Key Benefits:
Minister of Finance and Public Accounts and Minister of Social Affairs and Health,
Vu le code of social action and familiesincluding articles L. 14-10-1, L. 14-10-5 and L. 14-10-9;
Vu le building and housing codein particular Article L. 633-1;
Vu la Act No. 2007-1786 of 19 December 2007 Social Security Funding for 2008, including Article 69 (I);
Vu la Act No. 2013-1203 of 23 December 2013 the financing of social security for 2014, including its article 61;
Considering the opinion of the National Solidarity Fund for Self-Government of 15 April 2014,
Stop:
Real estate investment operations related to the creation of places, the implementation of technical and security standards and the modernization of the premises of the establishments and services mentioned in theArticle L. 314-3-1 of the Code of Social Action and Families, shall be financed under the provisions of articles 2 to 4 of this Decree.
Investment assistance is intended to support investment operations aimed at:
- to continue the implementation of the quantitative and qualitative objectives of the national plans aimed at modernizing and adapting the supply of facilities and services to the elderly and persons with disabilities;
- continue the modernization of the most inappropriate structures, in connection with optimization of the financial impact for users and health insurance;
- support operations for the transformation of the supply in a comprehensive manner (transformation of medical-social capacities or health capacities into medical-social structures in accordance with the recommendations of the general inspection of social affairs).
Receiving real estate investment operations must be carried out in the service of modernization, development, transformation of the aforementioned establishments 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 that provide answers to the goal of maintaining the autonomy of the welcomed people.
They contribute in particular to the implementation of the quantitative and qualitative objectives of national plans aimed at the modernization and development of the provision of facilities and services to the elderly and persons with disabilities.
As such:
I. - Are eligible for the investment assistance plan:
- work on existing premises, for the only authorized capacity authorized for social assistance, be carried out by restructuring or reconstruction of new premises;
- work on the creation of new places or the extension of authorized and authorized capacity for social assistance;
- pre-requisite feasibility studies that would be required to design investment operations, particularly in complex restructuring operations that are part of a quality approach.
For 2014, and on an experimental basis, investment operations based on a sale in the state of future completion continue to be eligible for the investment assistance plan.
II. - are not eligible for the investment assistance plan:
- the land and real estate acquisition costs;
- 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;
- ongoing operations and those for which an order of service for the work was issued prior to the attributive grant decision. Exception may be made, only for the technical and security standards and modernization of existing premises, by express derogation from the Director General of the regional health agency for reasons that are consistent with the institution's mission or the specific technical constraints of carrying out the operation. The pre-feasibility studies referred to in the third 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 facilities for dependent elderly people as well as day and temporary accommodation and feasibility studies, operations with a total cost of work, all expenses combined, less than 400,000 euros;
- for the realization of appropriate activity and care centers for Alzheimer's patients in residential institutions for dependent elderly people as well as daytime receptions, temporary accommodations and feasibility studies, operations with a total cost of work, all expenses combined, less than 40,000 euros;
- on the area of the elderly, 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.
In 2014, the financial 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 financing for 2008 is as follows:
- the credits necessary for the realization of the investment transactions financed under the State-Région plan contract, provided in the accounts of the National Solidarity Fund for Self-Government;
- credits that can be used to finance real estate investment transactions in accordance withArticle L. 14-10-9 of the Code of Social Action and Families which are set at 91 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 and to 36 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 above amounts are incurable in 2014 and will be paid to the budget of regional health agencies in accordance with theArticle L. 14-10-9 of the Code of Social Action and Familiesaccording to the following column:
5% in 2014;
15% in 2015;
30% in 2016;
50% in 2017.
Investment aids are committed by regional health agencies to the amounts notified by the National Solidarity Fund for Self-Government.
I. - Each investment assistance is unique, unreasonable, unreasonable, except on express derogation from the Director General of the Regional Health Agency for reasons that are subject to specific and unpredictable technical constraints in the conduct of the operation, and the amount of which is calculated, from the cost of work eligible in accordance with the provisions provided for in Article 2 of this Order, all expenses, in the end-of-work value. 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. - Assistance to the investment presents an accounting transferable character to allow the mitigation of the incremental costs (financial expenses and depreciation) associated with the investment transaction, to the amount of the aid.
III. - In cases where the manager's legal entity is not the owner of the investment transaction, the file submitted includes the undertaking of the owner, within the framework of the lease linking the manager, to make a difference in the amount of investment assistance paid by the residents.
I. - The technical and financial instruction for requests for assistance in the investment of the institutions referred to in section 1 deposited with the regional implementing health agency is carried out by the services of the regional health agency.
II. - Training of aid application files is carried out on the basis of the multi-year investment programmeArticle R. 314-20 of the Code of Social Action and Families and the provisions set out in II, III, and IV of Article R. 314-48 of the same Code.
III. - For each operation involved in the areas of shared jurisdiction between the regional health agency and the department, the Director General of the regional health agency collects the opinion of the President of the General Council and informs the sponsors of the follow-up to their requests.
IV. - On the basis of a comprehensive analysis of the modernization and development needs of the institutions referred to in section 1 in the region, consistent with the interdepartmental disability support program and loss of autonomy, an assessment of the funding capacities of the managers and the impact of the investment on the operating budget, the Director General of the regional health agency has established a regional programming of assistance to the said rules of investment This regional programming is based on the list of selected transactions, specifying the level of subsidy per transaction and the amount of assistance incurred.
The Director General of the Regional Health Agency, in the development of this list, ensures:
- to guarantee the limitation of the impact of investment operations on the operating budget of institutions and services;
- avoid the dispersal of financing on transactions that may be eligible to be eligible in order to guarantee a genuine leverage of investment assistance in real estate projects;
- ensure the coordination of the regional investment assistance programme presented to the National Solidarity Fund for Autonomy 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.
The Director General of the Regional Health Agency shall notify the holders of selected projects of the amount of assistance awarded.
V. - Within three months of receiving the notification from the director of the regional health agency, the owners of the institutions concerned undertake to deposit with the regional health agency the final funding plan for the operation, the planned schedule of work and the draft convention linking it to the regional health agency for the benefit of investment assistance.
VI. - 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 V convention.
VII. - Investment assistance is paid by the regional health agency to the contractor in three payments:
30% upon receipt of the legal act involving the work or studies and the IBAN and the original BIC of the master of work;
40% upon receipt 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% upon receipt of the final certificate of completion of work and the summary of the invoices paid for the total cost of the work, subject to the master of work and certified by the owner and the accountant.
VII bis. - For operations on sale in the future state of completion (VEFA), investment assistance is paid, by the regional health agency, to the institution's manager legal entity, or to the organization making the acquisition in order to secure the lease to the manager, in three payments:
30% upon receipt of the legal act involving the work, referred to by the master of work and certified by the purchaser;
40% upon receipt of the completed invoices summarizing 70% of the total cost of acquisition of premises in future completion condition, subject to by the master of work and certified by the purchaser;
30% upon completion of the work, upon presentation of the minutes of handover of the keys and the consolidated invoices corresponding to the total cost of acquisition of the premises sold in future completion, referred to by the master of work and certified by the purchaser.
VIII. - When, at the completion of the work, the subsidized expenditure is less than the estimated final value at the beginning of the transaction, a systematic decrease in the amount of investment assistance is made in relation to the initial aid rate.
IX. - For the purposes of the provisions set out in I to VIII, are defined by means of technical instruction of the National Solidarity Fund for Self-Government:
- implementation priorities for the fiscal year;
- envelopes of regional commitment authorizations;
- a list of documents to be provided by institutions receiving investment assistance.
In 2014, in addition to the credits required to carry out the investment transactions financed under the State-Region plan contract, provided in the accounts of the National Solidarity Fund for Autonomy, the credits that can be used to finance real estate investment transactions in accordance with theArticle L. 14-10-9 of the Code of Social Action and Families to:
1° 91 million euros for the sub-section of the accounts of the National Solidarity Fund for the autonomy referred to in the V of Article L. 14-10-5 of the same code;
2° 36 million euros for the sub-section of the accounts of the National Solidarity Fund for the autonomy referred to in the V of 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 24 June 2014.
Minister of Social Affairs and Health,
For the Minister and by delegation:
The Director General of Social Cohesion,
S. Fourcade
Minister of Finance and Public Accounts,
For the Minister and by delegation:
The Director of Social Security,
T. Fatome
