Key Benefits:
Publics concerned: doctors or future liberal doctors conventiond.
Subject: contract of a territorial outpatient practitioner.
Entry into force: the text comes into force on the day after publication.
Notice: the decree defines the terms and conditions of conclusion and the content of the contract of a territorial practitioner of outpatient medicine. It defines the principles for the establishment of the workplaces proposed by regional health agencies, specifies the conditions for the exercise of the territorial practitioner and the level of the lump-sum remuneration available to the practitioner when he interrupts his/her activity because of maternity or paternity.
References: the text is taken for the application of theArticle 54 of Act No. 2014-1554 of 22 December 2014 Social Security Funding for 2015. The provisions of Public Health Code 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 Public Health Codeincluding article L. 1435-4-3;
Vu le Social Security Codeincluding articles L. 162-5, L. 613-19 and L. 722-8;
Considering the opinion of the Central Board of Directors of the Agricultural Social Mutuality dated 9 July 2015;
Having regard to the advice of the National Health Insurance Fund Board of Employees dated 21 July 2015;
Having regard to the advice of the National Union of Health Insurance Funds Council dated 17 September 2015;
The State Council (Social Section) heard,
Decrete:
In chapter V of title III of Book IV of the first part of the Public Health Code, a sub-section 2 is inserted as follows:
"Subsection 2
“Territorial practitioner contract for outpatient medicine
“Paragraph 1
“ Subject and duration of contract
"Art. R. 1435-9-17.-The contract of a territorial practitioner of outpatient medicine, as provided for in Article L. 1435-4-3, concluded between a regional health agency and a registered physician, includes the appointments of the practitioner for the duration of the contract, the terms and conditions for payment of a lump sum remuneration in the event of interruption of his activity as a practitioner for the purpose of maternity or paternity as well as the terms and conditions for payment of
"Art. R. 1435-9-18.-The contract under Article L. 1435-4-3 is concluded for a period of thirty-six months. It can be renewed, by tacit renewal, for the same duration.
"In the event of a breach or non-renewal by one of the parties to the contract, the notice is two months. It is notified by registered letter with request for notice of receipt.
"When, as a result of the physician, the conditions of exercise required during the term of the contract are not met, including those provided for in section R. 1435-9-23, the contract may be broken at the initiative of the administration after the physician has been given the opportunity to present his observations. The administration may request the payment of all or part of the paid remuneration.
"In the event of a legislative, regulatory or conventional amendment resulting in a substantial change in the terms of the contract, the contract shall be terminated without notice at the request of the practitioner.
"Art. R. 1435-9-19. - A territorial outpatient practitioner may not simultaneously perform his duties under several contracts with one or more regional health agencies.
"He can only practice as a territorial outpatient practitioner for a maximum period of seventy-two months.
"Art. R. 1435-9-20.-The contract is in accordance with a standard contract fixed by order of the Minister for Health and the Minister for Social Security, under the conditions set out in this subsection.
“Paragraph 2
"Performance conditions
"Art. R. 1435-9-21.-The territorial outpatient practitioner is a private client, as a doctor in a liberal practice or a professional collaborator.
"Art. R. 1435-9-22.-The provisions of Articles R. 1435-9-8, R. 1435-9-9 and R. I. 1435-9-10 apply to the territorial practitioner of outpatient medicine.
"Art. R. 1435-9-23.-For the duration of the contract, the ambulatory medical practitioner respects the opposable tariffs or, when authorized to practice different fees from the conventional tariffs, adheres to the contract for access to care established by the national convention referred to in the national convention referred to in theArticle L. 162-5 of the Social Security Code.
"Art. R. 1435-9-24. -The ambulatory medical practitioner shall promptly inform the regional health agency of any changes to its terms and conditions of exercise requiring a modification of the terms of the contract.
“Paragraph 3
« Remuneration
"Art. R. 1435-9-25.-The lump-sum remuneration referred to in Article L. 1435-4-3 shall be paid to the territorial outpatient practitioner when he interrupts his maternity or paternity care activity, as defined in Article R. 1435-9-26 and provided that the following conditions are met:
« 1° The physician has performed the activity of a territorial ambulatory medical practitioner in the last three months preceding the month in which he interrupts his activity because of maternity or paternity;
« 2° During one of the last three months preceding this work stop, he carried out an activity corresponding to a minimum amount of fees covered by the mandatory health insurance plans determined in accordance with the standard contract provided for in the order referred to in R. 1435-9-20;
« 3° He has implemented the commitments required to be replaced, throughout the period of interruption of his activity, under the conditions set out in R. 4127-65.
"Art. R. 1435-9-26.-I.-In the event of an interruption due to maternity, the lump sum pay shall be paid and calculated according to the provisions set out in II of Article R. 1435-9-14, in the light of a copy of the supporting documentation or documents referred to in first paragraph of section D. 613-10 of the Social Security Code.
"II.-In the event of an interruption due to paternity, the lump-sum remuneration is 36% of the lump-sum monthly remuneration paid for maternity reasons. It shall be paid from the month following that of the work order in the light of a copy of the supporting document(s) referred to in second paragraph of section D. 613-10 of the Social Security Code and which open the right to compensation under the regime under which the person concerned reports, L. 613-19-2 and L. 722-8-3 Social Security Code.
"III.-In the event of paternity or maternity, the copy of the supporting document(s) referred to in I and II of this article shall be sent by the practitioner to the regional health agency signatory to the contract within 48 hours of the commencement of the work order.
"Art. R. 1435-9-27.-When the activity of the territorial outpatient practitioner referred to in 1° of Article R. 1435-9-25 corresponds to a number of half-days per week not exceeding eight, the amount of the lump-sum maternity or paternity remuneration provided for in Article R. 1435-9-26 is divided by two.
"Art. R. 1435-9-28.-Additions of compensation to territorial ambulatory medical practitioners are funded by the Regional Response Fund for the actions referred to in the 5th Article R. 1435-17. »
The Minister of Finance and Public Accounts, the Minister of Social Affairs, Health and Women's Rights and the Secretary of State responsible for the budget are responsible, each with regard to him, for the execution of this decree, which will be published in the Official Journal of the French Republic.
Done on October 26, 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
The Secretary of State in charge of the budget,
Christian Eckert
