Key Benefits:
Minister of Budget, Public Accounts, Public Service and State Reform, Government Spokesperson, and Minister of Solidarity and Social Cohesion,
Considering the code of social action and families, including articles L. 14-10-1, L. 14-10-5 and L. 14-10-9;
Vu la Act No. 2007-1786 of 19 December 2007 Social Security Funding for 2008, including Article 69 (I);
Vu la Act No. 2011-1906 of 21 December 2011 Social Security Funding for 2012, including Article 72;
In view of the decision of 22 October 2003, setting out the models of documents provided for in articles R. 314-10, R. 314-13, R. 314-17, R. 314-20, R. 314-48 and R. 314-82 of the Code of Social Action and Families;
Having regard to the Order of November 12, 2008 on budgetary and accounting instructions for social and medico-social private institutions and services under section R. 314-1 of the Code of Social Action and Families, as well as to management associations and foundations under section R. 314-81 of the same Code;
Considering the opinion of the National Solidarity Fund for Self-Government of 14 February and 17 April 2012,
Stop:
The real estate investment transactions relating to the creation of places, the establishment of technical and security standards and the modernization of the premises of the establishments and services referred to in Article L. 314-3-1 of the code of social action and of the families, of those of the establishments jointly under the 6th of the I of Article L. 312-1 of the said code and Article L. 633-1 of the code of construction and housing authorized as well as of the institutions
Real estate investment operations must be at the service of modernization, development, transformation of the aforementioned institutions and services regardless of their type of reception (permanent or sequential), and their adaptation to the changing needs of the hosts. They must lead to establishments whose architectural quality provides comfort in the use of living spaces and equipment providing answers to the autonomy of the welcomed people.
They contribute in particular to the implementation of the quantitative and qualitative objectives of national plans aimed at modernizing and developing the supply of facilities and services to the elderly and persons with disabilities, in particular the Alzheimer plan and related diseases 2008-2012.
As such:
I. - Are eligible for the investment assistance plan:
- the work on existing premises for the installed capacity authorized for social assistance as at 31 December 2011, whether this work is carried out by restructuring or rebuilding new premises, in particular, for the latter case, when the cost of restructuring the former reaches 70% of the cost of the new building, according to the priorities set out in Article 4;
― work on creating new places or expanding authorized and authorized capacity for social assistance;
– pre-requisite feasibility studies that would be required for the design of investment operations, particularly in complex restructuring operations that are part of a quality approach.
II. ― are not eligible for the Investment Assistance Plan:
- the costs of land and real estate acquisition;
― the current maintenance work involving the owner or manager;
― the technical and safety standards that do not result from legal requirements or are not included in a comprehensive project to improve the quality of life of accompanied persons;
equipment and furniture;
- the operations under way and those for which an order of service for the work was issued prior to the attributeive decision of the grant, except by express derogation from the director of the National Fund of Solidarity for Self-Government, on the report of the Director General of the Regional Health Agency for reasons relating to the continuity of the institution's mission or to the specific technical constraints of carrying out the operation. The pre-feasibility studies referred to in the fourth paragraph of I of this article are not a start to carry out the following studies;
― except for, in particular, for the realization of appropriate activity and care centres for Alzheimer's patients in residential institutions for dependent elderly people as well as day and temporary accommodation and feasibility studies, operations with a total cost, all expenses combined, less than 400,000 euros;
― for the realization of appropriate activity and care centres for Alzheimer's patients in residential facilities for dependent elderly people as well as daytime receptions, temporary accommodations and feasibility studies, operations with a total cost, all expenses combined, less than 40,000 euros;
―on the elderly sector, operations carried out in institutions and services whose capacities are not empowered to social assistance, with the exception of day-to-day receptions and centres of suitable activities and care;
– real estate investment transactions carried out as part of a sale in the future state of completion (VEFA).
I. - In 2012, the competition brought by the National Solidarity Fund for Self-Government pursuant to I of Article 69 of Law No. 2007-1786 of 19 December 2007 Social Security Funding for 2008 is a single, unreasonable, unreasonable investment assistance, except on express derogation from the Director of the National Solidarity Fund for Self-Government over the report of the Director General of the Regional Health Agency on the basis of specific and unforeseeable technical constraints of carrying out the operation, and the amount of which is calculated, from the cost of work eligible to the provisions The subsidized expenditure may include related expenses that directly contribute to the completion of the work, including the intellectual benefits required for the design and monitoring of the project.
II. ― In reference to the budgetary and accounting instruction applicable to social and mediocial institutions, the assistance of the National Self-Government Solidarity Fund is transferable in order to allow the overcost (financial and depreciation) associated with the investment transaction to be mitigated by the amount of assistance.
III. - In cases where the managerial corporation is not the owner of the premises, the file submitted includes the undertaking of the owner, as part of the lease linking it to the manager, to effect in mitigation of royalties and rents paid by the residents the amount of the investment assistance.
I. - The technical and financial instruction for requests for assistance in the investment of the establishments referred to in section 1 filed with the SRA is carried out by the SRA services.
II. - Instruction of applications for competition is carried out on the basis of the multi-year investment programme provided for in Article R. 314-20 of the Social Action and Families Code and the provisions provided for in Article III R. 314-48 of the same Code.
III. - For each operation involved in the areas of shared jurisdiction between the SRA and the department, the Director General of the SRA collects the opinion of the President of the General Council, before forwarding to the NSA, and informs the proponents of the follow-up to their requests.
IV. - On the basis of a comprehensive analysis of the needs for the modernization and development of the institutions referred to in Article 1 in the region, consistent with the interdepartmental disability support program and loss of autonomy and an assessment of the funding capacities of the managers and the impact of the investment on the operating budget, the Director General of the ARS transmits to the Director of the National Fund for Solidarity for Self-Government its proposal This regional programming proposal, together with its technical and financial advice and a note specifying the prioritization criteria, is accompanied by a list of transactions ranked by priority order and specifying the level of the subsidized expenditure per operation.
The Director General of the SRA, in the development of this prioritized list of regional operations, ensures:
― ensuring the limitation of the impact of investment operations on the operating budget of institutions and services;
avoiding the dispersal of funding on transactions that may be eligible;
― ensuring the coordination of the regional investment assistance programme presented to the National Solidarity Fund for Self-Government with the programming of the state credits (PLS...) and those of the other financiers, in order to facilitate the financial table towers of the owners.
V. - On the basis of the regional programming proposals, the Director of the National Solidarity Fund for Self-Government, after monitoring consistency and compliance with the eligibility rules set out in sections 1 and 2 and the priorities set out in the technical instruction of the National Solidarity Fund for Self-Government, distributes the regional investment aid envelopes corresponding to a list of operations.
Upon receipt of this notification, the Director General of the ARS shall inform the holders of selected projects.
VI. - Within three months of receiving the notification from the director of the National Solidarity Fund for Autonomy, the institutions concerned undertake to deposit with the regional health agency the final financing plan for the operation, the anticipated work schedule and the draft convention linking it to the director of the National Solidarity Fund for Self-Government for the benefit of investment assistance.
VII. - Within six months of the notification, and then by half-monthly period, the institutions concerned undertake to inform the Regional Health Agency of the progress of the operation in relation to the forecast schedule established in the VI convention.
VIII. - Upon certification from the Regional Health Agency, investment assistance is paid to the managerial institution or to the contractor in three payments:
30% upon receipt of the order of service which constitutes the legal act involving work or studies;
40% on presentation of the completed invoices for 50% of the total cost of the work, which is covered by the master of work and certified by the owner and the accountant;
30% at the completion of the work and the receipt of the final certificate document for completion of the work and the final account (public institutions) of the consolidated invoices for the total cost of the work, subject to the master of work and certified by the owner and the accountant (private establishments).
IX. - When the completion of the work is completed, the subsidized expenditure is less than the estimated final value cost at the beginning of the transaction, a systematic decrease in the amount of investment assistance is made in relation to the initial aid rate.
X. - For the purposes of the provisions set out in I to IX, the National Solidarity Fund for Self-Government is defined by means of technical instruction:
– the implementation priorities for the fiscal year;
- the list of documents to be provided by the authority responsible for the investigation of the files to the National Solidarity Fund for Self-Government and the deadlines for the transmission of these documents;
– the list of documents to be provided by institutions receiving investment assistance.
In 2012, in addition to the credits required to carry out the investment transactions financed under the state-region plan contract, which are provided in the accounts of the CNSA, the credits that can be used for the financing of real estate investment transactions in accordance with Article L. 14-10-9 of the code of social action and families are fixed to:
I. - €45 million for the sub-section of the accounts of the National Solidarity Fund for Self-Government referred to in Article L. 14-10-5 of the same code, of which €20 million is strictly reserved for financing investment operations related to the creation of activity and care centres suitable for Alzheimer's patients in residential institutions for dependent elderly people.
II. - 25 million euros for the sub-section of the accounts of the National Solidarity Fund for self-government referred to in Article L. 14-10-5 of the same code.
The Director General of Social Cohesion and the Director of Social Security are responsible for the execution of this Order, which will be published in the Official Journal of the French Republic.
Done on 4 May 2012.
Minister of Solidarity
and social cohesion,
For the Minister and by delegation:
Preventing the Director General
of social cohesion:
The chief of service,
V. Magnat
Minister of Budget, Public Accounts
and state reform,
Government spokesperson,
For the Minister and by delegation:
The Director of Social Security,
T. Fatome
