Key Benefits:
Public concerned: health centres, regional health agencies.
Subject: procedure for the total or partial suspension of the activity of the health centre in the event of failure to compromise the quality and safety of care.
Entry into force: the text comes into force on the day after its publication.
Notice: This Order sets out the measures that may be taken by the Director General of the Regional Health Agency against health centres, when he finds in these centres the existence of deficiencies that endanger the quality or safety of care. These measures, based on the severity of the risk and the measures taken by the health centre's head to end the deficiencies identified, include the total or partial suspension of the centre's activity.
References: this decree is taken for the application of theArticle 15 of Act No. 2011-940 of 10 August 2011 amending certain provisions of Act No. 2009-879 of 21 July 2009 reforming the hospital and relating to patients, health and territories. The provisions of Public Health Code can be consulted, in their writing resulting from this decree, 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 Public Health Codeincluding articles L. 6323-1 and D. 6323-10;
Having regard to the advice of the Board of the National Health Insurance Fund for Employees dated 15 May 2012;
Having regard to the opinion of the Board of Occupational Accidents and Diseases of the National Health Insurance Fund of Employee Workers dated 13 June 2012;
Having regard to the advice of the Council of the National Union of Health Insurance Funds dated 24 May 2012;
Having regard to the opinion of the Central Fund for Agricultural Social Mutuality of 16 May 2012;
Considering the opinion of the national grouping of health centre management organizations dated 5 December 2014;
Based on the opinion of the National Standards Assessment Board dated 2 April 2015,
Decrete:
Section D. 6323-10 of the Public Health Code is replaced by the following:
"Art. D. 6323-10.-When the Director General of the Regional Health Agency finds a failure to comply with the operating rules of the Health Centre that jeopardize the quality and safety of care, he or she directs the manager to terminate it within a specified period, notified by any means to determine the date of receipt.
"This notification specifies the nature of the breaches found, the suspension in the event of persistence of the breaches, and the period in which the manager may submit his written comments or ask to be heard.
"When the Director General of the Regional Health Agency finds the termination of the breaches, he shall notify the Health Centre Manager of any means to determine the date of receipt.
"Art. D. 6323-11.-In the event of a lack of response or insufficient response, lack of compliance or partial compliance within the time required under the notification referred to in section D. 6323-10 or in the event of a patient safety emergency, the Director General of the Regional Health Agency may decide the immediate, total or partial suspension of the activity of the centre, together with a lack of relief.
"The Director General of the Regional Health Agency terminates the total or partial suspension of the Centre's activity, when it finds the total cessation of the breaches, proved by any means by the Centre Manager.
"A decision by the Director General of the Regional Health Agency to completely or partially suspend the activity of the Health Centre, lift the suspension or maintain it completely or partially shall be notified to the Centre Manager by any means to determine the date of receipt. A copy of the notification is sent to the primary health insurance fund where the health centre is located. »
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 May 28, 2015.
Manuel Valls
By the Prime Minister:
Minister of Social Affairs, Health and Women ' s Rights,
Marisol Touraine
