Order Of June 24, 2014 Fixing For 2014 The Use Conditions 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 24 juin 2014 fixant pour 2014 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 ° 0152 3 July 2014 page 10985 text no. 33 order of June 24, 2014 fixing for 2014 the use conditions 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: AFSA1415190A ELI: https://www.legifrance.gouv.fr/eli/arrete/2014/6/24/AFSA1415190A/jo/texte the Minister of finance and public accounts and the Minister of Social Affairs and health 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;
Having regard to the code of construction and housing, including section L. 633 - 1;
Pursuant to law n ° 2007 - 1786 19 December 2007 funding of social security for 2008, notably section 69 (I);
Pursuant to law n ° 2013 - 1203 December 23, 2013, financing of social security for 2014, including article 61;
Having regard to the opinion of the National Fund of solidarity for the autonomy of April 15, 2014, stop: Article 1 more on this article...

Real estate investment operations on the creation of spaces, setting technical standards and safety and modernization of local institutions and services referred to in article 314-3-1 of the code of social action and families, funded in accordance with the provisions laid down in articles 2 to 4 of the present order.
The investment aid is intended to support investment operations to:-pursue the implementation of the quantitative and qualitative objectives of national plans aimed at the modernization and adaptation of the offer of establishments and services to elderly persons in loss of autonomy and of persons with disabilities;
-pursue the modernisation of the most inadequate structures, in connection with optimization of the financial impact to users and health insurance;
-support the processing operations of the overall offer (transformation of medico-social capacity or health abilities in medico-social structures in accordance with the recommendations of the General Inspectorate of Social Affairs).


Article 2 more on this article...

Successful real estate investment operations must be carried out to the modernization, development, the transformation of institutions and above 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 objective of maintaining the autonomy of the hosted people.
They contribute to the implementation of the quantitative and qualitative objectives of national plans aimed at modernization and development of the institutions and services destined for elderly persons in loss of autonomy and of persons with disabilities.
Accordingly: i. - are eligible for investment aid plan:-work on existing facilities for only authorized capacity entitled to social assistance, that this work be carried out by restructuring or reconstruction of new premises;
-the work on the creation of new or the extension of capacity authorized and entitled to social assistance;
-feasibility studies prior which would be needed for the design of 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 investment aid plan.
II. - Are not eligible for investment aid plan:-land and property acquisition costs;
-the work of servicing obligations to the owner or the Manager;
-updates to the technical standards and safety not resulting from legal requirements or is not embedded in a global project to improve the quality of life of people with;
-equipment hardware and household goods;
-operations underway and those for which an order of works was issued before the jurisdictional grant decision. Exception can be made, only for setting the technical standards and safety and modernization of existing facilities, operations by express derogation from the Director general of the regional health agency on grounds relating 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 third paragraph I of this article do not constitute a beginning of the transactions resulting from these studies;
-without exception, including for the creation of poles of activities and care adapted for Alzheimer's patients in the residential facilities for elderly dependent as well as receptions of day and temporary accommodation and feasibility studies, operations with a total cost of the work, all combined expenses, less than EUR 400 000.
-for the creation of poles of activities and care suitable for patients with Alzheimer's disease in the residential facilities for elderly dependent as well as receptions of day, temporary accommodation and feasibility studies, operations with a total cost of the work, all combined expenses, less than 40,000 euros;
-in the area of seniors, transactions in services and institutions whose capabilities are not entitled to social assistance, with the exception of receptions and day the poles of activities and care adapted.


Article 3 read more on this article...

In 2014, the financial assistance given 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 for 2008 breaks down as follows:-the appropriations needed for the realization of investment operations financed under the plan contract State-Region, accrued in the accounts of the National Fund of solidarity for autonomy;
-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 which are fixed at EUR 91 million 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 and 36 million euros to the subsection of the accounts of the National Fund of solidarity for autonomy referred to the b of V of article 14-10-5 of the code.
The above amounts are committable in 2014 and will be paid to the budget of the regional health agencies in accordance with article 14-10-9 of the code of social action and families, according to the following Chronicle: 5% in 2014.
15% in 2015;
30% by 2016;
50% in 2017.


Article 4 more on this article...

Aid to investment are incurred by the regional health agencies to amount of the amounts notified by the National Fund of solidarity for autonomy.
I. - Each investment aid is unique, non-extendable, non reevaluable, except on express derogation of the Director-general of the regional agency of health for reasons specific to technical constraints peculiar and unpredictable implementation of the operation and the amount is calculated, the cost of the eligible in accordance with the provisions laid down in article 2 of this order all combined spending, end value 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. - The investment aid presents giving 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 cases where the Manager legal person is not the owner of the investment business, this folder has the commitment of the contracting authority, in the context of the lease binding it to the Manager, to pass in mitigation royalties / lease rentals paid by residents, the amount of the investment aid.


Article 5 read more on this article...

I. - Education technical and financial applications for investment aid of establishments referred to in article 1, filed with the regional agency of health of implantation is performed by the regional health agency services.
II. - The statement of the aid application files is carried out 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 of II, III, and IV of article r.. 314-48 of the code.
III. - For each operation intervening on areas of competence shared 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 shall inform the promoters of the action taken on their applications.

IV. - On the basis of a comprehensive analysis of the needs of modernisation and development of the institutions referred to in article 1 in the region, consistent with the interdepartmental program of accompanying disability and loss of independence, an assessment of the financing capacities of managers and the impact of the investment on the operating budget, Executive Director of the regional agency of health stops regional programming of investment aid complies with the eligibility rules set out in articles 1 and 2 of this order. This regional programming is based on the list of operations stating the level of eligible expenditure per operation and the amount of the committed aid.
Executive Director of the regional health agency, in the preparation of this list, shall:-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 in order to ensure a genuine leverage effect of the investment aid in the realization of real estate projects;
-to 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.
The Director general of the regional health agency shall notify holders of selected projects the amount of allocated assistance.
V. - Within the period of three months from the receipt of the notification of the Director of the regional health agency, the owners of the establishments concerned undertake to file with the regional health agency final funding of the operation, the provisional schedule of work and the draft convention linking it to the regional health agency for the benefit of the investment aid.
VI. - Within the period of six months from the notification, followed by six-month period, the institutions concerned undertake to inform the regional health agency of the progress of the operation with regard to the forecast schedule in the convention provided by V. VII. -The investment aid is paid by the regional health agency to the maître d'ouvrage in three instalments: 30% upon receipt of the legal act committing the work or studies and the IBAN and the original BIC of the contracting authority;
40% upon receipt 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 receipt of the final certificate of end of work and the summary of the receipted invoices corresponding to the total cost of the work covered by the supervisor and certified by the contracting authority and the accounting officer.
VIIa. -For operations for sale in the future state of completion (VEFA), the investment aid is paid by the regional health agency, the Manager of the institution legal person, or the organization conducting the acquisition to ensure the rental to the Manager, in three instalments: 30% on receipt of the legal act committing the work covered by the supervisor and certified by the purchaser;
40% upon receipt of the summary of the invoices paid corresponding to 70% of the total cost of acquisition of the premises for sale in the future state of completion, covered by the supervisor and certified by the purchaser;
30% upon completion of the work, on presentation of the delivery of the keys and the summary minutes of the receipted invoices corresponding to the total cost of acquisition of the premises sold in future state of completion, referred by the supervisor and certified by the buyer.
VIII. - When, upon completion of the work, the eligible expenditure is less than the amount in final value estimated at the beginning of operation, it is conducted a systematic decrease of the amount of the investment aid under the selected initially aid rate.
IX. - For the purposes of the provisions of the I-VIII, ' are defined by way of technical instruction of the National Fund of solidarity for autonomy:-priorities for implementation in the financial year;
-regional commitment authorization envelopes;
-the list of the documents to be provided by the recipient institutions of the investment aid.


Article 6 read more on this article...

In 2014, in addition to the appropriations needed for the realization of investment operations financed under the plan contract state-region, accrued in the accounts of the National Fund of solidarity for autonomy, 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 set to: 1 ° 91 million euros for the subsection of the accounts of the Caisse nationale of solidarity for autonomy referred to the has v of section 14-10-5 of the code;
2 ° EUR 36 million for the subsection of the accounts of the National Fund of solidarity for autonomy referred to the b of V of section 14-10-5 of the same code.


Article 7 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.


Made June 24, 2014.
The Minister of Social Affairs and health, to the Minister and by delegation: the Director General of social cohesion, S. Fourcade, the Minister of finance and public accounts, for the Minister and by delegation: the Director of social security, T. Fatome

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