Key Benefits:
Publics concerned: residential institutions for dependent elderly people (EHPAD).
Purpose: Costing of care services for dependent older persons.
Entry into force: the text comes into force on the day after its publication.
Notice: the decree specifies the conditions to which the overall rate of care is determined by EHPAD. It conditiones the shift to the overall rate to the availability of credits for the mobilizable regional staffing and to the fulfilment of the objectives of the regional health agency in the quality and efficiency of the health system set out in the regional health project.
References: the decree is taken in application of theArticle L. 314-8 of the Code of Social Action and Families. The provisions of code of social action and families Amended by this decree may be consulted, in their writing resulting from this amendment, 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 code of social action and familiesincluding articles L. 313-12, L. 314-8 and R. 314-167;
Vu le Public Health Code ;
Having regard to the advice of the Board of Directors of the National Health Insurance Fund for Employees dated 18 December 2013;
Having regard to the advice of the Board of Directors of the Central Fund for Agricultural Social Mutuality of 19 December 2013;
Having regard to the advice of the National Health Insurance Union Board of 20 December 2013;
The State Council (Social Section) heard,
Decrete:
Article R. 314-167 of the Code of Social Action and Families is thus amended:
1° In the first paragraph, after the word "opt", the words are inserted: ", subject to the agreement of the Director General of the regional health agency mentioned in the tripartite convention provided for in Article L. 313-12";
2° The fifth preambular paragraph is replaced by the following:
"The agreement provided for in Article L. 313-12, the term of which is five years, and if applicable the contract provided for in Article L. 313-11, mention the tariff option chosen in accordance with the limiting regional allocations provided for in Article L. 314-3, and the regional objectives for the quality and efficiency of the health system set out in the regional health project provided for in Article L. 314-3Article L. 1434-1 of the Public Health Code. In the course of a contract or contract, the tariff option may be changed by becoming subject to the same conditions. » ;
3° The last paragraph is deleted.
The Minister of Social Affairs and Health and the Secretary of State for the Family, Older Persons and Self-Government are responsible, each with respect to it, for the execution of this decree, which will be published in the Official Journal of the French Republic.
Done on 20 June 2014.
Manuel Valls
By the Prime Minister:
Minister of Social Affairs and Health,
Marisol Touraine
The State Secretary for Family, Older and Self-Government,
Laurence Rossignol
