 funding of social security for 2008, including article 69-I.
Having regard to the order of 22 October 2003 fixing the models of documents referred to in articles R. 314 - 10, R. 314 - 13, R. 314 - 17, R. 314 - 20, R. 314 - 48 and R. 314 - 82 of the social action and family code;
Considering the Decree of 12 November 2008 concerning the budget instructions and applicable to establishments and private services social and medico-social accounting under article R. 314 - 1 of the code of social action and families as well as managerial foundations and associations under article R. 314 - 81 of the code;
Having regard to the order of May 17, 2010 laying down the amount of carry-overs of appropriations allocated to other sections, provided for in article L-14-10-5 of the code of social action and families;
Having regard to the opinion of the National Fund of solidarity for autonomy on March 30, 2010, stop: Article 1 more on this article...

Real estate investment on the creation of spaces, setting technical standards and safety and modernization of local institutions and services mentioned in article 314-3-1 of the code of social action and families, those of establishments covered jointly by 6 of the I of article L. 312 - 1 of that code and article L. 633 - 1 of the code of construction and housing , as well as health facilities authorized to provide the long-term care who signed the multiannual agreement provided for in article L. 313 - 12 of the code of social action and families are funded in accordance with the provisions laid down in articles 2 to 4 of this order.


Article 2 more on this article...

Real estate investment operations must be in service of modernization, development, the transformation of institutions and services regardless of their type of home (permanent or sequential), and their adaptation to the changing needs of the hosted people. They must lead to achieve institutions with architectural quality provides a comfort of use of living spaces and facilities providing answers to the autonomy of the hosted people.
They contribute to implementing the objectives quantitative and qualitative national plans aimed to the modernisation and the development of institutions and services to elderly persons in loss of autonomy and of persons with disabilities, and in particular Plan Alzheimer's and related diseases 2008-2012.
Accordingly: i. - are eligible for investment aid plan: ― work on existing space for the installed capacity entitled to social assistance in December 31, 2009, this work be conducted by restructuring or rebuilding of new premises, inter alia, for the latter case, when the cost of restructuring of the former reaches 70% of the cost of nine mount , according to the priorities laid down in article 4;
― work on the creation of new or the extension of capacity authorized and entitled to social assistance;
― prior feasibility studies that would be needed in the design of investment operations, particularly in complex restructuring operations that are part of a quality approach.
The condition for entitlement to social assistance referred to in the first and second paragraphs of this article I does not apply to the capacity dedicated to social and therapeutic activities organized the day that they should appeal to an external recruitment (day care) or whether they relate to the residents of the establishments concerned (pole of activities and care).
II. - Are not eligible for investment aid plan: ― the costs of acquiring land and property;
― common maintenance obligations to the owner or Manager.
― updates technical standards and security not resulting from legal requirements or is not embedded in a global project to improve the quality of life of persons with;
― equipment hardware and household goods;
― operations underway and those for which an administrative order was issued before the jurisdictional grant decision, except by express derogation of the Director of the National Fund of solidarity for autonomy, report of the Director-general of the regional agency of health grounds bearing to the continuity of the mission of the institution or the specific technical constraints of the operation. The prior feasibility studies referred to in the fourth paragraph I of this article do not constitute a beginning of the transactions resulting from these studies;
― except exception, operations with a total cost, all expenses combined, less than EUR 400 000;
― on the sector of elderly, transactions in services and institutions whose capabilities are not entitled to social assistance.


Article 3 read more on this article...

I. — in 2010, the contribution made by the National Fund of solidarity for autonomy in the pursuant of article 69 of law No. 2007 - 1786 19 December 2007 funding of social security to 2008 is investment aid in the unique, non-extendable, non-reevaluable, except on express derogation of the Director of the National Fund of solidarity for autonomy on report of the Director-general of the regional agency of health for reasons specific to technical constraints Special and unpredictable implementation of the operation and the amount of which is calculated from the cost of eligible work in accordance with the provisions laid down in article 2, all combined expenses, value end of work. Eligible expenditure may include related expenses contributing directly to the achievement of the work, including the intellectual services necessary for the design and monitoring of the implementation of the project.
II. — in reference to the budget and accounting statement applicable to social and medico-social institutions, the assistance of the National Fund of solidarity for autonomy has a transferability to permit mitigation of additional (financial charges and depreciation) costs linked to the investment operation, to due the amount of aid.
III. — in the case where the entity manager is not owner premises, this folder has the commitment of the contracting authority, in the context of the lease binding it to the Manager, to pass in mitigation of charges and rents paid by residents the amount of the investment aid.


Article 4 more on this article...

I. - Education technical and financial applications for investment aid of establishments referred to in article 1, filed with the ARS of implantation, is carried out by the services of the ARS.
II. - The processing of application for assistance is made in the light of the multiannual programme of planned investment in article R. 314 - 20 of the code of social action and families and the provisions laid down in article r. III. 314-48 of the code.
III. - For each operation intervening on areas of shared competence between the ARS and the Department, the Director-general of the ARS collects the opinion of the president of the general Council, before transmission to the CNSA and informs proponents of the action taken on their applications.
IV. — on the basis of a comprehensive analysis of the needs of modernisation and development of the plants referred to in article 1 in the region, consistent with the interdepartmental program of accompaniment of disabilities and loss of autonomy and an assessment of the financing capacities of managers and the impact of the investment on the operating budget, the Director general of the ARS forwards to the Director of the National Fund of solidarity for autonomy its proposal for a regional programme of investment aid. This proposal for regional programming, together with its technical and financial advice and a note specifying the prioritization criteria, is accompanied by a list of transactions arranged in order of priority and specifying the level of eligible expenditure per operation.
The Director general of the ARS, in the development of this prioritized list of regional operations, ensure: ― ensure the limitation of the impact of investment on the operating budget of the institutions and services;
— avoid the dispersion of funds on operations likely to be eligible;
― ensure the coordination of the regional programme of investment aid submitted to the National Fund of solidarity for autonomy with the settings of the State appropriations (PLS...) and those of other funders, in order to facilitate the financial table towers of owners.

V. — on the basis of the programming proposals by region, the Director of the National Fund of solidarity for autonomy, after control for consistency and compliance with the eligibility rules set out in articles 1 and 2 and the priorities set out in the technical training of the National Fund of solidarity for autonomy, distributes the regional aid packages to the investment corresponding to a list of operations.
On receipt of this notification, the Director general of the ARS inform holders of selected projects.
VI. - Within the period of three months from the receipt of the notification of the Director of the Caisse nationale of solidarity for autonomy, the establishments concerned undertake to file with regional health final operation funding agency, the planned work schedule and the draft convention linking it to the Director of the National Fund of solidarity for autonomy for the benefit of the investment aid.
VII. - Within the period of six months from the notification, followed by six-month period, the institutions concerned shall undertake to inform the regional health agency of the progress of the operation with regard to the forecast schedule in the convention laid down in the VI.
VIII. - On the certificate of the regional health agency, the investment aid is paid Manager preferred or the contracting authority in three instalments: 30% on receipt of the legal act committing the work;
40% upon presentation of the summary of the invoices paid corresponding to 50% of the total cost of the work covered by the supervisor and certified by the contracting authority and the accounting officer;
30% upon completion of the work and the receipt of the final certificate of completion document and: ― the final statement (public institutions);
the summary of receipted invoices — corresponding to the total cost of the work covered by the supervisor and certified by the contracting authority and the accountant (private institutions).
IX. - When the eligible expenditure turns out to be more than 5% below the cost of estimated final value at the beginning of operation, was taken to a decrease of the amount of the investment aid under the selected initially aid rate. If this decrease is less than 5%, the amount of aid is maintained in accordance with the amount recorded in the convention referred to the VI, with an increase in the rate of final assistance.
X. - For the purposes of the provisions of the I to IX, ' are defined by way of technical instruction of the National Fund of solidarity for autonomy: ― the priorities of execution in respect of the financial year;
— list of documents to be provided by the authority responsible for the processing to the National Fund of solidarity for autonomy as well as the deadlines for transmission of these documents;
— list of documents to be provided by the recipient institutions of the investment aid.


Article 5 read more on this article...

In 2010, in addition to the requirements for the implementation of operations financed under the contract of projects state-region, accrued in the accounts of the CNSA, credits that can be used to fund operations of real estate investment in accordance with article 14-10-9 of the code of social action and families are attached to: i.-121 million euros for the subsection of the accounts of the Caisse nationale of solidarity for autonomy referred to the a v of article L. 14-10-5 of the code, which at least 42 million euros can be devoted to the financing of operations of investment relating to the creation of poles of activities and care for patients with Alzheimer's disease in the residential facilities for elderly dependent.
II. - EUR 30 million to the subsection of the accounts of the National Fund of solidarity for autonomy referred to the b of V of article L. 14-10-5 of the same code.


Article 6 read more on this article...

The Director general of social cohesion and the Director of social security are responsible, each in relation to the execution of this order, which will be published in the Official Journal of the French Republic.


Done at Paris, on May 27, 2010.
The Minister of labour, of solidarity and of the public service, for the Minister and by delegation: the Director general of social cohesion, F. Heyries the Minister of budget, public accounts and the reform of the State, for the Minister and by delegation: the Director of social security, D. Rob

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