Key Benefits:
Publics concerned: social and mediocial institutions and servicesArticle L. 312-1 of the Code of Social Action and Families.
Subject: content of the file for the renewal of the authorization of a ESSMS and deadlines for the communication of the external assessment report to the competent authorities.
Entry into force: the text comes into force on the day after its publication.
Notice: the renewal of the authorization of social and medico-social institutions and services, which is exclusively subordinate to the results of their external assessment, shall be granted tacitly by the competent authority unless the competent authority directs the institution or service concerned to submit within six months an application for renewal. The decree indicates the documents to be produced on the occasion of this application. It further states that the external evaluation must be communicated no later than one month after the two-year term before the renewal date of the authorization.
References: the decree is taken in application of the articles L. 312-8 and L.313-5 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, Health and Women ' s Rights,
Vu le code of social action and familiesincluding articles L. 312-8 and L. 313-5;
Vu la Act No. 2002-2 of 2 January 2002 renovating social and social action, including article 80;
Considering the opinion of the Social Section of the National Committee of the Health and Social Organization of 10 July 2014;
Considering the advice of the National Standards Assessment Board dated 10 July 2014;
The State Council (Social Section) heard,
Decrete:
After subsection 1 quater of chapter III, section 1, title I, of Book III of the Code of Social Action and Families, is added a sub-section 1 which reads as follows:
"Subsection 1quinquies
"Procedure for renewal of authorization
"Art. R. 313-10-3.-I.-Where the competent authority has directed the establishment or service referred to in section L. 313-5 to apply for renewal, the application shall be communicated by the natural person or legal person of public law or private law manager of the establishment or social or medical-social service to the authority or to each competent authority referred to in section L. 313-3
"II.-This renewal application includes:
« 1° If they have not already been communicated, the results of the external assessment referred to in the third paragraph of section L. 312-8, accompanied, where applicable, by the person responsible for the establishment or service;
« 2° Where applicable, any document attesting to the arrangements made by the establishment or service to satisfy the observations in the injunction referred to in section L. 313-5.
"Art. R. 313-10-4.-The application under section R. 313-10-3 shall be communicated by the establishment or service to the authority or to each of the competent authorities by registered letter with notice of receipt or by any other means to attest to the date of receipt. »
After the first paragraph of article D. 312-205 of the same code, it is inserted a paragraph as follows:
"The external assessment report made pursuant to the preceding paragraph or pursuant to the fifth paragraph of section L. 312-8, if any, accompanied by the observations of the person in charge of the establishment or service, shall be communicated to the competent authorities referred to in section D. 312-200 no later than the thirtieth day after the two-year period preceding the renewal of the authorization. »
The Minister of Social Affairs, Health and Women's Rights is responsible for the execution of this decree, which will be published in the Official Journal of the French Republic.
Done on 14 November 2014.
Manuel Valls
By the Prime Minister:
Minister of Social Affairs, Health and Women ' s Rights,
Marisol Touraine
