Key Benefits:
Publics concerned: regional health agencies, health institutions and health cooperation groups, hospital information technical agency, public interest group responsible for the development of shared health information systems, Caisse des dépôts et consignations.
Purpose: Operating and using the fund for the modernization of public and private health facilities.
Entry into force: the text comes into force on January 1, 2014, with the exception of sections 9 and 10, which come into force on the day after its publication.
Notice: the decree determines the conditions for the application of theArticle 40 of Act No. 2000-1257 of 23 December 2000 Funding for social security for 2001, which created a fund for the modernization of public and private health facilities. He's abroken. Decree No. 2001-1242 of 21 December 2001 and make the following major changes:
―a provisional report is planned, forwarded to the fund monitoring committee by 15 May, on the use of the fund in the previous year; the final report is forwarded to the fund monitoring committee by 31 July;
- the payment by the fund of grants or advances to health institutions or health cooperation groups is now planned as part of the presentation of the evidence supporting the expenses incurred; derogations from this rule must be the subject of an express decision by the Minister for Health;
― pre-operation studies may be financed by the fund, subject to the effective implementation of the operation;
― as a result of the amendment of section 40 of the Act of 23 December 2000 by the Social Security Financing Act for 2013, the Order provides for the management of the expenses incurred by the public interest group responsible for the development of shared health information systems to pilot or conduct the missions of national magnitude that are delegated to it by the Minister for Health for the benefit of health facilities.
References: This decree is available on the website Légifrance (http://www.legifrance.gouv.fr).
The Prime Minister,
On the report of the Minister of Social Affairs and Health,
Vu le Social Security Code ;
Vu la Act No. 2000-1257 of 23 December 2000 amended to finance social security for 2001, including article 40;
Having regard to the advice of the Board of the National Health Insurance Fund for Employees dated 27 August 2013;
Having regard to the opinion of the Central Fund for Agricultural Social Mutuality of 11 September 2013;
Considering the opinion of the Industrial Accidents and Occupational Diseases Commission of 11 September 2013;
Having regard to the advice of the Council of the National Health Insurance Union dated 2 October 2013;
In light of the opinion of the Supervisory Board of the Caisse des dépôts et consignations dated 2 October 2013,
Decrete:
The burden of participation V of Article 40 of the Act of 23 December 2000 referred to above is distributed annually, in accordance with the provisions of theArticle D. 178-1 of the Social Security Code.
The costs incurred by the Fund of Deposits and Meetings for the Management of the Fund for the Modernization of Public and Private Health Facilities are borne by the Fund under conditions established by a joint decree of the Minister for Health, the Minister for Social Security and the Minister for Budget.
A fund monitoring committee is established. It is responsible for monitoring and monitoring the management of the fund. It may make any proposals relating to resources, expenditures and the management of the fund.
The commission referred to in Article 3 is composed as follows:
― the budgetary controller near the National Health Insurance Fund for Employees or its representative;
a qualified person, chair of the commission, designated by order of the Minister for Health;
– the Director General of Care Offer or his representative;
the director of social security or his representative;
– the director of the National Health Insurance Union or its representative.
The director of the Caisse des dépôts et consignations or his representative attends the meetings of the Board.
The fund monitoring committee meets, at the request of its president, at least once a year. Its summons is in law when requested by the Minister for Health.
The Caisse des dépôts et consignations shall annually transmit to the Supervisory Board a provisional report and a final report on the use of the previous year's Fund. These reports include commitments and monitoring of disbursements.
The provisional report is transmitted by 15 May. The Commission may make comments.
The final report is forwarded to the Commission by 31 July. It is accompanied by a forecast report on the use of the fund over the first six months of the current fiscal year.
The final report and the committee's opinion are given to the ministers responsible for health and social security, who forward them to Parliament before October 1.
Under this heading III of Article 40 of the Act of 23 December 2000 referred to above, may benefit from funding by the fund the investment expenses of health institutions or health cooperation groups related to:
1° Real estate or furniture investments that contribute to the improvement and modernization of health facilities or health cooperation groups;
2° heavy equipment acquisitions;
3° Operations involved in the development of information systems;
4° Operations that contribute to the reorganization of the care supply.
I. ― The expenditures referred to in section 7 are subject to grants or advances issued by the Director of the Regional Health Agency within the limits of the appropriations allocated by the Minister's decision on health. An advent to the multi-year contract of objectives and means mentioned in theArticle L. 6114-1 of the Public Health Code or, in its absence, a contractual undertaking between the regional health agency and the health institution or the health cooperation group shall specify:
1° Information relating to the beneficiary, including its status and, where appropriate, its SIRET number;
2° The nature, object, forecast cost and timing of the completion of the subsidized operation;
3° The maximum amount, rate and method of payment of the grant;
4° If this is an advance, the timeframe and the terms and conditions of its repayment to the fund;
5° The information and supporting documents that the establishment or group discloses to the regional health agency to attest to the completion and cost of the operation.
II. ― The Caisse des dépôts et consignations shall pay to the health institution or to the health cooperation group concerned, at its request, the amount corresponding to the amount of the grant or advance of the fund, under the conditions prescribed by the avenor or the contractual undertaking. Except as expressly derogated from the Minister of Health, the grant shall be paid as the health establishment or health cooperation group submits the following documents justifying expenses incurred:
1° For real estate investment transactions, invoices attesting to the completion of the work, the acquisition of a land or a building or a leave of rent when the health establishment is not the owner of the property;
2° For operations that contribute to the modernization of information systems or to the reorganization of the care supply and to the evaluation of professional practices, the invoices attesting to the completion of the operation;
3° For securities transactions or the acquisition of heavy equipment, evidence of the acquisition of the equipment.
III. ― The Avenor or Contractual Commitment specifies whether the cost of pre-study is included in the total amount of the transaction. This cost may in this case be reimbursed by the Caisse for deposits and consignations upon presentation of an invoice attesting to the completion of the study. The payment of these credits does not suspend the three-year period referred to in IV of Article 40 of the Act of 23 December 2000 referred to above. When the Director of the Regional Health Agency finds that the operation that has been the subject of a subsidized study has not been carried out, he requests the health establishment or health cooperation group to return the total amount paid, under the conditions mentioned in IV.
IV. ― Where the Director of the Regional Health Agency finds that the operation subject to the subsidy is not completed or has been delayed by at least one year from the deadlines set out in the schedule of completion of the operation, he invites the health institution or the health cooperation group concerned, by registered letter with notice of receipt, to indicate to him, within a period that may not be more than one month or the measures that he intends to abandon At the end of this period and taking into account the information provided by the establishment or grouping, the director of the regional health agency decides the total or partial return of the amounts paid or sets a new time limit for the completion of the transaction. In the first case, it shall inform the establishment or group, by registered letter with notice of receipt, of the amounts that it is required to return to the Caisse of deposits and consignations and simultaneously inform the Caisse. In the second case, the schedule of completion of the transaction set in the avender to the multi-year contract of objectives or means or the contractual undertaking is amended to take into account the new deadline and then sent to the Caisse des dépôts et consignations pour information.
V. ― Where the Director of the Regional Health Agency finds that the final cost of the operation is significantly lower than its forecast cost, the Director requests partial restitution of the subsidy paid, by reference to the subsidy rate set in the avenor or contract commitment. It shall inform the establishment or group, by registered letter with notice of receipt, of the amounts that it is required to return to the Caisse of deposits and consignations and shall simultaneously inform the Caisse. At the request of the Director of the Regional Health Agency, the Caisse des dépôts et consignations shall collect such amounts, including, where appropriate, by litigation.
VI. ― Where an advance has been granted to a health care facility or health cooperation group and the advance has not been refunded under the terms and conditions provided by the actor or contract commitment, the director of the regional health agency shall maintain the establishment or group to return the advance to the fund and simultaneously inform the Caisse of deposits and consignations. If, within a period of two months following the stay, the establishment or group has not refunded the advance, the Caisse des dépôts et consignations shall collect, including, where appropriate, by litigation.
Under this heading III ter of section 40 of the above-mentioned Act of 23 December 2000, the fund shall, within the limits of an amount agreed jointly by the Ministers responsible for health, social security and budget, cover the costs incurred by the Technical Hospital Information Agency to implement the missions of expertise entrusted to it.
These costs are reimbursed to the Technical Agency for information on hospitalization on the presentation of evidence of expenditures.
For contracts passed by the agency, a cash advance corresponding to half of the amount of the signed contract may be paid by the Caisse des dépôts et consignations, upon presentation of the contract. Based on all of the expenditures for the year in question, unused amounts are transferred to the fund.
Under this heading III quinquies of section 40 of the above-mentioned Act of 23 December 2000, the fund shall, under the conditions set out in section 9, cover the costs incurred by the public interest group responsible for the development of shared health information systems to pilot or conduct the national missions that are delegated to it by the Minister for Health, for the benefit of health facilities.
Decree No. 2001-1242 of 21 December 2001 on the Fund for the Modernization of Public and Private Health Institutions is repealed.
The provisions of this Order come into force on January 1, 2014, with the exception of articles 9 and 10.
The Minister of Economy and Finance, the Minister of Social Affairs and Health and the Minister Delegate to the Minister of Economy and Finance, responsible for the budget, are responsible, each with regard to it, for the execution of this Order, which will be published in the Official Gazette of the French Republic.
Done on 23 December 2013.
Jean-Marc Ayrault
By the Prime Minister:
Minister of Social Affairs
and Health,
Marisol Touraine
Minister of Economy and Finance,
Pierre Moscovici
Minister Delegate
to the Minister of Economy and Finance,
Budget Officer
Bernard Cazeneuve
