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Decree No. 2015-828 6 July 2015 On The Technical Agency For Information On Hospitalization

Original Language Title: Décret n° 2015-828 du 6 juillet 2015 relatif à l'Agence technique de l'information sur l'hospitalisation

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Keywords

SOCIAL AFFAIRS , HEALTH , PUBLIC HEALTH CODE , CSS , HEALTH , SOCIAL , MEDICO-SOCIAL , HOPITAL , HOSPITAL , TECHNICAL AGENCY FOR THE INFORMATION ON COMBATING ,


JORF n°0156 of 8 July 2015 page 11460
text No. 14



Decree No. 2015-828 of 6 July 2015 on the Technical Hospital Information Agency

NOR: AFSH1430475D ELI: https://www.legifrance.gouv.fr/eli/decret/2015/7/6/AFSH1430475D/jo/texte
Alias: https://www.legifrance.gouv.fr/eli/decret/2015/7/6/2015-828/jo/texte


Publics concerned: Technical Agency for Hospital Information.
Purpose: Missions and organization of the Technical Hospital Information Agency.
Entry into force: the text comes into force on October 1, 2015, with the exception of the agency's mission and resources provisions, which come into force on the day after its publication.
Notice: The purpose of this Order is to amend the missions of the internal organization of the Technical Hospital Information Agency (ATIH) in order to take into account the deepening of its historical field of competence on the hospital sector and the widening of its scope of intervention in the social and mediocial institutions sector.
It also amends the internal organization rules of the ATIH, including through the creation of an orientation committee and a scientific council. Finally, it proceeds to a consistency of the agency's financial and accounting rules.
References: the provisions of Public Health Code Amended by this decree may be consulted, in their version, on the website Légifrance (http://www.legifrance.gouv.fr).
The Prime Minister,
On the report of the Minister of Finance and Public Accounts and the Minister of Social Affairs, Health and Women's Rights,
Vu le code of social action and familiesincluding article L. 14-10-5;
Vu le Public Health Codeincluding article L. 6113-8;
Vu la Act No. 2000-1257 of 23 December 2000 the financing of social security for 2001, including its article 40;
Vu la Act No. 2002-73 of 17 January 2002 social modernization, including article 4;
Vu le Decree No. 2005-1755 of 30 December 2005 relating to freedom of access to administrative documents and the reuse of public information, taken for the application of Act No. 78-753 of 17 July 1978including article 38;
Vu le Decree No. 2012-1246 of 7 November 2012 Financial and Public Accounts Management;
Considering the advice of the Technical Committee for Public Establishment of the Technical Agency for Hospital Information on October 23, 2014;
The State Council (Social Section) heard,
Decrete:

Article 1 Learn more about this article...


Section 5 of Chapter III of Book I of Part 6 of the Public Health Code is amended to read:
1° Section R. 6113-33 is amended as follows:
(a) At 1°, after the words: "medico-economic activity" are added the words: "and data";
(b) The 3° is replaced by the following:
« 3° Analyses, studies and research on health facility data";
(c) It is added a 5° as follows:
« 5° From designing and conducting studies on the costs of the facilities and services referred to in theArticle L. 314-3-1 of the Code of Social Action and Families » ;
2° Section R. 6113-37 is replaced by the following provisions:


"Art. R. 6113-37. - The president of the board of directors of the agency is appointed by joint decree of ministers responsible for health, social affairs and social security. The Board of Directors also includes:
« 1° Eight representatives of the State:
“(a) The secretary general of the ministries responsible for social affairs or his representative;
“(b) The Director General of Care Offer or his representative;
"(c) The Director of Research, Studies, Evaluation and Statistics or his representative;
"(d) The Director of Social Security or his representative;
“e) The Director General of Social Cohesion or his representative;
“(f) The Budget Director or his representative;
“(g) A Deputy Director of the General Directorate of the Care Offer, designated by the Director General of the Care Offer, or his representative;
“(h) The Director General of a Regional Health Agency or his representative appointed by the Secretary General of the Ministries responsible for Social Affairs;
« 2° Three qualified personalities in the areas of competence of the agency, designated by joint decree of ministers responsible for health, social affairs and social security;
« 3° Two representatives of health insurance organizations designated by the Director General of the National Health Insurance Union;
« 4° A representative of agency staff, elected in accordance with the terms and conditions established by its rules of procedure.
"The president and the members mentioned in 2°, 3° and 4° are designated for a renewable period of three years. » ;


3° In section R. 6113-41, after the words: "Director of the agency," the words are added: "the chair of the steering committee, the chair of the scientific council", and the words: "the financial controller" are replaced by the words: "the financial control authority and";
4° Section R. 6113-43 is amended as follows:
(a) The first paragraph is replaced by the following:
"The board deliberates on the agency's work programme and on the means to be implemented to ensure its implementation. It also deliberates on the following substances »;
(b) The 7° is replaced by the following:
"Decisions on the implementation of automated processing of name information referred to in II of Article 27 of Law No. 78-17 of 6 January 1978 related to computing, files and freedoms; »
(c) The 10° is replaced by the following:
"The information or categories of information that he wishes to submit to the payment of a royalty for registration on the list provided for in theArticle 38 of Decree No. 2005-1755 of 30 December 2005 relating to freedom of access to administrative documents and the reuse of public information; »
5° The third paragraph of section R. 6113-44 is replaced by the following provisions:
"The deliberations on the subjects set out in the 2nd of Article R. 6113-43 are forwarded to the ministers responsible for budget, health, social affairs and social security. They are enforceable under the conditions provided for in the articles 176 and 213 Decree No. 2012-1246 of 7 November 2012 on budgetary and public accounting management. » ;
6° In the second paragraph of article R. 6113-45, it is added the following sentence: "He prepares and executes the agency's budget and prepares the annual activity report";
7° Section R. 6113-46 is replaced by the following provisions:


"Art. R. 6113-46. - I. - At the request of the President of the Board of Directors or the Director General, or on his or her own initiative, a steering committee shall issue notices on the Agency's work programme and its work, as well as any comments or recommendations relating to information systems within its jurisdiction.
"At the request of the President of the Board of Directors or the Director General, he or she may conduct any study and analysis in areas within the agency's scope.
“II. - The orientation committee, in addition to its president appointed by joint decree of Ministers for Health, Social Affairs and Social Security, includes:
« 1° Eight representatives of the representative federations of health and medico-social establishments designated on the proposal of these institutions:
“(a) Two representatives of the French Hospital Federation;
“(b) A representative of the Federation of Private Hospitalization;
"(c) A representative of the Federation of Hospitals and Assistance to the Person;
"(d) A representative of the National Federation of Home Hospitals;
“e) A representative of the National Federation of Cancer Control Centres;
“(f) A representative of the Inter-Federal National Union of private health and social works and organizations;
“(g) A representative of the National Union of Private Institutions and Residences for Older Persons;
« 2° Two representatives of the regional health agencies appointed by the Secretary-General of the ministries responsible for social affairs;
« 3° A representative of the National Fund of Solidarity for Self-Government appointed by its Director;
« 4° A representative of the High Health Authority appointed by its Director;
« 5° A representative of the National Agency for the Evaluation and Quality of Social and Medical Facilities and Services appointed by its Director;
« 6° A representative of the National Agency for Performance Support for Health and Medical Facilities appointed by its Director.
"The Director General or his representative attends the orientation committee sessions. He can join any employee of his or her choice.
"The steering committee meets at least once a year, on the convocation of its chair or at the initiative of at least one third of its members, the chair of the board of directors or the director general.
"III. - A member of the guidance committee cannot take part in the work on an issue to which he would be personally interested.
"The duties of a member of the orientation committee are exercised in a gracious manner. They are entitled to travel and residence allowances under the conditions set out in R. 1413-8.
"IV. - The agency provides the guidance committee with the means required to carry out its work. » ;


8° After the article R. 6113-46, an article R. 6113-46-1 is inserted as follows:


"Art. R. 6113-46-1. - I. - A scientific council guarantees the scientific and methodological quality of the work of the agency. As such, he issued an opinion on the agency's quality assurance policy. It may, at the request of the President of the Board of Directors, the Director General or his or her own initiative, carry out any study or research within the agency's jurisdiction.
"The scientific council is responsible for the methodological eve. It may address to the Board of Directors any comments or recommendations related to the methodological issues related to the work of the agency, including the impact on the provision of care.
“II. - The Scientific Council includes:
« 1° Two qualified personalities designated by the Minister for Health;
« 2° A qualified personality designated by the Minister for Social Security;
« 3° A qualified personality designated by the Minister for Social Action;
« 4° A qualified personality designated by the President of the High Health Authority;
« 5° A representative of the National Institute of Health and Medical Research appointed by its President and CEO;
« 6° A representative of the National Centre for Scientific Research appointed by its President;
« 7° A representative of the National Institute of Statistics and Economic Studies appointed by its Director General.
"The qualified personalities mentioned in 1° to 4° are designated for a renewable period of three years. They are chosen because of their competence in the field of medical information, epidemiology and the health economy.
"The scientific council elects its president among its members. The director general of the agency or his representative attends the board sessions. He can join the competition of any collaborator of his choice.
"The Scientific Council shall meet at least once a year, at the convocation of its President or at the initiative of at least one third of its members, the President of the Board of Directors or the Director General.
"III. - A member of the Scientific Council cannot take part in the work on a matter to which he would be personally interested.
"The functions of a member of the Scientific Council are exercised in a gracious manner. They are entitled to travel and residence allowances under the conditions set out in R. 1413-8.
"IV. - The agency makes available to the Scientific Council the means required to carry out its work. » ;


9° Section R. 6113-47 is amended as follows:
(a) At the beginning of the article, the mention is added: "I. -";
(b) It is complemented by a II written as follows:
“II. - The agency's resources also include:
« 1° The contribution of the National Fund of Solidarity for Self-Government II of Article L. 14-10-5 of the Code of Social Action and Families ;
« 2° Funding for the modernization of public and private health facilities III ter of Article 40 of Law No. 2000-1257 of 23 December 2000 Social Security Funding for 2001. » ;
10° In sections R. 6113-36, R. 6113-40, R. 6113-41, R. 6113-43, R. 6113-45 and R. 6113-50, the word "Director" is replaced by the words "Director General".

Article 2 Learn more about this article...


This Order comes into force on October 1, 2015, with the exception of the provisions relating to the missions and resources of the Agency, respectively mentioned in the 1st and 9th of Article 1, which come into force on the day after the publication of this Order.

Article 3 Learn more about this article...


The Minister of Finance and Public Accounts and the Minister of Social Affairs, Health and Women ' s Rights are responsible for the execution of this Order, which will be published in the Official Journal of the French Republic.


Done on July 6, 2015.


Manuel Valls

By the Prime Minister:


Minister of Social Affairs, Health and Women ' s Rights,

Marisol Touraine


Minister of Finance and Public Accounts,

Michel Sapin


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