Key Benefits:
The National Assembly and the Senate deliberated,
The National Assembly adopted,
Having regard to Constitutional Council decision No. 2015-723 DC of 17 December 2015;
The President of the Republic enacts the following legislation:
PART I
PROVISIONS RELATING TO EXERCISE 2014
For fiscal year 2014, are approved:
1° The balance table, by branch, of all mandatory basic social security schemes:
(In billions of euros)
| Disease | 186,7 | 193.2 | - 6.5 |
| Old age | 219.1 | 219.9 | - 0.8 |
| Family | 56.3 | 59.0 | - 2.7 |
| Occupational accidents and diseases | 13.8 | 13.1 | 0.7 |
| All branches (excluding transfers between branches) | 462,8 | 472,1 | - 9.3 |
2° The table of balance, by branch, of the general social security regime:
(In billions of euros)
| Disease | 161.9 | 168.4 | - 6.5 |
| Old age | 115,6 | 116.8 | - 1.2 |
| Family | 56.3 | 59.0 | - 2.7 |
| Occupational accidents and diseases | 12.3 | 11.6 | 0.7 |
| All branches (excluding transfers between branches) | 334.1 | 343.8 | - 9.7 |
3° The equilibrium table for organizations involved in financing mandatory basic social security schemes:
(In billions of euros)
| Old-age solidarity fund | 17.2 | 20.6 | - 3.5. |
4° Expenditures in the field of the national health insurance expenditure target of 178 billion euros;
5° Revenues to the Retirement Reserve Fund, which are zero;
6° Revenues reserved by the Old Age Solidarity Fund, which are zero;
7° The amount of the debt amortized by the Social Debt Fund amounted to €12.7 billion.
The report is approved in Appendix A to this Act with a table, prepared as at December 31, 2014, reflecting the heritage situation of mandatory basic plans and organizations that contribute to their funding, depreciation of their debt, or the provision of revenue for their benefit, and describing the measures for the allocation of surpluses or the coverage of deficits, as identified in the Balance Tables for the 2014 Year.
PART II
PROVISIONS RELATING TO EXERCISE 2015
Section 74 of Act No. 2014-1554 of 22 December 2014 on social security financing for 2015 is thus amended:
1° In I, the amount: "280.6 million euros" is replaced by the amount: "230.6 million euros";
2° In II, the amount "115 million euros" is replaced by the amount "83 million euros".
I.-Chapter VIII of Title III of Book I of the Social Security Code is amended as follows:
1° Section L. 138-10 is amended as follows:
(a) In the first paragraph, the reference: "and L. 162-18" is replaced twice by the references: ", L. 162-17-5, L. 162-18 and L. 162-22-7-1";
(b) The first is thus written:
« 1° Drugs having, as at 31 December of the calendar year for which the contribution is due, at least one indication designated as an orphan pursuant to Regulation (EC) No. 141/2000 of the European Parliament and Council of 16 December 1999 concerning orphan drugs, for which the turnover, excluding taxes, does not exceed 30 million euros; »
(c) At 2°, after the word: "who" are inserted the words: "as of December 31 of the calendar year for which the contribution is due,"
2° Section L. 138-11 is amended as follows:
(a) In the first paragraph, the reference: "and L. 162-18" is replaced by the references: ", L. 162-17-5, L. 162-18 and L. 162-22-7-1";
(b) In the first sentence of the second paragraph, after the word "fixed", the words "as at December 31 of the calendar year for which the contribution is due" are inserted;
3° Section L. 138-13 is amended as follows:
(a) The first paragraph is amended to read:
-in the first sentence, the words: "the whole" are replaced by the words: "at least 90% of their turnover made during the calendar year in title";
- at the end of the second sentence, the words: "remissions" are replaced by the words: "remission";
(b) The second paragraph is amended to read:
- in the first sentence, after the word "paid", the words "in application of these agreements" are inserted;
-in the second sentence, the words: "the discounts it pays are higher or equal" are replaced by the words: "the discount it pays under the agreement is greater or equal";
4° Section L. 138-14 is amended as follows:
(a) The first three paragraphs are deleted;
(b) In the last paragraph, the words "or a group" are deleted;
5° Article L. 138-15 is amended as follows:
(a) In the first paragraph, the date: "June 1" is replaced by the date: "July 1";
(b) The first sentence of the second subparagraph reads as follows:
"The fixing of the price or tariff of the medications affected by the discounts due under section L. 162-16-5-1 results in a regularization of the total amount and distribution of the contribution due in respect of the year prior to the fixing of this price or tariff. » ;
(c) In the last paragraph, the date: "March 1" is replaced by the date: "April 1";
6° In the first paragraph of Article L. 138-19-1, after the two occurrences of the reference: "L. 162-16-5-1", the reference is inserted: ", L. 162-17-5";
7° In the first paragraph of Article L. 138-19-2, after the reference: "L. 162-16-5-1", the reference is inserted: ", L. 162-17-5";
8° In the last paragraph of Article L. 138-19-4, the words: "the discounts it pays are greater or equal" are replaced by the words: "the discount it pays under this agreement is greater or equal";
9° Article L. 138-19-5 is amended as follows:
(a) The first three paragraphs are deleted;
(b) In the last paragraph, the words "or a group" are deleted.
II.-The I applies from contributions and remittances for 2015.
For the year 2015, are corrected:
1° Revenue forecasts, spending targets and a branch-by-sector balance of all mandatory basic social security plans, as follows:
(In billions of euros)
| Disease | 190,5 | 198.0 | - 7.5 |
| Old age | 223.5 | 223.8 | - 0.2 |
| Family | 52.8 | 54.4 | - 1.6 |
| Occupational accidents and diseases | 13.9 | 13.2 | 0.6 |
| All branches (excluding transfers between branches) | 467.3 | 475.9 | - 8.6 |
2° Revenue forecasts, spending targets and a branch-by-sector balance of the general social security system, as follows:
(In billions of euros)
| Disease | 166.6 | 174.1 | - 7.5 |
| Old age | 119.9 | 12.5 | - 0.6 |
| Family | 52.8 | 54.4 | - 1.6 |
| Occupational accidents and diseases | 12.4 | 11.8 | 0.6 |
| All branches (excluding transfers between branches) | 339.3 | 348.3 | - 9.0 |
3° Forecasts of income, forecasts of expenditure and the balance table of organizations that contribute to the financing of mandatory basic social security schemes, as follows:
(In billions of euros)
| Old-age solidarity fund | 16,5 | 20.3 | - 3.8 |
4° The social debt amortization objective by the Social Debt Fund, which is set at 13.6 billion euros;
5° Estimates of income for the Retirement Reserve Fund, which remain in accordance with III of Article 38 of Act No. 2014-1554 Social Security Funding for 2015;
6° The rectified revenue forecasts set aside by the Old Age Solidarity Fund, which are zero.
As of 2015, the national objective of health insurance expenditures for all of the mandatory basic plans and its sub-objectives are corrected as follows:
(In billions of euros)
| City care expenses | 82,9 |
| Expenditures on health facilities tariffed to activity | 56.8 |
| Other expenditure on health facilities | 19.8 |
| Contribution of health insurance to expenses in institutions and services for older persons | 8.7 |
| Contribution of health insurance to expenses in facilities and services for persons with disabilities | 9.1 |
| Regional Response Fund expenditures | 3.0 |
| Other support | 1.6 |
| Total | 181.9 |
PART III
PROVISIONS RELATING TO RECETTES AND FINANCIAL EQUILIBRE FOR SOCIAL SECURITY EXERCICE 2016
I. - In Article L. 241-6-1 of the Social Security Code, the number: "1.6" is replaced by the number: "3.5".
II. - I applies to contributions due to remuneration paid as of April 1, 2016.
For each period from January 1 to March 31, 2016 and April 1 to December 31, 2016, the rate reduction referred to inArticle L. 241-6-1 of the Social Security Code is calculated based on the total annual compensation received in 2016.
I. - The social security code is amended as follows:
1° In the second sentence of 5° bis of Article L. 136-2, the word "ten" is replaced by the word "five";
2° In the second sentence of the last paragraph of Article L. 242-1, the words: "in excess of ten" are replaced by the words: "paid on the occasion of the forced cessation of the functions of social agents, leaders and persons mentioned in theArticle 80 ter of the General Tax Code an amount greater than five".
II. - The I is applicable to allowances paid for a termination of the employment contract or for a forced termination notified on or after January 1, 2016 or to allowances paid on the occasion of a termination referred to in Article L. 1237-11 of the Labour Code whose application for registration has been forwarded from that date. However, the I of this section does not apply to compensation paid in connection with the termination of the work contract involved in a project established pursuant to sections L. 1233-8 and L. 1233-61 of the same code and for which the meeting referred to in section L. 1233-8 or the first meeting referred to in sections L. 1233-29 or L. 1233-30 of the said Code intervened on December 31, 2015
I. - Section 1 of Chapter I of Title V of Book VI of the Social Security Code is amended as follows:
1° In the third sentence of the first paragraph of Article L. 651-3, the amount "3.25 million euros" is replaced by the amount "19 million euros";
2° The first paragraph of Article L. 651-5-3 is amended as follows:
(a) In the first sentence, the word "electronic" is replaced by the word "dematerialized";
(b) In the second sentence, the words "and teleregulation" are deleted.
II. - I applies to the social contribution of solidarity to the companies due from January 1, 2016.
I.-Article L. 752-3-2 of the Social Security Code is amended as follows:
1° The A of III is thus modified:
(a) The second paragraph is amended to read:
-in the second sentence, the rate: "40%" is replaced by the rate: "30%";
- at the end of the same second sentence, the words: "the employer's responsibility for social insurance and family allowances" are replaced by the words: "social security at the expense of the employer";
- after the word "equal", the end of the last sentence is thus written: "to the minimum wage of growth increased by 100%. » ;
(b) The last paragraph is as follows:
"For companies, employers and organizations mentioned in the first paragraph of Article L. 2211-1 of the Labour Code and occupying less than eleven employees, where the hourly remuneration is less than a threshold equal to the minimum growth wage plus 40%, the amount of the exemption is equal to the amount of the social security contributions paid by the employer. When the hourly remuneration is equal to or greater than that threshold and is less than a threshold equal to the minimum growth wage increased by 60%, the remuneration is exempt from the employer's social security premiums, within the limit of the share corresponding to an hourly pay equal to the minimum growth wage increased by 40%. Beyond a threshold equal to the minimum wage of growth increased by 60%, the portion of the pay on which the exemption is calculated decreases and becomes null when the hourly pay is equal to the minimum wage of growth increased by 130 percent. » ;
2° The 1° and 2° of the B of the same III are thus written:
« 1° The threshold of the hourly remuneration referred to in the second paragraph of the A below which the remuneration is totally exempted from the employer's expense contributions is equal to the minimum growth wage plus 40%. The threshold of the hourly remuneration referred to in the same second paragraph of the A from which the exemption becomes null is equal to the minimum wage of growth increased by 200 per cent;
« 2° The threshold for hourly pay referred to in the last paragraph of the A below which the remuneration is exempt, within the limit of the share for hourly pay equal to the minimum growth wage plus 40%, is equal to the minimum growth wage plus 100%. From this threshold, the portion of the pay on which the exemption is calculated decreases and becomes null when the hourly pay is equal to the minimum growth wage increased by 200 per cent. » ;
3° The IV is thus amended:
(a) The penultimate paragraph is thus written:
"For companies listed in this IV, where the hourly remuneration is less than or equal to the minimum growth wage plus 70%, the amount of the exemption is equal to the amount of the social security premiums paid by the employer. When the remuneration is greater than a threshold equal to the minimum wage of growth increased by 70% and less than a threshold equal to the minimum wage of growth increased by 15%, the remuneration is exempt from the employer's social security premiums, within the limit of the share corresponding to the minimum wage of growth increased by 70%. From the threshold equal to the minimum wage of growth increased by 150 per cent, the share of the remuneration on which the exemption is calculated decreases and becomes null when the hourly pay is equal to the minimum wage of growth increased by 250 per cent. » ;
(b) After the word: "Article", the end of the last paragraph is thus written: "The hourly remuneration from which the exemption becomes null is equal to the minimum wage of growth increased by 350 per cent. » ;
4° The VIII reads as follows:
" VIII.-When the exemptions mentioned in the III and IV are degressive, the amount of the exemptions is determined by the application of a formula of calculation defined by decree. The maximum value of the de-ressivity coefficient for this formula is determined by decree, within the sum of the rates of contributions referred to in I for remuneration equal to the minimum wage of growth. »
II.-This section applies to contributions due for the current period beginning January 1, 2016.
Article L. 752-3-2 of the Social Security Code is amended as follows:
1° In the first paragraph, after the words: “The Meeting”, the words “in Saint-Barthélemy” are inserted;
2° At 2°, after the words "operated enterprises" are inserted the words "in Saint-Barthélemy or".
I.-Section 3 of chapter III of Book I, title III, of the Social Security Code is supplemented by an article L. 133-4-8 as follows:
"Art. L. 133-4-8.-I.-Remediations made under a control conducted under sections L. 243-7 of this Code and L. 724-7 of Rural Code and Maritime Fishing and in relation to the application of the rules relating to the mandatory and collective nature of the supplementary social protection guarantees systems referred to in the sixth paragraph of Article L. 242-1 of this Code relate to the total amount of contributions due to contributions made by employers for the financing of these guarantees.
"II.-By derogation from I of this section and under the conditions set out in this II, the supervisory officer shall reduce the adjustment to an amount calculated on the sole basis of the amounts lacking or exceeding the contributions required for the coverage of the plan to be compulsory and collective in the sense of the sixth paragraph of section L. 242-1 and the texts taken for its application, provided that the employer shall reconstitute such amounts in a manner.
"The adjustment thus reduced is fixed at height:
« 1° Once and a half of these sums, where the reason for recovery is based on the absence of the production of an application for exemption or any other document or evidence necessary for the assessment of the mandatory and collective nature;
« 2° Three times these sums, in cases other than those mentioned in the 1st and when the failure of the recovery does not reveal a lack of knowledge of a particular gravity of the rules taken under the sixth paragraph of Article L. 242-1.
"When the failure to cause the recovery reveals a lack of awareness of a particular gravity of the rules related to the mandatory and collective nature of the complementary social protection guarantees systems referred to in the same paragraph, the supervisory officer shall inform the employer of the failure, justifying its decision in the context of the conflicting procedure before the end of the control.
"The amount of the adjustment so determined by the supervisory officer cannot exceed that resulting from all employer contributions to the plan's funding.
"III.-Le II of this section is not applicable where recovery is a case of personal benefit or discrimination within the meaning ofArticle 1 of Law No. 2008-496 of 27 May 2008 having various provisions for adapting to community law in the area of the fight against discrimination, where the irregularity in question has already been observed in a previous control, within the limits of the five calendar years preceding the year in which the control is initiated, or when one or another of the following situations is established during that period:
« 1° A hidden work situation, defined in the articles L. 8221-3 and L. 8221-5 the Labour Code;
« 2° A situation of obstacle to control, referred to in Article L. 243-12-1 of this code;
« 3° A situation of abuse of law, as defined in Article L. 243-7-2.
"IV.-By derogation from Article L. 243-1, employers may not, in the cases provided for in this section, apply to employees the reimbursement of wage contributions due on amounts giving rise to recovery. »
II.-This section applies to controls that have been initiated as of January 1, 2016.
I.-Article L. 133-6-2 of the Social Security Code is amended as follows:
1° After the reference: "L. 752-4", the end of the second sentence of I is deleted;
2° The second is thus written:
"II.-The social regime of the independents or, by delegation, the bodies referred to in articles L. 213-1 and L. 752-4 shall transmit the data under articles L. 642-1 and L. 723-5 to the organizations referred to in articles L. 641-1 and L. 723-1. »
II.-The first paragraph of Article L. 611-20 of the same code is replaced by three paragraphs as follows:
"The Caisse nationale entrusts the care to ensure the calculation, encumberment, and the amicable and contentious recovery of the health insurance contributions of members of the professions to the collection organizations referred to in sections L. 213-1 and L. 752-4, which performs them in accordance with the rules and guarantees and penalties applicable to the collection by these organizations of social security contributions and contributions due by independent non-agricultural workers.
"The National Fund of the Independent Social Plan and the Central Agency of Social Security Organizations adopt a convention on the guidelines and quality of service objectives associated with the recovery of these contributions, as well as the modalities under which risk control, control and control actions are followed.
"The fund established in section L. 133-6-6 may assist in the settlement of social contributions and contributions from self-employed members of the professional group of liberal professions. »
III.-In the first paragraph of Article L. 652-3 of the same code, the words: "Conventions" are replaced by the words: ", by delegation, the collection bodies referred to in Articles L. 213-1 and L. 752-4".
IV.-The harm likely to result, for organizations and groups referred to in first paragraph of Article L. 611-20 of the Social Security Codein its earlier drafting of this Act, the transfer of the management of cash and litigation of the health insurance premiums of members of the professions to the collection organizations referred to in sections L. 213-1 and L. 752-4 of the same code, on the date set out in the V of this section, shall be the subject of an allowance if the damage originated in the amendments to the rules governing the special management delegation and is of an abnormal character. This allowance is determined in the context of a finding established following a contradictory procedure. The terms and conditions of award and the amount of compensation are set by decree.
V.-This section applies to contributions due under current periods from a date fixed by order between January 1, 2017 and January 1, 2018.
I.-Subsection 1 of Section 2 of Chapter I, Part III, of Book VII of the Rural and Maritime Fisheries Code is amended as follows:
1° The third paragraph of Article L. 731-15 is amended as follows:
(a) In the first sentence, after the word "taxpayer", the words are inserted: ", with the exception of that mentioned in 1 of Article 75-0 A of the general tax code in respect of exceptional revenues defined in paragraph 2 of the same article;
(b) The second sentence is deleted;
2° After the first sentence of the third paragraph of Article L. 731-16, a sentence is inserted as follows:
"However, in the event of the death of the chief of operation or of an agricultural enterprise, the spouse who pursues the development of the farm or the agricultural enterprise may, under conditions fixed by decree, opt for the calculation of social contributions and contributions on a flat plate according to the terms mentioned in the first paragraph. » ;
3° In the second sentence of Article L. 731-22-1, the rate: "50 %" is replaced by the rate: "75 %".
II.-This section applies to social security contributions and contributions due for current periods effective January 1, 2016.
I.-Le I of Article L. 133-6-8 of the Social Security Code, in its writing resulting from article 24 of Act No. 2014-626 of 18 June 2014 on handicrafts, trade and very small enterprises, is thus amended:
1° The second preambular paragraph reads as follows:
“Independent workers benefiting from the regimes defined in the articles 50-0 and 102 ter the general tax code may require that their contributions be not less than the minimum amount of social security contributions set: "
2° Two subparagraphs are added:
"This application is addressed to the body referred to in section L. 611-8 of this code no later than December 31 of the year before that for which the plan under this section must be applied or, in the event of an activity creation, no later than the last day of the third month following that of the creation. It applies until it has been expressly denounced under the same conditions.
“The social contributions and contributions of persons who have made the application referred to in the second paragraph of this article shall be calculated and recovered in accordance with the provisions of articles L. 131-6-1 and L. 131-6-2. »
II.-By derogation from I of this article, self-employed persons benefiting from the regimes defined in articles 50-0 and 102 ter the general tax code, which was, as of December 31, 2015, the plan defined inArticle L. 131-6-2 of the Social Security Code continue to rise from this regime, unless otherwise requested.
III.-This section applies to contributions and social security contributions due for current periods effective January 1, 2016.
I.-The Social Security Code is amended as follows:
1° The last paragraph of Article L. 136-5, in its writing resulting fromArticle 30 of Act No. 2014-1554 of 22 December 2014 Social Security Funding for 2015, is abolished;
2° In 2° of Article L. 213-1, the words: "and members of the liberal professions" are replaced by the words: "non-agricultural professions and non-agricultural self-employed persons";
3° Chapter III of Book II title I is supplemented by an article L. 213-4 as follows:
"Art. L. 213-4.-The contributions and contributions referred to in 2°, 4° and 5° of Article L. 213-1 due to persons under the special marine social security system are recovered and controlled by a union for the recovery of social security and family allowance contributions designated by the Director General of the Central Agency for Social Security Organizations. » ;
4° Article L. 241-6-2, in its drafting resulting fromArticle 30 of Act No. 2014-1554 of 22 December 2014 referred to above, is repealed;
5° At the end of the 6th of Article L. 752-4, in its writing resulting from theArticle 30 of Act No. 2014-1554 of 22 December 2014 referred to above, the words: "Manager of the special marine social security regime" are replaced by the words: "as mentioned in Article L. 213-4".
II.-Le Labour code, in its writing resulting from article 30 of Act No. 2014-1554 of 22 December 2014 referred to above, is amended as follows:
1° The f of Article L. 5427-1 is repealed;
2° In the second and third paragraphs of Article L. 6331-53, the words: "Manager of the special system of marine social security" are replaced by the words: "as mentioned in Article L. 213-4 of the social security code".
III.-At the end of third paragraph of Article 30 of Act No. 2014-1554 of 22 December 2014 the words "National Establishment of Marine Invalids" are replaced by the words "the body referred to in Article L. 213-4 of the Social Security Code".
I.-After article L. 2242-5 of the Labour Code, an article L. 2242-5-1 is reinstated as follows:
"Art. L. 2242-5-1.-An employer who has not fulfilled the obligation set out in 1° of section L. 2242-5 under the conditions set out in sections L. 2242-1 to L. 2242-4 is subject to a penalty. If no breach of this obligation has been found in a previous check over the previous six calendar years, the penalty is capped to an amount equivalent to 10% of the exemptions from social contributions referred to in the previous six calendar years.Article L. 241-13 of the Social Security Code in respect of remuneration paid each year in which the default is found, for a period not exceeding three consecutive years from the year before the check. If at least a breach of this obligation has been found in a previous check over the previous six calendar years, the penalty is capped to an amount equivalent to 100% of the exemptions from social contributions referred to in the same section. L. 241-13 for remuneration paid each year in which the default is found, for a period not exceeding three consecutive years including the year of control.
"In the event that the periodicity of negotiations on actual wages has been extended to a period of more than one year pursuant to Article L. 2242-20 of this Code, the first paragraph is not applicable for the period fixed by the agreement. At the end of this period or if a signatory organization has requested that this negotiation be commenced without delay, where the employer has not fulfilled the obligation set out in 1° of section L. 2242-5, under the conditions set out in sections L. 2242-1 to L. 2242-4, the first paragraph of this section is applied.
"When the competent administrative authority finds the breach referred to in the same first paragraph, it determines the amount of the penalty, taking into account, inter alia, the efforts made to open the negotiations, the economic and financial situation of the company, the seriousness of the breach and the circumstances leading to the breach, under conditions fixed by decree.
"The penalty is recovered under the conditions set out in chapter VII, section 1, title III, of Book I of the Social Security Code.
"The proceeds of the penalty shall be assigned to the general social security regime, in the same manner as those determined for the imputation of the reduction referred to in Article L. 241-13 of the same code.
II.-Le VII of Article L. 241-13 of the Social Security Code is repealed.
III.-Le VII of Article 12 of Act No. 96-987 of 14 November 1996 on the implementation of the City’s Pact is thus drafted:
"VI.-LArticle L. 2242-5-1 of the Labour Code is applicable to this exemption. »
IV.-Le third paragraph of Article 130 of Act No. 2006-1771 of 30 December 2006 for 2006 last paragraph of 5 of Article 34 of Law No. 2008-1443 of 30 December 2008 for 2008, the second paragraph of Article L. 131-4-2 and Article L. 752-3-1 V bis of the Social Security Code are replaced by a paragraph to read:
"TheArticle L. 2242-5-1 of the Labour Code is applicable to this exemption. »
V.-Les VII, VIII and IX of Article 19 of Act No. 2015-994 of 17 August 2015 on social dialogue and employment are repealed.
I. - At the first sentence of the first paragraph of Article L. 242-1-2 of the Social Security Code, the words: ", assessed on a lump-sum basis six times the minimum monthly remuneration defined in Article L. 3232-3 of the same code" are replaced by the words: "in terms of the effective duration of employment and paid remuneration, assessed on a lump-sum basis to 25% of the annual ceiling defined in Article L.
II. - This article is applicable to concealed work offences established as of 1 January 2016.
Article L. 244-2 of the Social Security Code is supplemented by a paragraph to read:
"The contents of the warning or of the detention referred to in the first paragraph must be precise and motivated, under conditions fixed by decree in the Council of State. »
I. - Article L. 382-5 of the Social Security Code is amended as follows:
1° In the first paragraph, after the word "assessments", the words "and social security contributions" are inserted;
2° After the reference: "L. 382-4," the end of the second paragraph is as follows: "Social security contributions and contributions are pre-assembled and paid by that person to the approved body. »
II. - This section is applicable to contributions and contributions due under current periods from a date fixed by order and no later than January 1, 2019.
I.-Le 6° du I de l'article 26 de la loi n° 2014-626 du 18 juin 2014 relative à l'artisanat, au commerce et aux très petits entreprises est ainsi écrit :
« 6° Section 5 of Chapter I of Title III of Book I is supplemented by an article L. 131-6-3 as re-established:
“Art. S. 131-6-3.- Unless otherwise requested by decree, the minimum amounts of contributions provided for, for the craft, industrial and commercial professions, in the second paragraph of articles L. 612-13 and L. 633-10, in the penultimate paragraph of Article L. 635-1 and in the last paragraph of Article L. 635-5 and, in the case of the liberal professions,Article L. 262-2 of the Code of Social Action and Families and Article L. 842-1 of this Code. “ ;”.
II.-The 6th I of Article 9 of Act No. 2014-1554 of 22 December 2014 on social security financing for 2015 is repealed.
III.-After the 12th of Article L. 611-4 of the Social Security Code, it is inserted a 13th grade as follows:
« 13° To implement the personal data processing, pursuant to Article L. 114-12, which allows the communication by social security organizations involved in the management of their insured persons of the information necessary to carry out their duties. »
IV.-The 4th and 5th of Article L. 5141-1 of the Labour Code are thus restored:
« 4° Persons aged 18 to under 26 years;
« 5° Persons under 30 years of age with disabilities referred to in Article L. 5212-13 or who do not meet the pre-activity condition to open the insurance allowance entitlement referred to in Article L. 5422-1; "
V.-The I of this Article shall apply to contributions and contributions due for current periods beginning on 1 January 2016 and the IV shall apply to contributions and contributions due for current periods beginning on 1 January 2015.
Derogation from I of Article L. 133-5-3 of the Social Security Code, in his writing resulting from theOrder No. 2015-682 of June 18, 2015 on the simplification of the social declarations of employers, employers and third parties mandated to make the social declarations of employers transmit for the first time a nominal social declaration to dates fixed by decree, and no later than 1 July 2017, according to the annual amount of the contributions paid or the staff as well as the quality of the declarant or reporting third party.
[Dispositions declared not in conformity with the Constitution by Constitutional Council Decision No. 2015-723 DC of 17 December 2015]
I.-The Social Security Code is amended as follows:
A.-After the reference: "L. 242-11", the end of the last paragraph of Article L. 131-7 is as follows: "and the reduction of the contribution referred to in the first paragraph of Article L. 651-1 resulting from the slaughter of the plate provided for in Article L. 651-3, in their drafting resulting from the Act No. 2015-1702 of 21 December 2015 Social Security Funding for 2016. » ;
B.-Article L. 131-8 is amended as follows:
1° The 1° is thus modified:
(a) At the end of the second paragraph, the rate: "5.5%" is replaced by the rate: "61.1%";
(b) At the end of the third paragraph, the rate "18%" is replaced by the rate "19.2%";
(c) The last paragraph is replaced by two subparagraphs:
"-to the branch mentioned in 1° of the same article, for a fraction corresponding to 17.2%;
"to the fund referred to in Article L. 135-1, for a fraction of 2.5%; »
2° The 7° is thus modified:
(a) At the end of the b, the rate: "8.97 %" is replaced by the rate: "9.19 %";
(b) In the f, the words: ", to the corporate social security schemes of the SNCF, SNCF Mobility and SNCF Réseau and the Régie autonome des transports parisiens" are deleted and the rate: "0.60 %" is replaced by the rate: "0.38 %";
C.-The third paragraph of Article L. 135-1 is deleted;
D.-Article L. 135-2 is as follows:
"Art. L. 135-2.-The expenditure of the Old Age Solidarity Fund is reflected in three separate sections.
"I.-The first section retraces:
« 1° The funding of the allocations referred to in the last paragraph of Article L. 643-1, Chapter V of Title I of Book VIII andArticle 2 of Order No. 2004-605 of 24 June 2004 simplifying the minimum age;
« 2° The sums representative of taking into account by the general plan, the plan of agricultural employees and the old-age insurance schemes of the artisanal, industrial and commercial professions, in the duration of insurance:
“(a) Periods mentioned in 1°, 3° and 8° of Article L. 351-3;
“(b) Periods during which the insured persons benefited from the allowances mentioned in the articles L. 1233-68, L. 5422-1, L. 5423-1, L. 5423-7 and L. 5423-8 the Labour Code, the special allowances referred to in 2° of Article L. 5123-2 of the same Code and the remuneration referred to in the last paragraph of Article L. 1233-72 of that Code;
"(c) Periods during which the insured person has benefited, in the event of a complete absence of activity, from a replacement income on the part of his business under a national professional agreement referred to in theArticle L. 5123-6 of the Labour Code ;
« 3° The sums corresponding to the consideration by the general plan, the plan of agricultural employees and the old-age insurance plans of the artisanal, industrial and commercial occupations of the reductions of the insurance duration or of the recognized equivalent periods defined in Article L. 351-7-1 of this Code;
« 4° Expenditures referred to in I of Article 49 of Law No. 2002-73 of 17 January 2002 of social modernization;
« 5° The sums representative of the inclusion by the basic old-age insurance plans of the volunteering periods of the national service of their insured persons;
« 6° Expenses incurred in the service of the special allowance for older persons provided for in thearticle 28 of Order No. 2002-411 of 27 March 2002 relating to health and social protection in Mayotte and, on the basis of calculations established by decree, the sums representative of the consideration for the duration of insurance, by the compulsory basic social security pension scheme referred to in article 5 of that order, of the periods defined in section 8 of that order;
« 7° The amounts representative of the inclusion by the basic old-age insurance plans in the basic salary referred to in Article L. 351-1 of the daily allowances referred to in the same article;
« 8° The amounts corresponding to the support mentioned in the last paragraph of Article L. 6243-3 of the Labour Code ;
« 9° Reimbursement to the social insurance fund of Saint-Pierre-et-Miquelon of the expenses corresponding to the application to the old-age insurance plan of that community, under the conditions provided by the Act No. 87-563 of 17 July 1987 reforming the old-age insurance regime applicable to Saint-Pierre-et-Miquelon, of the non-contributory benefits mentioned in 1° to 5°, 7° and 8° of this I;
« 10° Funding for non-contributory benefits established for pensioners of all plans, where the provisions in place provide for them.
"The sums mentioned in 2°, 5° and 7° are calculated on a flat basis, under conditions fixed by decree in the Council of State.
"II.-The second section retraces:
« 1° The management of a fraction, set by decree, which cannot be less than 50%, of the sums corresponding to the service by the general regime, the regime of agricultural workers and the old-age insurance schemes of the artisanal, industrial and commercial occupations of the majoration referred to in Article L. 351-10;
« 2° The management of the amounts corresponding to the service by the general plan, the agricultural wage plan and the old-age insurance schemes of the artisanal, industrial and commercial occupations of the dependent spouse pension increases.
"III.-The third section outlines the amount, set by decree, of payments to the general plan, to the agricultural wage system and to the old-age insurance schemes of the artisanal, industrial and commercial professions for the expenses incurred by these plans for the devices provided for in the III and IV of Article 20 of Law No. 2010-1330 of 9 November 2010 reform of pensions.
"IV.-The administrative costs of the fund shall be apportioned among each section, under conditions fixed by decree. » ;
E.-Article L. 135-3 is as follows:
"Art. L. 135-3.-I.-The income of the fund allocated to the financing of the expenses referred to in I of Article L. 135-2 shall consist of:
« 1° A fraction of the proceeds of the contributions referred to in articles L. 136-6 and L. 136-7, as set out in IV bis of Article L. 136-8;
« 2° A fraction of the proceeds of social levies referred to in articles L. 245-14 and L. 245-15;
« 3° The sample product mentioned in theArticle 1600-0 S of the General Tax Code.
"II.-Revenues from the Fund for the Expenditures referred to in Article L. 135-2 of this Code shall consist of:
« 1° A fraction, fixed at the 1st of section L. 131-8 of this code, of the proceeds of the wage tax referred to inArticle 231 of the General Tax Code ;
« 2° The proceeds of the contributions referred to in articles L. 137-11 and L. 137-11-1 of this Code;
« 3° Amounts arising from the application of Book III of Part 3 of the Labour Code and received by the Caisse in consignation of deposits and consignations or resulting from the liquidation of shares of mutual funds by the management organizations, securities issued by companies of variable capital investment, shares issued by the companies created by the employees for the resumption of their business or shares or cuts of shareholdings of the enterprise and not
« 4° The amounts paid by employers under theArticle L. 2242-5-1 of the Labour Code ;
« 5° The amounts acquired to the State under the 5° of Article L. 1126-1 of the General Code of Public Ownership ;
« 6° The proceeds of fixed shares of royalties due to the use of frequencies 1,900-1,980 megahertz and 2,110-2,170 megahertz assigned for the operation of a mobile network in metropolis under the Post and electronic communications code ;
« 7° A fraction equal to 35% of the product of all the variable portions of the royalties paid each year for the use of the frequencies 880-915 megahertz, 925-960 megahertz, 1 710-1 785 megahertz, 1 805-1 880 megahertz, 1 900-1 980 megahertz and 2 110-2 170 megahertz allocated for the operation of a mobile network in metropolis under the application of Post and electronic communications code.
"III.-Referred to in the third section of the Fund the revenues that have been made available for the financing of the expenses referred to in the III of section L. 135-2 and the financial products resulting from the placement of the availability exceeding the cash requirements of that section.
"The annual surpluses under this section result in automatic deferral over the following fiscal years. » ;
F.-Articles L. 135-3-1 and L. 135-4 are repealed;
G.-Article L. 136-8 is amended as follows:
1° The IV is thus amended:
(a) In the first paragraph, the reference to "I" is replaced by the references: "1° and 3° of I and II and III";
(b) At the end of 1°, the rate: "0.87 %" is replaced by the rate: "0.85 %";
(c) 2° and 3° are repealed;
(d) The 4th is thus modified:
-in the first paragraph, the words: "the conditions set out in Article L. 139-1 of this Code" are replaced by the words: "the conditions fixed by decree and in proportion to the contributions on the income of activity paid by the persons affiliated with each regime";
-at a, the rate: "5.20 %" is replaced by the rate: "6.05%";
-at b, the rate: "4.80 %" is replaced by the rate: "5.75 %";
-the c is repealed;
-at the d, the rate: "3.90 %" is replaced by the rate: "4.75 %";
-e, the rate: "4.30 %" is replaced by the rate: "5.15 %";
(e) At 5°, the rate: "0.48%" is replaced by the rate: "0.60%" and the rate: "0.28%" is replaced by the rate: "0.30%";
2° After the IV, an IV bis is inserted as follows:
"IV bis.-The proceeds of the contributions mentioned in 2° I shall be paid:
« 1° To the fund referred to in Article L. 135-1, for the share of 7.6%;
« 2° At the Social Debt Debt Fund, for the share corresponding to a rate of 0.65%. » ;
3° The V is thus modified:
(a) 2° and 3° are repealed;
(b) The 4th is thus written:
« 4° At the National Health Insurance Fund for Employees, 82%. » ;
H.-Article L. 137-17 is as follows:
"Art. L. 137-17.-The proceeds of the contribution referred to in Article L. 137-15 shall be paid to the National Pension Insurance Fund for Employees. » ;
I.-The 5th of Article L. 223-1 is as follows:
« 5° To repay the sums corresponding to the service by the general plan, the plan of agricultural employees and the old-age insurance schemes of the artisanal, industrial and commercial professions of pension increases granted according to the number of children; »
J.-Le II de l'article L. 245-16 est ainsi modifié :
1° The second paragraph is deleted;
2° At the end of the third paragraph, the words: "Old Age Insurance for Employees" are replaced by the words "of solidarity for self-reliance";
3° The last paragraph is as follows:
"one share of the fund referred to in Article L. 135-1 is 3.5%. » ;
K.-Article L. 651-2-1 is amended as follows:
1° At the end of 1°, the rate: "13.3%" is replaced by the rate: "27.3%";
2° The third is repealed.
II.-After the word "affected", the end of the IV of section 1600-0 S of the General Tax Code is thus written: "to the fund mentioned in theArticle L. 135-1 of the Social Security Code. »
III.-Chapter X of title IV of Book I of the Code of Social Action and Families is thus amended:
A.-Article L. 14-10-4 is amended as follows:
1° The 3rd is thus written:
« 3° A fraction, fixed to theArticle L. 245-16 of the Social Security Codesocial levies referred to in articles L. 245-14 and L. 245-15 of the same code; »
2° The 4th is repealed;
B.-Section L. 14-10-5 is amended as follows:
1° A bis of 1 and 2 of I is repealed;
2° In a du II, the words ", the product mentioned in the 4th of the same article" and the words "of the generalized social contribution" are deleted;
3° The last paragraph of the III is deleted;
4° V bis and b bis are repealed.
IV.-Article 6 of Order No. 96-50 of 24 January 1996 on the reimbursement of social debt is amended as follows:
1° At 2°, the reference: "to IV" is replaced by the references: "to IV and IV bis";
2° The third is repealed.
V.-The VI of section 22 of Act No. 2010-1657 of 29 December 2010 of Finance for 2011 is repealed.
VI.-Section 2 of Order No. 2015-896 of 23 July 2015 reforming the old age insurance scheme applicable to Saint-Pierre-et-Miquelon is repealed.
VII.-Article L. 131-7 of the Social Security Code is not applicable to articles 135,149 and 171 Act No. 2015-990 of 6 August 2015 for economic growth, activity and equality of opportunity.
VIII.-The I and II of section 87 of Act No. 2014-1554 of 22 December 2014 on social security financing for 2015 are repealed.
IX.-The 1st of Article 148 of Act No. 2015-990 of 6 August 2015 for economic growth, activity and equality of opportunity is repealed.
X.-A.-B, G, J and K of I and II to IV apply to proceeds of taxation based on transactions that occur on or after January 1, 2016, with the exception of tax provisions on heritage revenues, which apply to proceeds recovered by way of roles issued on or after January 1, 2016.
B.-Le A du I applies effective April 1, 2016.
C.-The other provisions of this section apply effective January 1, 2016.
In 2016, it is collected, for the benefit of the Fund for the Modernization of Public and Private Health Institutions created by theArticle 40 of Act No. 2000-1257 of 23 December 2000 of the Social Security Fund for 2001, a sum of 40 million euros on the reserves, as of 31 December 2014, of the Hospital Employment Fund created by theArticle 14 of Act No. 94-628 of 25 July 1994 relating to the organization of work time, recruitment and transfer in the public service.
Recovery, litigation and guarantees relating to this collection are governed by the rules referred to in Article L. 137-3 of the Social Security Code.
The second quinquies of section 4 of Order No. 96-50 of 24 January 1996 relating to the reimbursement of social debt is thus amended:
1° The first paragraph is amended to read:
(a) In the first sentence, the year: "2017" is replaced by the year: "2015" and the words: "and within 10 billion per year" are deleted;
(b) After the word: "decree", the end of the second sentence is thus written: ", may be subject to instalments. » ;
2° In the second paragraph, the words "the ceilings quoted therein" are replaced by the words "the ceiling quoted therein".
Aunt 3° of the II bis of Article L. 862-4 of the Social Security Code, in its writing resulting from Act No. 2014-1554 of 22 December 2014 the rate: "7%" is replaced by the rate: "14%".
I. - The one.Article L. 311-2 of the Social Security Code benefits persons engaged in reduced economic activity at the end of insertion and receive administrative and financial support provided by an association approved by the Minister for Social Security.
II. - A decree sets out the modalities for the application of this article. In particular, it defines the list of eligible activities, the terms and conditions for reporting the activity to the consular agency concerned, the maximum duration of the affiliation provided for in I, and the conditions for the registration and remuneration of the associations. It also sets out the amount of income derived from the activity below which is opened the benefit of the affiliation provided for in I.
III. - This section is applicable as of January 1, 2016 and until December 31, 2018, regardless of the date on which the accompanying contract was entered into during that period.
IV. - Prior to September 1, 2016, the Government submits an evaluation report to Parliament.
The II of Article 10 of Act No. 87-39 of 27 January 1987, bearing various social measures, is thus amended:
1° The words: "July 1 of the current year" are deleted;
2° The words: "to the health-care and old-age insurance schemes for non-workers" are replaced by the words: "to the social security system for self-employed workers."
I. - From a date fixed by decree, between January 1, 2017 and January 1, 2018 included:
1° Employees and former employees of the large seaport of Bordeaux and their beneficiaries are, for the health, maternity and death previously covered by the special regime of the large seaport of Bordeaux, affiliated or supported, with the exception of the cash benefits provided for in the articles L. 321-1 and L. 331-3 the social security code, by the general social security system, within the limits of its own rules. The first paragraph of Article L. 131-9 of the same code shall apply to them;
2° It is terminated the special regime mentioned at 1°. The amount of its cumulative results transferred to the National Health Insurance Fund for Employees shall be determined by order of Ministers responsible for social security and the budget, taking into account, after adversarial examination, the share of the cumulative results of the mandatory plan as at 31 December of the year preceding the date mentioned in the first paragraph of this I.
II. - A decree in the Council of State determines the modalities for the implementation of the transfer provided for in I, including the adaptation of the rules relating to the rights to benefits of social insurance set out in Titles I to III and VI of Book III of the Social Security Code made necessary by this transfer.
A decree made after consultation with trade union organisations representative of the employees of the port and after advice from the board of surveillance of the large seaport of Bordeaux, determines, for a transitional period not exceeding ten years from the date of transfer mentioned in the first paragraph of the I, the rate of contributions due each year by the large seaport of Bordeaux, due to the affiliation with the general social security scheme of its employees, allowing to reach the rate mentioned progressivelyArticle L. 712-9 of the Social Security Code. This decree sets the scale of the contribution rate by taking into account the impact of the integration of the special plan referred to in I on the specific benefits paid prior to the date of the transfer in addition to the benefits mentioned in article L. 160-1 of the Social Security Code and on the supplementary coverage of employees of the large seaport of Bordeaux mentioned in article L. 911-7 of the same code.
Trade union organisations representative of employees of the large seaport of Bordeaux are also consulted on the terms and conditions of the management of the services provided to employees of the large seaport of Bordeaux, as well as on the situation of employees of the insurance fund of the port of Bordeaux. Employees of the foreseeance fund of the port of Bordeaux whose employment would not be maintained in view of the transfer of the special regime mentioned in I to the general regime are reintegrated into the large seaport of Bordeaux. At their request, their work contract may be taken over by the Gironde Primary Health Insurance Fund.
A negotiation is undertaken by the large maritime port of Bordeaux to determine the terms and conditions for the payment of specific benefits that previously occurred on the date of the transfer in addition to the benefits referred to in Article L. 160-1 of the Social Security Code. These may, if any, be supported in the coverage referred to in Article L. 911-7 of the same code. In the absence of a business agreement on the date of the transfer set out in I, these terms are defined by a unilateral decision of the employer.
I.-After 32° of Article L. 311-3 of the Social Security Code, are inserted from 33° and 34° as follows:
« 33° Employee seafarers defined in 4° of Article L. 5511-1 of the Transport Code, excluding sailors defined in 3° of the same article, who meet the conditions set out in 2° of Article L. 5551-1 of the same code;
« 34° Seafarers employed on board a ship mentioned on theArticle L. 5561-1 of the Transport Code, provided that they are not subject to the special social security regime of the sailors or to the social protection regime of a Member State of the European Union or of a State Party to the agreement on the European Economic Area other than France. »
II.-Article L. 5551-1 of the transport code is as follows:
"Art. L. 5551-1.-Agreed to the Mariners' Old Age Insurance Plan, where they operate directly related to the operation of the vessel, as defined in section L. 5511-1:
« 1° Seafarers embarked on a ship flying French flag and carrying out their activities in the areas of trade, fisheries and marine cultures and professional pleasure;
« 2° In accordance with the Maritime Labour Agreement, adopted in Geneva on 7 February 2006, seafarers on a ship flying flag of a foreign State other than a ship mentioned in Article L. 5561-1 and residing in France on a stable and regular basis, provided that they are not subject to the social security legislation of a foreign State under the regulations of the European Union or international social security agreements.
"The conditions for the application of this article are specified by decree in the Council of State. »
III.-I and II of this article, with the exception of 34° of Article L. 311-3 of the Social Security Codecome into force on a date set by decree, and no later than January 1, 2017.
I.- Title III of Book I of the Social Security Code is amended as follows:
A.- Chapter IV is amended as follows:
1° Section 1 is amended to read:
(a) The title is thus written: "Financial Relations between Old Age Insurance Plans";
(b) An article L. 134-3 is added as follows:
"Art. L. 134-3.-Referred to in the accounts of the National Pension Insurance Fund for Employees, which ensures its financial balance, all expenses and products:
« 1° Branches mentioned in the 2nd and 3rd of Article L. 611-2;
« 2° From the special regime referred to in Article L. 715-1;
« 3° Old-age and safe risks of the branch referred to in 2° of Article L. 722-27 of the Rural and Maritime Fisheries Code.
“Organizations of the general regime shall manage the special regime referred to in 2° of this article.
"A decree sets out the modalities for the application of this article. » ;
2° Section 2 is amended to read:
(a) The title is thus written: "Financial relations between the Caisse nationale de l'assurance maladie des travailleurs wages et les autres plans";
(b) The division and title of subsection 1 are deleted;
(c) Section L. 134-3 is repealed;
(d) Article L. 134-4 is as follows:
"Art. L. 134-4.-Referred to in the accounts of the National Health Insurance Fund for Employees, which ensures its financial balance, all expenses and products:
« 1° From the branch mentioned at the 1st of Article L. 611-2;
« 2° From the branch mentioned to the 2° of Article L. 722-8 of the Rural and Maritime Fisheries Codeexcept for the expenses relating to the daily allowances referred to in sections L. 732-4 and L. 762-18-1 of the same code and the management and medical check expenses associated with these allowances, as well as the products relating to the contributions that cover these allowances and expenses;
« 3° Health, maternity, disability and death of the branch referred to in 2° of Article L. 722-27 of the Rural and Maritime Fisheries Code ;
« 4° Health, maternity, disability and death of the plans referred to in Article L. 711-1 of this Code; for these plans, a follow-up of expenditures does not fall within the scope of Article L. 160-1.
"A decree sets out the modalities for the application of this article. » ;
(e) Section L. 134-5 is repealed;
3° Section 3 is amended to read:
(a) The title reads as follows: "Financial relations between schemes for the coverage of occupational accidents and occupational diseases";
(b) Section L. 134-5-1 is repealed;
(c) Articles L. 134-7, L. 134-8, L. 134-10, L 134-11 and L. 134-15 are transferred to this section;
4° Article L. 134-6 becomes Article L. 721-2 of the Rural and Maritime Fisheries Code and is amended as follows:
(a) In the first paragraph, the words: Rural Code and Maritime Fishing are deleted and, after the words: "are traced", are inserted the words: ", in the conditions set out in the articles L. 134-3 and L. 134-4 the code of social security;
(b) The second paragraph is deleted;
5° The division and title of section 4, subsections 1 and 2 of section 4 and sections 4 bis, 5 and 7 are deleted;
6° Articles L. 134-11-1, L. 134-12 and L. 134-13 are repealed;
B.-Chapter IX is repealed.
II.- Book II of the Social Security Code is amended as follows:
A.-Section L. 221-1 is amended as follows:
1° The first two paragraphs are thus drafted:
"The Caisse nationale de l'assurance maladie des travailleurs wages manages the branches referred to in 1° and 2° of Article L. 200-2 and, to this end, has the role of:
« 1° To ensure the financial balance of these two branches. As such, it establishes the consolidated accounts of the local social security agencies, ensures, in connection with the Central Agency of Social Security Agencies, the financing of local organizations, the settlement of any operation under these branches whose responsibility is not attributed to local organizations and is responsible for the management of risk; »
2° The 8th is repealed;
B.-Section 1 of Chapter I of Title IV is amended as follows:
1° The title is thus written: "Health, Maternity, Disability, Death";
2° The division and title of subsection 1 are deleted;
3° Article L. 241-1 is repealed;
4° Section L. 241-2 is amended as follows:
(a) The first paragraph is replaced by six subparagraphs as follows:
"I.- Coverage of expenses related to the care of health expenses referred to in Article L. 160-1, benefits referred to in Articles II to IV and VI of Book III, management fees and other expenses of the sick branch is provided by contributions, contributions and other resources referred to in the II to IV of this centralized article by the National Health Insurance Fund of the employed workers, which ensures the registration of all of these transactions.
"II.-The resources referred to in I are assessed in each plan:
« 1° Employees of agricultural and non-agricultural professions and their employers. These contributions are based on remuneration received by these employees;
« 2° By self-employed persons from non-agricultural occupations and non-employed persons from agricultural occupations;
« 3° By the persons referred to in articles L. 380-2 and L. 380-3-1.
"III.-The resources referred to in I of this article shall be made up, in addition, of contributions based on:"
(b) The fourth preambular paragraph is deleted;
(c) At the beginning of the fifth preambular paragraph, the words “IV.-” are added;
(d) The 8th is thus written:
« 8° The proceeds of the tax referred to in the IV of section L. 862-4; » ;
(e) It is added a 9° as follows:
« 9° The fraction of the product of the generalized social contribution referred to in 4th of IV of Article L. 136-8. » ;
5° At 1° of Article L. 242-10, the references: "of the second paragraph of Article L. 241-2, Articles L. 241-3, L. 241-6" are replaced by the reference: "Articles L. 242-4-4";
6° Sub-section 2 becomes section 1 bis and its title is as follows: "Aging.-Veuvage".
III.- Title VIII of Book III of the same Code is amended as follows:
A.-Article L. 380-1 is repealed;
B.-Article L. 380-2 is amended as follows:
1° The first paragraph is replaced by three subparagraphs:
"The persons referred to in section L. 160-1 are liable for an annual fee when they meet the following conditions:
« 1° Their income earned during the year under review is less than a threshold set by decree. In addition, when married or linked to a partner by a civil pact of solidarity, income derived from professional activities carried out in France by the other member of the couple is also below that threshold;
« 2° They did not receive a pension, annuity or any amount of unemployment benefit during the year under review. The same is true, when married or linked to a partner by a civil solidarity pact, for the other member of the couple. » ;
2° In the first sentence of the second paragraph, after the word: "income", the words are inserted: "property, movable capital, surplus-values of assignment in an expensive capacity of property or rights of any kind, non-professional industrial and commercial profits and benefits of non-commercial non-professional occupations" and the words: "the ceiling mentioned in the first paragraph" are replaced by the words: "a ceiling fixed by decree";
3° After the second preambular paragraph, a sub-item reads as follows:
"When the activity income referred to in 1° is less than the threshold defined in the same 1° but greater than half of this threshold, the contribution base is subject to abatement under conditions fixed by decree. This slaughter grows to a proportion of the activity income, reaching 100% at the threshold defined in audit 1°. » ;
4° In the third paragraph, after the word "covered", the words are inserted: "the year following the year in question, referred to in 1° and 2° of this article,"
5° The fourth and penultimate paragraphs are deleted;
6° The last paragraph is as follows:
"The agents of the tax authorities shall communicate to the organizations referred to in sections L. 213-1 and L. 752-2 the nominal information reported for the establishment of income tax by the persons satisfying the conditions referred to in the first paragraph of section L. 380-2, in accordance with the provisions of section L.Article L. 152 of the Tax Procedures Book.
At the end of the first paragraph of Article L. 380-3-1, the reference: "L. 380-1" is replaced by the reference: "L. 160-1";
D.-Article L. 381-4 is as follows:
"Art. L. 381-4.-This section is applicable to pupils and students of higher education institutions, higher technical schools, major schools and classes of the second degree preparatory to these schools that do not exceed a limiting age established by decree. » ;
E.-Article L. 381-8 is as follows:
"Art. L. 381-8.-Students or students referred to in Article L. 381-4 shall be liable, under each annual period, the dates of which are fixed by decree, for a lump sum fee of which the amount is fixed by interdepartmental order and shall be revalued annually by application of the coefficient referred to in Article L. 161-25, after consultation with student associations.
"They are not liable for the assessment referred to in the first paragraph of Article L. 380-2.
"Students or students referred to in Article L. 381-4 who meet one of the following criteria shall be exempted from the contribution provided in the first paragraph of this article:
« 1° Be a holder of a scholarship of higher education;
« 2° Being under twenty years of age over the entire period referred to in the first paragraph of this article;
"3° Exercise professional activity. »
IV.-At the end of the second sentence of the first paragraph of Article L. 382-15 of the same code, the reference: "Article L. 380-1" is replaced by the words: "the condition of residence referred to in Article L. 160-1".
V.-Le I de l'article L. 133-6-8 du même code, dans sa rédaction provenant de l'article 24 de la loi n° 2014-626 du 18 juin 2014 relative à l'artisanat, au commerce et aux très petits entreprises, est ainsi modifié :
1° At 1°, the reference: "L. 612-4", is deleted;
2° At 2°, the reference "of the second paragraph of Article L. 612-4" is deleted.
VI.-The second paragraph of Article L. 612-4 of the same code is deleted.
VII.-A the first sentence of the first paragraph of section L. 613-8 of the same code, after the word "should", are inserted the words: "justify for a minimum period of affiliation and the payment of a minimum amount of contributions and".
VIII.-The second sentence of the second paragraph of Article L. 713-21 and the second sentence of Article L. 715-2 of the same code shall be deleted.
IX.-Book VII of the Rural and Maritime Fisheries Code is amended as follows:
1° In the first sentence of the 3rd sentence of Article L. 722-5 and the second paragraph of Article L. 722-6, the words: "to health, disability and maternity insurance contributions" are replaced by the words: "to the old-age insurance premium provided for in Article L. 731-42";
2° At the end of 2° of Article L. 731-2, the words: "specified under the conditions set out in Article L. 139-1 of the same code" are replaced by the words: "in proportion to the contributions on the income of activity paid by the persons affiliated with each regime";
3° In Article L. 731-11, the word "illness" and the word "motherhood" are deleted;
4° The second sentence of the first paragraph of Article L. 731-35 is as follows:
"The rates are set by decree. »
X.-The Caisse nationale de l'assurance maladie des travailleurs wages (National Health Insurance Fund) takes over the deficits found as of 31 December 2015 in the health insurance scheme of the Caisse autonome nationale de la sécurité sociale dans les mines according to the terms set by decree.
XI.-I to III, VII, VIII and X come into force on 1 January 2016.
V, VI and IX apply to social security contributions due for current periods effective January 1, 2016.
I.- Title VI of Book VIII of the Social Security Code is amended as follows:
1° Chapter IV becomes Chapter V and Article L. 864-1 becomes Article L. 865-1;
2° It is re-established a chapter IV as follows:
“Chapter IV
“Additional health coverage provisions for persons aged sixty-five and over
"Art. O.C. 864-1.-Right to a tax credit under the tax collected under section L. 862-4 the individual contracts or, where the insured pays the full cost of the coverage, optional collective health insurance contracts, certified under section L. 864-2 and which are subscribed by persons aged at least sixty-62 years.
"The award of the label aims to identify contracts offering, at accessible prices, guarantees adapted to the situation of the persons mentioned in the first paragraph of this article.
"The annual amount of the tax credit is equal to 1% of the premiums, excluding taxes, paid by the persons mentioned in the first paragraph of this section. The method of imputation of this tax credit, the amount of which cannot exceed, for each maturity, that of the tax collected under Article L. 862-4, is defined by decree in the Council of State.
"The tax credit under this section is not cumulative with the benefit of sections L. 861-1 and L. 863-1.
"Art. L. 864-2.-Benefit from a label the contracts signed by persons aged at least sixty-five years with one of the organizations referred to in second paragraph I of Article L. 862-4, when these contracts:
« 1° Offer guarantees at least equivalent to specific levels for a price, excluding taxes, below fixed thresholds, depending on the age of insured persons and the level of the proposed guarantees. These levels of guarantees and price thresholds are fixed by decree, taken after consultation with the Autorité de la concurrence and the Autorité de contrôle prudentiel et de résolution;
« 2° Respect the conditions set out in Article L. 871-1.
"The list of contracts meeting the criteria mentioned in the first three subparagraphs of this article shall be made public, under conditions and deadlines established by decree in the Council of State, after transmission to the competent authority, by the bodies proposing these contracts, of the elements to justify the fulfilment of these same criteria.
"The thresholds mentioned in 1° are revalued annually according to the evolution of the national objective of health insurance expenses set by the Social Security Financing Act for the previous year.
"Organizations proposing contracts referred to in the first paragraph are required to forward to the competent authority the amendments to these contracts and, at least annually, their prices.
"A decree in the Council of State defines the conditions for the application of this article, including the period in which the consultations mentioned in the 1st, as well as the number of guarantees mentioned in the same 1st. » ;
3° In the first paragraph of section L. 862-1, the words "of the tax credit referred to in section L. 863-1" are replaced by the words "tax credits referred to in sections L. 863-1 and L. 864-1";
4° In section L. 862-2, the words: "Managers referred to in section L. 861-4 of the tax credit referred to in section L. 863-1" are replaced by the words: "as referred to in the second paragraph of section L. 862-4 of the tax credits referred to in sections L. 863-1 and L. 864-1".
II.-The articles L. 862-1, L. 862-2, L. 864-1 and L. 864-2 of the Social Security Code, as a result of I, apply to contracts effective January 1, 2017.
I.-After the words: "that these guarantees", the end of the 2nd of Article L. 242-1 of the Social Security Code is thus written: "is in conformity with the provisions of Article L. 871-1. The sixth and present paragraphs are applicable to employer payments referred to in section L. 911-7-1. »
II.-Article L. 911-7 of the Social Security Code is amended as follows:
1° In the first sentence of I, the reference: "to II" is replaced by the references: "to II and III";
2° II is thus amended:
(a) At 1°, the reference: "L. 322-2" is replaced by the reference: "L. 160-13";
(b) The second sentence of the fifth paragraph is deleted;
(c) The last sentence of the same fifth preambular paragraph becomes IV and, at the beginning, the word "He" is replaced by the words "A decree";
(d) The last paragraph is amended to read:
- at the beginning, the mention is added: "III.-";
- at the end of the first sentence, the words: "this coverage" are replaced by the words: "the collective coverage of compulsory membership of employees in respect of the supplementary reimbursement of expenses caused by illness, maternity or accident";
-the second sentence is deleted;
(e) Two subparagraphs are added:
"Employees in a fixed-term contract or in a mission contract may, on their initiative, exempt themselves from the obligation of affiliation if the duration of the compulsory membership coverage they receive in respect of the additional reimbursement of the costs incurred by a disease, maternity or accident is less than a threshold fixed by decree and if they justify the benefit of a coverage in accordance with the conditions laid down in Article L. 871-1. This period is estimated from the effective date of the employment contract and without taking into account the application, if any, of section L. 911-8.
"In addition, a decree sets out the categories of employees who may exempt themselves, on their initiative, from the obligation of coverage, in view of the nature or characteristics of their employment contract or the fact that they also have additional coverage. »
III.-After the same article L. 911-7, an article L. 911-7-1 is inserted as follows:
"Art. L. 911-7-1.-I.-The supplementary reimbursement coverage for expenses incurred by a sickness, maternity or injury of employees in fixed-term contracts, in a contract of mission or part-time referred to in this section is provided, in the cases provided for in II and III, by means of a payment by their employer of a representative sum of the financing resulting from the application of sections L. 911-7 and L. 911-8
"II.-This payment is conditional on the coverage of the person concerned by a supplementary health insurance contract covering the period concerned and meeting the conditions set out in section L. 871-1. The employee justifies this coverage. This payment cannot be accumulated with the benefit of additional coverage under section L. 861-3, assistance in the acquisition of supplementary health insurance under section L. 863-1, collective and compulsory coverage, including as entitled, or supplementary coverage resulting in the financial participation of a public community.
"A decree determines the terms and conditions under which the amount of the payment is determined, based on the funding implemented under articles L. 911-7 and L. 911-8, the duration of the contract and the duration of work provided by the contract.
"III.-A branch agreement may provide that the obligation to cover the risks referred to in I of this Article and, where applicable, the obligation referred to in Article L. 911-8 shall be insured under the only terms referred to in II of this Article for employees whose duration of the contract or the duration of the work provided by it is less than the thresholds fixed by this Agreement, within the limits fixed by decree.
"In the absence of a branch agreement relating to coverage referred to in I of Article L. 911-7 or where it permits, a business agreement may also include the provisions referred to in the first paragraph of this III.
"IV.- Employees who have submitted the exemption in the second paragraph of Article L. 911-7 shall be entitled to the payment referred to in I of this Article. »
IV.-The I of Article 1 of Act No. 2013-504 of 14 June 2013 on job security is thus amended:
1° In the first paragraph of the A and B, the words "for the minimum coverage referred to in the II" are replaced by the words "the ones mentioned in the II and III";
2° The 4° of A is repealed.
V.-A.-I to IV come into force on January 1, 2016.
B.-Until December 31, 2016, the employer may, by unilateral decision, provide for the supplementary reimbursement of expenses incurred by a worker's illness, maternity or accident referred to in Article III of Article L. 911-7-1 of the Social Security Code, under the conditions set out in Article II.
The first paragraph of this B is not applicable where employees referred to in the III of this Article L. 911-7-1 are already covered in a collective and compulsory manner pursuant to Article L. 911-1 of the same Code.
[Dispositions declared not in conformity with the Constitution by Constitutional Council Decision No. 2015-723 DC of 17 December 2015]
At the end ofIII of Article 4 of Act No. 2013-1203 of 23 December 2013 for 2014, the year: "2015" is replaced by the year: "2016".
For the year 2016, the amount W mentioned Articles L. 138-19-1 to L. 138-19-3 of the Social Security Code is set at 700 million euros and the L rate mentioned in articles L. 138-10 and L. 138-12 of the same code is set at - 1%.
The amount of 3.5 billion euros is approved for compensation for exemptions, reductions or reductions in contribution counts or social security contributions, referred to in Schedule 5 attached to the Social Security Financing Bill for 2016.
For the year 2016, revenue forecasts are approved by category in the annexed statement C to this Act, and the table of balance, by branch, of all mandatory basic social security schemes:
(In billions of euros)
| Disease | 194,9 | 201.1 | - 6.2 |
| Old age | 228,7 | 227,8 | 0.9 |
| Family | 48,8 | 49.6 | - 0.8 |
| Occupational accidents and diseases | 14.0 | 13.4 | 0.6 |
| All branches (excluding transfers between branches) | 472,8 | 478.3 | - 5.6 |
For the year 2016, revenue forecasts are approved by category in the annexed statement C to this Act, and the table of balance, by branch, of the general regime:
(In billions of euros)
| Disease | 171.7 | 177,9 | - 6.2 |
| Old age | 12.6 | 123.1 | 0.5 |
| Family | 48,8 | 49.6 | - 0.8 |
| Occupational accidents and diseases | 12.5 | 12.0 | 0.5 |
| All branches (excluding transfers between branches) | 344.0 | 350.0 | - 6.0 |
I. - For the year 2016, the revenue forecasts are approved by category in the annexed statement C to this Act, and the balance sheet of organizations involved in financing mandatory basic social security schemes:
(In billions of euros)
| Old-age solidarity fund | 16.4 | 20.1 | - 3.7 |
II. - For the year 2016, the social debt amortization objective by the Social Debt Fund is set at €14.2 billion.
III. - For the year 2016, the revenue forecast per category assigned to the Retirement Reserve Fund is:
(In billions of euros)
| Apportionment | 0 |
| Total | 0 |
IV. - For the year 2016, the revenue projections by category reserve by the Fonds de solidarité vieuxsse are set to:
(In billions of euros)
| Income | 0 |
| Total | 0 |
I.-They were authorized in 2016 to use non-permanent resources to meet their cash requirements, within the limits indicated in the table below:
(In millions of euros)
| Central Agency for Social Security-Period from 1 January to 31 July 2016 | 40 000 |
| Central Agency for Social Security-Period from 1 August to 31 December 2016 | 30 000 |
| Central Fund for Agricultural Social Mutuality | 3 950 |
| National Autonomous Fund for Social Security in Mine-Period from 1 to 31 January 2016 | 1 050 |
| National Autonomous Fund for Social Security in Mine-Period from 1 February to 31 December 2016 | 350 |
| Staff pension and pension fund of the Société nationale des chemins de fer français | 350 |
| National Electrical and Gas Industry Fund | 250 |
II.-The 1st of Article L. 225-1-4 of the Social Security Code is supplemented by the words: "and the old age insurance scheme of the special social security regime in mines".
The report in Appendix B to this Act describes, for the next four years (2016 to 2019), the revenue forecasts and spending targets per branch of the mandatory basic social security plans and the general plan, the revenue and expenditure forecasts of the organizations involved in the financing of these plans and the national objective of health insurance expenditures.
PART IV
PROVISIONS FOR EXPENDITURE EXERCICE 2016
I. - Book V of the Social Security Code is amended as follows:
1° Section L. 523-1 is amended as follows:
(a) At 3°, after the word: "Find," the words are inserted: "If they are considered to be such, under conditions fixed by decree, as being";
(b) After the 3°, it is inserted a 4° as follows:
« 4° Any child whose father or mother, or father and mother, is in full compliance with their maintenance obligations or the payment of a maintenance allowance to them by court decision, where the corresponding amount is less than that of the family support allowance. In this case, a differential family support allowance is paid. The terms and conditions for the application of this 4°, in particular the conditions under which, in the absence of a prior court decision, the amount of maintenance obligation taken into account for the calculation of the differential family support allowance is retained, are fixed by decree in the Council of State. » ;
2° Article L. 581-2 is supplemented by a paragraph as follows:
"In the case set out in the 4th of Article L. 523-1, the differential allowance is not recovered and remains acquired to the creditor. »
II. - Article L. 213-4 of the Code of Civil Enforcement Procedures is supplemented by a paragraph thus written:
"When a family benefit debtor is acting on behalf of a food creditor, the direct payment procedure is applicable to terms due to the maintenance for the last twenty-four months prior to the notification of the direct payment request. The settlement of these amounts is made by equal fractions over a period of twenty-four months. »
III. - In the first sentence of the first paragraph of Article L. 3252-5 of the Labour Code, after the words: "food pensions" are inserted the words: "or the last twenty-four months when the family benefit agency acts on behalf of the creditor".
IV. - This article is applicable to Saint-Barthélemy and Saint-Martin.
V. - This section comes into force on April 1, 2016.
I.-The Social Security Code is amended as follows:
1° Section L. 212-1 is amended as follows:
(a) The second sentence of the first paragraph is deleted;
(b) At the end of the second paragraph, the words: "and State personnel" are deleted;
2° Section L. 755-10 is amended as follows:
(a) The first paragraph is deleted;
(b) In the second paragraph, after the word: "public servants" are inserted the words: "of the State and public hospital and territorial functions";
3° Section L. 755-10-1 is repealed.
II.-The I shall enter into force on a date fixed by decree and no later than 1 January 2017.
III.-I and II are applicable to Saint-Barthélemy and Saint-Martin.
IV.-Section 7 of Order No. 96-51 of 24 January 1996 on urgent measures taken to restore the financial balance of social security is repealed.
I.-Section 11 of Order No. 77-1102 of 26 September 1977, extending and adapting to the Department of Saint-Pierre-et-Miquelon various provisions relating to social affairs, is amended as follows:
1° At 1°, the reference: « from 6°, » is deleted;
2° After 5°, it is inserted a 5° bis as follows:
“5° bis Articles L. 523-1 to L. 523-3; »
3° The 6° is thus modified:
(a) The first paragraph is as follows:
"6° Articles L. 531-1 to L. 531-10 subject to the following modifications:"
(b) A to c are repealed;
(c) It is added an e as follows:
“e) At the beginning of the first paragraph of Article L. 531-8, the words: “the funds pour” are replaced by the words: “the Social Insurance Fund pays”;”
4° At the end of the 9th, the words: "with the exception of the last paragraph" are deleted;
5° After the first occurrence of the reference: "L. 551-1", the end of the 11° is deleted;
6° At the end of the d of 13°, the words: "the last two paragraphs are deleted" are replaced by the words: "the penultimate paragraph is deleted";
7° After 14°, it is inserted a 14° bis as follows:
"14° bis Articles L. 581-1 to L. 581-10 subject to the following modifications:
“(a) At the beginning of article L. 581-1, the words: “Organizations and services to which the family benefit service is responsible are entitled to assist” are replaced by the words: “The Social Insurance Fund of Saint-Pierre-et-Miquelon is authorized to provide its assistance”;
“(b) At the beginning of the first sentence of the last paragraph of Article L. 581-2, the words: “The debtor body of family benefits is subrogated” are replaced by the words: “The Social Insurance Fund is subrogated”;
"(c) In the last two paragraphs of Article L. 581-3 and in the first paragraph of Article L. 581-4, the words: “the debtor of family benefits” are replaced by the words: “the social insurance fund”;
"(d) At the beginning of the second sentence of the second paragraph of Article L. 581-4, the words: “The debtor body remains subrogated” are replaced by the words: “The Social Insurance Fund remains subrogated”;
“e) At the beginning of the third paragraph and at the end of the last paragraph of Article L. 581-4, in the first sentence of Article L. 581-7, in the first sentence of the second paragraph and at the end of the sixth paragraph of Article L. 581-10, the words: “the obligor of family benefits” are replaced by the words: “the Social Insurance Fund”;
“(f) In the first paragraph of Article L. 581-5, the words: “the debtor agency” are replaced by the words: “the Social Insurance Fund”;
“(g) In the first paragraph of Article L. 581-6, the words “debtedness of family benefits” are replaced by the words “of the Social Insurance Fund”;
“(h) In the first sentence of Article L. 581-7 and in the second and last paragraphs of Article L. 581-10, the words: “State representative in the department” are replaced by the words: “State representative in the community”;
“(i) In article L. 581-8, the words: “Family benefit organizations may” are replaced by the words: “The Social Insurance Fund may” and the word: “they” is replaced by the word “they”;
“j) Section L. 581-9 is amended as follows:
“In the first sentence, the words: “The family allowances are entitled to consent on their” are replaced by the words: “The Social Insurance Fund is empowered to consent on its”;
“In the second sentence, the words: “They are then subrogated” are replaced by the words: “It is then subrogated”;
“(k) Section L. 581-10 is amended as follows:
“In the first paragraph, the words: “the debtor family benefit organizations may be entrusted on behalf of these organizations” are replaced by the words: “the Social Insurance Fund may be entrusted on behalf of that organization”;
"In the third paragraph, the words: "As soon as they have seized the representative of the State in the department, the debtors of family benefits can no longer, until they are informed" are replaced by the words: "As soon as it has seized the representative of the State in the community, the Caisse de prévoyance sociale can no longer, until it is informed" and the word: "
"-to the penultimate paragraph, the words: “family allowances” are replaced by the words: “social foresight”;
“At the beginning of the last paragraph, the words: “When a family benefit debtor” are replaced by the words: “When the Social Insurance Fund”;”.
II.-The I comes into force on January 1, 2016.
For the year 2016, the spending targets of the Family Social Security branch are set at €49.6 billion.
I.-Le a du 8° de l'article L. 5552-16 du code des transports est ainsi écrit :
“(a) A replacement income, allowance or remuneration referred to in 2° of Article L. 351-3 of the Social Security Code ;».
II.-The I applies for liquidated pensions effective January 1, 2016.
For the year 2016, the expenditure targets of the Older branch are set:
1° For all compulsory basic social security schemes, at 227,8 billion euros;
2° For the general social security regime, € 123.1 billion.
The Social Security Code is thus amended:
1° Article L. 161-22 is amended as follows:
(a) In the second paragraph, the words: "providing income that, in addition to pensions served by the general social security system, the agricultural wage system or one of the special pension plans within the meaning of Article L. 711-1" are replaced by the words: "with respect to the general social security regime, the agricultural wage system or one of the special pension plans as defined in Article L. 711-1 and with income that is added to those pension plans,
(b) The third paragraph reads as follows:
"When the addition of income and pensions referred to in the second paragraph exceeds the ceiling referred to in the same paragraph, the insured person shall inform the competent credit union(s) and each pension served by these plans shall be reduced to the extent of the excess, under conditions established by decree. » ;
2° Article L. 634-6 is amended as follows:
(a) In the first paragraph, after the word: "activity", the words are inserted: "related to old-age insurance schemes of artisanal, industrial and commercial occupations and";
(b) In the second paragraph, after the word: "activity", the words "referred to in the first paragraph" and the words "in the previous paragraph" are replaced by the words "in the same paragraph";
3° Article L. 643-6 is amended as follows:
(a) In the first paragraph, after the word: "activity", the words are inserted: "under the old age insurance scheme of the liberal professions and";
(b) In the second paragraph, after the word "activity", the words "in the first paragraph" are inserted and the words "in the previous paragraph" are replaced by the words "in the same paragraph".
After the III of Article L. 173-1-2 of the Social Security Code, in its writing resulting from Act No. 2014-40 of 20 January 2014 guaranteeing the future and justice of the pension system, are inserted from the III bis and III ter thus written:
"III bis.-This article is applicable to insured persons born on 1 January 1953.
"III ter.-The II of this article is also applicable to reversion pensions where the deceased or missing spouse's own old-age pension has or would have raised this article. »
Article L. 351-2 of the Social Security Code is amended as follows:
1° The second sentence of the first paragraph is deleted;
2° The second paragraph is deleted.
After Article L. 351-3 of the Social Security Code, an article L. 351-3-1 is inserted as follows:
"Art. L. 351-3-1.-The 1st of Article L. 351-3 is not applicable to persons seconded in France who are under an international social security agreement and who are not affiliated with a compulsory French pension scheme. »
The first sentence of the 5th of Article L. 742-6 of the Social Security Code is thus amended:
1° After the word: "affiliated" are inserted the words: "last and";
2° The words are added: ", because of their age, cannot claim old age benefits and do not engage in any professional activity that may be subject to a social security regime."
TheArticle 19 of Law No. 2014-40 of 20 January 2014 guaranteeing the future and justice of the pension system is complemented by an XI, which reads as follows:
" XI.-A decree in the Council of State sets out the specific modalities for the application of this article for former agents, under the mine-retirement regime, of one of the mining or ardoising enterprises mentioned in the Title I of Act No. 2004-105 of 3 February 2004 establishing the National Agency for the Guarantee of the Rights of Minors and various provisions relating to mines, where the company has ceased its activity or was terminated before December 31, 2015. »
Prior to 1 July 2016, the Government submits to Parliament a report on the conditions for the reassessment of the amount of the pension for the service plan.
I. - The amount of the contribution of the branch Industrial Accidents and Occupational Diseases of the general social security system to the financing of the Asbestos Victim Compensation Fund is set at 430 million euros for the year 2016.
II. - The amount of the contribution of the branch Industrial Accidents and Occupational Diseases of the general social security regime to the financing of the Asbestos workers' early termination fund is set at €600 million for the year 2016.
III. - The amount of the payment mentioned in theArticle L. 176-1 of the Social Security Code is set at one billion euros for the year 2016.
For the year 2016, the expenditure targets of the Occupational Accidents and Diseases branch are set:
1° For all compulsory basic social security schemes, at 13.4 billion euros;
2° For the general social security regime, $12.0 billion.
I.-Chapter I of Book I of the Social Security Code is amended as follows:
1° Article L. 111-1 is as follows:
"Art. L. 111-1.-Social security is based on the principle of national solidarity.
"It ensures, for any person working or residing in France on a stable and regular basis, the coverage of sickness, maternity and paternity charges and family expenses.
"It guarantees workers against the risks of any kind that could reduce or suppress their income. This guarantee is exercised by the affiliation of the interested to one or more mandatory regimes.
"It provides for the care of health expenses, the service of social insurance benefits, including old-age benefits, the service of occupational injury and sickness benefits, and the service of family benefits under this Code, subject to the provisions of international conventions and the provisions of European regulations. » ;
2° The first two paragraphs of Article L. 111-2-1 are thus written:
"I.-The Nation affirms its commitment to the universal, compulsory and supportive nature of the care provided by social security.
"Protection against the risk and consequences of the disease is ensured to everyone, regardless of age and state of health. Each contributes, depending on its resources, to the financing of this protection. » ;
3° Article L. 111-2-2 is as follows:
"Art. L. 111-2-2.-Subject to regularly ratified or approved international treaties and agreements and European regulations, are affiliated with a mandatory social security regime under this Code, regardless of their place of residence, all persons:
« 1° Who exercise in French territory:
“(a) An activity on behalf of one or more employers, whether or not having an establishment in France;
“(b) Non-employed work;
« 2° Who performs a professional activity abroad and are subject to French social security legislation in accordance with European regulations or international conventions. » ;
4° An article L. 111-2-3 is added as follows:
"Art. L. 111-2-3.-A decree in the Council of State specifies, without prejudice to the specific rules applicable to the service of benefits or allowances, the conditions for assessing the stability of the residence and the regularity of the stay referred to in Article L. 111-1. »
II.-The same book I is amended as follows:
1° In the first sentence of the first paragraph of Article L. 114-10, after the word "benefits", the words ", control of respect for residence conditions" are inserted;
2° After the article L. 114-10, an article L. 114-10-1 is inserted as follows:
"Art. L. 114-10-1.-Organizations responsible for the management of a compulsory social security regime organize the monitoring of respect for residence conditions in France. This control is, whenever possible, carried out from audits carried out by another social security organization. » ;
3° Article L. 115-7 becomes Article L. 114-10-2 and, in the first sentence of the first paragraph, the words: "payment" are replaced by the words: "assignment";
4° After the article L. 114-10-2, as a result of the 3rd of this II, an article L. 114-10-3 is inserted as follows:
"Art. L. 114-10-3.-I.-The Union nationale des caisses d'assurance maladie establishes a repository, approved by the State, specifying the conditions of control applied by the health-care institutions, as provided for in Article L. 160-1, to ensure compliance with the conditions required to benefit from it, including those provided for in Articles L. 114-10-1 and L. 114-10-2. This repository distinguishes control processes involving information exchanges and those requiring direct control from social insurance.
"II.-When an organization finds, after conducting the necessary audits, that a person is not entitled to the care of health expenses by social security, it notifies the person's finding and invites him to make his observations. The person makes his or her observations known to the body and provides, where appropriate, the supporting documents necessary to maintain his or her rights. If the submissions and the documents produced are insufficient to justify the maintenance of the rights or in the absence of a response from the individual, the benefit service is terminated. The data subject is previously informed.
"III.-The modalities for the application of the II of this article are defined by decree in the Council of State. » ;
5° Article L. 114-12 is amended as follows:
(a) At 3°, the words "especially old age pension" are deleted;
(b) It is added a 4° as follows:
« 4° Allow to establish compliance with the conditions of residence for the opening of rights and the service of benefits. » ;
6° At the end of the first sentence of the ninth paragraph of Article L. 114-12-1, the words "as well as the address declared to the organizations to perceive them" are replaced by the words: "the address declared to the organizations to perceive them, as well as information allowing to attest to respect for the conditions of residence";
7° After article L. 114-12-3, an article L. 114-12-4 is inserted as follows:
"Art. L. 114-12-4.-In respect of Act No. 78-17 of 6 January 1978 relating to computing, files and freedoms, the organizations and administrations mentioned in sections L. 114-12 and L. 114-14 shall exchange information strictly necessary for the control of the respect for the conditions of residence provided for the opening of rights and the service of benefits, using the registration number in the national directory of identification of natural persons referred to in Article L. 114-12-1. » ;
8° Article L. 162-1-14 becomes Article L. 114-17-1 and, at 2° of II, after the word "justifying" are inserted the words: "the opening of their rights and".
III.-The Social Security Code is amended as follows:
1° At the beginning of Title VI of Book I, a preliminary chapter is added entitled: " Provisions relating to the care of health expenses";
2° In the same preliminary chapter, a section 1 entitled: "Relations relating to beneficiaries" includes articles L. 160-1 to L. 160-7, as they result from 3° to 6° of this III;
3° In the same section 1, articles L. 160-1 to L. 160-4 are inserted as follows:
"Art. L. 160-1.-Any person working or, in the absence of a professional activity, residing in France on a stable and regular basis shall, in the event of illness or maternity, be entitled to the care of his or her health expenses under the conditions set out in this book.
"The exercise of a professional activity and the conditions of residence in France are appreciated according to the rules set out in articles L. 111-2-2 and L. 111-2-3, respectively.
"Art. L. 160-2.-By derogation from section L. 160-1, children who are not engaged in any professional activity are entitled to their health care expenses, provided that filiation, including adoptive, is legally established or are pupils of the Nation whose insured person is a guardian or a child collected.
"The rightful status ends in the year in which the child reaches the age of his or her majority, on the first day of the period referred to in Article L. 381-8, whether or not the child pursues studies in schools, schools or classes referred to in Article L. 381-4.
"The child who has attained the age of sixteen may apply, in accordance with the terms set out in the decree, to receive, as a personal measure, the care of his or her health expenses in the event of illness or maternity.
"A child who, who has attained the age of sixteen, pursues studies in schools, schools or classes referred to in the same article L. 381-4 automatically benefits from the care of his or her personal health expenses.
"Children who are cared for by the child welfare services may, upon request of persons or institutions who provide them with reception or custody, be independently identified within the social insurance system. These persons or institutions are entitled, on behalf of the insured, to the care of the health expenses of the insured person in the event of illness or maternity.
"Art. L. 160-3.-When they reside abroad and do not exercise professional activity, they shall be entitled, during their temporary stays in France, to the care of their health expenses provided for in Article L. 160-1, provided that the benefit likely to open the right to such care is not the provision referred to in Article L. 161-22-2:
« 1° Holders of a pension or old-age pension or a reversion pension served by a French basic social security system;
« 2° Holders of an annuity or allowance allocated under statutory provisions on occupational accidents and occupational diseases applicable to non-agricultural occupations;
« 3° Holders of an old-age pension substituted for a disability pension or disability pension, served by one or more French basic plans;
« 4° Persons referred to in Article L. 117-3 of the Code of Social Action and Families.
"In the event of hospitalization, the charge of the costs is subordinate to a control carried out under conditions fixed by decree in the Council of State.
"When the care referred to in the first paragraph of this article is provided by European regulations or international agreements, it is extended, under the conditions provided for by these regulations or agreements, to health care received abroad by pensioners, annuity or allowance referred to in 1° to 4°.
"Art. L. 160-4.-Benefits from the care of health expenses when they do not have a professional activity in France:
« 1° Members of the family who accompany workers temporarily detached from France to perform a professional activity and who are exempt from affiliation with the social security system of the State of Detachment pursuant to an international social security agreement or a European regulation;
« 2° Members of the family at the expense of an insured person of the French social security system who do not reside in France and receive such care under an international social security agreement or a European regulation;
« 3° Members of the diplomatic and consular staff or officials of the French Republic and persons assimilated abroad, as well as members of their families accompanying them. » ;
4° Article L. 161-2-1 becomes Article L. 160-5 and is amended as follows:
(a) The first paragraph is as follows:
"Any person who declares to a primary health insurance fund, under conditions set by decree, shall not be entitled to the care of the health expenses referred to in Article L. 160-1 shall be entitled to such care from the credit union as soon as it justifies its identity and its permanent and regular residence. » ;
(b) The last paragraph is deleted;
5° Section L. 380-3 becomes Article L. 160-6 and is amended as follows:
(a) The first paragraph is as follows:
"Section L. 160-1 does not apply to the following persons if they do not have a complementary professional activity in France:"
(b) The 3rd is thus restored:
« 3° Persons who have a foreign pension that do not otherwise benefit from a compulsory French social security regime when, under a European regulation or an international agreement, the care of their health expenses and those of their family members who reside with them falls under the foreign pension plan; »
(c) After the word "regulation", the end of the 5th is thus written: "European, the members of their families accompanying them or any other person under the social security legislation of another State because of its professional activity, as well as the family members of that person who resides with it in a stable and regular manner in France; »
(d) At 6°, the words "the Community" are replaced by the words "the Union" and, after the word "European", are inserted the words "or the Swiss Confederation";
6° Section L. 332-3 becomes Article L. 160-7 and is amended as follows:
(a) In the first paragraph, the words "and international regulations" are replaced by the words "international and European regulations", the words "to their rightful persons" are replaced by the words: "to persons referred to in Article L. 160-2" and the words: "considers of insurance" are replaced by the words "in case of";
(b) The second paragraph is amended to read:
- in the first sentence, the words: "his rightful persons" are replaced by the words: "the persons referred to in Article L. 160-2" and, after the word: "European", are inserted the words: "or the Swiss Confederation";
-the last two sentences are deleted;
7° In the preliminary chapter of title VI of Book I, as it results from 1° of this III, is inserted a section 2 entitled "Relations relating to benefits" and comprising articles L. 160-8 to L. 160-12, as they result from 8° to 12° of this III;
8° In the same section 2, an article L. 160-8 is inserted as follows:
"Art. L. 160-8.-Social protection against the risk and consequences of the disease provided for in Article L. 111-2-1 includes:
« 1° Coverage of general and special medical expenses, dental care and prostheses, pharmaceutical fees and appliances, medical examination fees, including coverage of fees for individual investigative acts, hospitalization and medical treatment expenses in care, functional rehabilitation and re-education or vocational education institutions, as well as costs for surgical examinations
« 2° The coverage of the transportation costs of persons who are under the obligation to travel to receive the care or examinations appropriate to their condition as well as to submit to a control prescribed in accordance with the social security legislation, according to the rules defined in articles L. 162-4-1 and L. 322-5 and in the conditions and limits taking into account the state of the sick and the cost of transport fixed by decree in the Council of State;
« 3° Coverage, by decision of the commission mentioned to theArticle L. 146-9 of the Code of Social Action and Families, the costs of accommodation and treatment of children or adolescents with disabilities in the establishments mentioned in 2° and 12° of the I of Article L. 312-1 of the same code as that of the treatment costs associated with their education provided outside these institutions, with the exception of the part of these costs to the State in accordance with the articles L. 112-1 to L. 112-4, L. 123-4-2, L. 351-1 to L. 351-3 and L. 352-1 the code of education;
« 4° Coverage of care and hospitalization expenses for the voluntary termination of pregnancy under the conditions set out in Book II of Part II of the Public Health Code;
« 5° Coverage of costs related to preventive acts and treatments carried out under the programs referred to in Article L. 1411-6 of the same code, including costs related to screening examinations and prevention consultations carried out under the programmes provided for in Article L. 1411-2 of the said Code, as well as costs related to vaccinations listed by decree of ministers responsible for health and social security;
« 6° Coverage of costs related to the oral prevention examination referred to in section L. 2132-2-1 of the same code. » ;
9° Section L. 331-2 becomes Article L. 160-9 and is amended as follows:
(a) At the beginning of the first and second paragraphs, the words: "Maternity insurance" are replaced by the words: "Social protection against the risks and consequences of maternity";
(b) It is added a paragraph to read:
"The insured person and his or her eligible persons shall not bear any participation in the costs set out in this section. » ;
10° Section L. 322-1 becomes Article L. 160-10 and is amended as follows:
(a) In the first sentence of the first paragraph, the words: "the primary health insurance fund" are replaced by the words: "the benefit organizations";
(b) In the second sentence of the same first paragraph, the words: "paid either directly to the insured person or to the entitled persons referred to in the second sentence of Article L. 161-14-1," are replaced by the words: "paid to the health professional in the context of the paid third party mechanism or refunded directly to the insured person,"
11° After Article L. 160-10, as the result of 10° of this III, an article L. 160-11 is inserted as follows:
"Art. L. 160-11.-The share of the insured for the payment of health insurance benefits is prescribed by two years beginning on the first day of the quarter following that to which such benefits relate. For the payment of maternity insurance benefits, it is prescribed by two years from the date of the first medical assessment of pregnancy.
"The share of the persons entitled to the insured for the payment of the capital under section L. 361-1 is prescribed by two years from the day of death.
"This requirement is also applicable, from the payment of benefits in the hands of the beneficiary, to the action brought by a paying agency in the recovery of unduly paid benefits, except in the case of fraud or misrepresentation. » ;
12° Article L. 322-7 becomes Article L. 160-12 and, in the first paragraph, the words "in kind" are deleted and the references: "1°, 2°, 3°, 4°, 6° and 7° of Article L. 321-1" are replaced by the references: "1° to 6° of Article L. 160-8";
13° In the preliminary chapter of title VI of Book I, as the result of the 1st of this III, is inserted a section 3 entitled " Participation of the social insured" and comprising articles L. 160-13 to L. 160-16, as they result from the 14th to 17th of this III;
14° Article L. 322-2 becomes Article L. 160-13 and, in the first sentence of the first paragraph of the I and the third paragraph, the reference: "L. 321-1" is replaced by the reference: "L. 160-8";
15° Section L. 322-3 becomes Article L. 160-14 and is amended as follows:
(a) In the first paragraph, the reference: "L. 322-2" is replaced by the reference: "L. 160-13";
(b) At 6°, 16°, 17°, 19° and 20°, the reference: "L. 321-1" is replaced by the reference: "L. 160-8";
(c) At 13°, the words: "beneficiaries of the provisions of sections L. 311-10, L. 313-4" are replaced by the words: "beneficiaries of a disability pension and beneficiaries of sections L. 341-15";
(d) At 14°, the words: "right persons" are replaced by the words: "people referred to in Article L. 161-1 attached to";
(e) At 16°, the reference: "6°" is replaced by the reference: "5°";
(f) At 17°, the reference: "9°" is replaced by the reference: "6°";
16° Article L. 322-4 becomes Article L. 160-15 and is amended as follows:
(a) In the first paragraph, the words "his minor rights" are replaced by the words "minor";
(b) In the first paragraph and at the end of the second paragraph, the reference: "L. 322-2" is replaced by the reference: "L. 160-13";
17° Article L. 322-8 becomes Article L. 160-16 and is amended as follows:
(a) The words "insured and their rightful persons" are replaced by the word "persons";
(b) The words: "free of in-kind health insurance benefits mentioned" are replaced by the words: "full care for health expenses under the conditions provided for";
18° The preliminary chapter of title VI of Book I, as it results from 1° of this III, is supplemented by a section 4 as follows:
“Section 4
" Provisions relating to the organization and service of benefits
"Art. L. 160-17.-The care of the health expenses referred to in Article L. 160-1 shall be carried out, for persons engaged in professional activity, by the bodies responsible for the management of the mandatory plans to which they are affiliated for the service of social insurance benefits, under conditions defined by decree. This decree also determines the conditions under which these bodies cover the health costs of people who do not engage in professional activity.
"This decree also specifies the terms and conditions under which persons who are not affiliated in a professional capacity may apply to be managed by the body of their spouse, the person to whom they are bound by a civil covenant of solidarity or their concubine.
« Mutuals or groupings of mutuals governed by the code of mutuality are authorized to carry out management operations for the care of insured persons ' health costs referred to in articles L. 381-4, L. 712-1 and L. 712-2. For insured persons referred to in section L. 613-1, the same organizations as well as the organizations responsible for the management of mandatory plans and insurers or groups of insurers governed by the insurance code receive delegation for the execution, in whole or in part, of management operations.
"Organisms benefiting from a management delegation conclude a convention with the agencies responsible for managing mandatory plans. The agreements concerning the management of benefits to insured persons referred to in Article L. 613-1 shall be entered into at the national level between the National Fund and the national bodies representing the organizations referred to in the third paragraph of this Article. The implementation of the national convention is subject to local contracts between the aforementioned national bodies and their affiliated bodies.
"Organizations to which management operations are entrusted receive health insurance funds from management discounts in return for the operating expenses exposed to the performance of management operations.
"A decree in the Council of State determines the modalities for the organization, implementation and financing of these management operations, including in the framework of conventions, as well as the modalities for evaluating their results. The conventions specify, where appropriate, the conditions under which the organizations concerned may participate in the actions relating to access to rights and risk management.
"This decree also determines the conditions under which these management operations may be terminated in the event of failures making it impossible to manage mandatory regimes under normal conditions. »
IV.-Chapter I of title VI of book I of the same code is amended as follows:
1° Article L. 161-1 is thus restored:
"Art. L. 161-1.-Unless otherwise provided, by family member, the meaning of this code is as follows:
« 1° The spouse of the social insured, his concubine or the person to whom he is bound by a civil pact of solidarity;
« 2° Minor children in their care and, up to a limiting age and under conditions determined by decree in the Council of State:
“(a) Children who continue their studies;
“(b) Children who, as a result of chronic infirmities or diseases, are in the permanent impossibility of exercising wage labour;
« 3° The ascendant, the descendant, the collateral to the third degree or the allied to the same degree of the social insured, who lives in the home of the latter and who devotes himself exclusively to the work of the household and to the education of children at the expense of the social insured. The number and age limits of children are set by decree in the Council of State. » ;
2° Article L. 161-2 is repealed;
3° In Article L. 161-3, the words: "Motherhood insurance is awarded" are replaced by the words: "Motherhood insurance benefits are awarded" and, after the word: "that" are inserted the words: "Cash benefits";
4° Article L. 161-8 is amended as follows:
(a) In the first paragraph, the words ", either as an insured, or as a qualifying, of the general plan or of the regimes attached to it" are replaced by the words: "a compulsory health and maternity insurance scheme" and the words: "a health insurance, maternity, disability and death for periods that may be different depending on whether it is in kind or in cash benefits" are replaced
(b) The second paragraph is amended to read:
-the first sentence is as follows:
"It also maintains the right to disability insurance and death benefits of the General Plan and associated plans. » ;
- in the second sentence, the words: "in these periods" are deleted;
5° Article L. 161-15 is as follows:
"Art. L. 161-15.-The separate spouse of law or fact who is found, due to the failure of the other spouse to present the necessary justifications, in the impossibility of obtaining for his minor children the care of health expenses in the event of illness and maternity has a direct action in payment of these benefits, under conditions fixed by decree in the Council of State. » ;
6° In Article L. 161-15-1, the words "in-kind insurance benefits" are replaced by the words "in-kind health care in case of" and the reference: "L. 380-1" is replaced by the reference: "L. 160-1";
7° In the first two paragraphs of Article L. 165-9, the words "or its rightful person" are deleted.
V.-Article L. 182-2 of the Social Security Code is amended as follows:
1° At the end of the 3rd, the reference: "L. 322-2" is replaced by the reference: "L. 160-13";
2° It is added a 7° as follows:
« 7° To establish the repository referred to in Article L. 114-10-3. »
VI.-At 2° of Article L. 182-2-3 of the same code, the reference: "L. 322-2" is replaced by the reference: "L. 160-13" and the reference: "L. 322-3" is replaced by the reference: "L. 160-14".
VII.-At 1° of Article L. 200-1 of the same code, after the word "title" are inserted the words "of the care of health expenses and".
VIII.- Book III of the Social Security Code is amended as follows:
1° In Article L. 311-1, the words "cover" are replaced by the words: "insurance of cash benefits related to";
2° Article L. 311-5 is amended as follows:
(a) In the first sentence of the first paragraph, after the word "benefits", the words "in cash" are inserted;
(b) The second to last paragraphs are deleted;
(c) In the last paragraph, the words "for themselves and their rightful persons" are deleted and, after the word "benefits" are inserted the words "in cash";
3° In the first sentence of the first paragraph of Article L. 311-7, the words: "their rightful persons" are replaced by the words: "the persons referred to in Article L. 161-1 of this Code that are attached to them";
4° Section L. 313-1 is amended as follows:
(a) I is thus modified:
- at the end of the first paragraph, the words: "and open straight" are deleted;
-the 1st is repealed;
-at 2°, the reference: "at 5°" is replaced by the word: "to";
-at 3°, after the word: "benefits" are inserted the words: "in cash";
(b) At 1° of II, the reference: "at 5°" is replaced by the word: "to" and the reference: "2° of the first paragraph" is replaced by the reference: "2° of the I";
5° Section L. 321-1 is amended as follows:
(a) The first paragraph is deleted;
(b) 1° to 4°, 6° and 9° are repealed;
(c) In the sixth paragraph, the words "5°" are deleted and the words "Octroi" are replaced by the words: "Health insurance ensures payment";
6° The first paragraph of Article L. 321-2 is deleted;
7° At the end of the 1st of Article L. 330-1, the reference: "L. 331-2" is replaced by the reference: "L. 160-9";
8° The first paragraph of Article L. 332-1 is amended as follows:
(a) The words: "and entitled persons referred to in Article L. 161-14-1" are deleted;
(b) After the words: "benefits" are inserted, twice, the words "in cash";
9° Section L. 371-1 is amended as follows:
(a) The first paragraph is amended to read:
-the words: "who cannot justify the conditions laid down in articles L. 313-1 and L. 341-2 and the decree taken for their application has the right or right, provided, however, that the rent or the allowance corresponds" are replaced by the words: "who corresponds";
-the words added: "is entitled to the care of its health expenses in the event of illness and maternity, under the conditions laid down in article L. 160-14. » ;
(b) 1° and 2° are repealed.
IX.-The second paragraph of section L. 613-4 of the same code is deleted.
X.-Article L. 613-12 of the Social Security Code is as follows:
"Art. L. 613-12.-Articles L. 160-7 and L. 160-10, chapter II of title VI of Book I and articles L. 314-1 and L. 324-1 are applicable to the regime established by this title in accordance with the terms fixed by decree in the Council of State. »
XI.-A.-The second paragraph of Article L. 131-9 of the same code is amended as follows:
1° In the first sentence, the words: "are compulsory for a French health insurance plan" are replaced by the words: "are obligatory to take care of their health expenses under Article L. 160-1";
2° In the second sentence, the words: "insured with a French health insurance plan" are replaced by the words: "people receiving the care of their health expenses under Article L. 160-1".
B.-Chapter I of Book I title VI of the same code is amended as follows:
1° Article L. 161-9 is amended as follows:
(a) The first paragraph is amended to read:
- at the beginning of the first sentence, the words are added: "In case of resumption of work,"
-the words: " retain their rights to health insurance and maternity benefits of their original plan for as long as they receive such benefit or leave. In the event of resumption of work, the above-mentioned persons are deleted;
- in the second sentence, the words: "in nature and" are deleted;
(b) In the first sentence of the second paragraph, the words "in kind and" are deleted;
2° In the first two paragraphs of Article L. 161-9-3, the words: "in kind and" are deleted;
3° Article L. 161-15-4 is amended as follows:
(a) In the first paragraph, the reference: "L. 380-1" is replaced by the reference: "L. 160-1";
(b) At the end of the second paragraph, the reference: "L. 162-1-14" is replaced by the reference: "L. 114-17-1".
C.-At the beginning of the first paragraph of Article L. 172-1 A of the same code, the words: "When the payment of sickness and maternity insurance benefits in kind or in cash" are replaced by the words: "When, in case of illness or maternity, the payment of cash benefits".
D.-At 1° of Article L. 213-1 of the same code, the words: "Social Insurance, Work Accidents, Family Allowances" are replaced by the words: "Social Security".
E.-Le titre IV du livre II du même code est ainsi modifié :
1° In the first paragraph of I and III and in the second paragraph of Article L. 241-10, in the first paragraph of Article L. 241-11 and in the first paragraph and in the first sentence of the second paragraph of Article L. 241-12, the words: "social insurance and family allowances" are replaced by the words: "social security, with the exception of those caused by accidents of work and occupational diseases"
2° At the 1° of the I bis of Article L. 241-10, the words "insurance" are replaced by the words "in the branch";
3° In the second paragraph of Article L. 241-11, the words "social insurance, family allowances and occupational accidents" are replaced by the words "social security";
4° In the first sentence of the first and third paragraphs of Article L. 242-1 and the last paragraph of Article L. 242-3, the words "social insurance, industrial accidents and family allowances" are replaced by the words "social security";
5° In section L. 242-4-3, the words: "the employer's responsibility for social insurance and family allowances" are replaced by the words: "social security at the expense of the employer".
F.-In the first paragraph of Article L. 252-1 of the same code, the words "insurance" are replaced by the words "the branch".
G.-Chapter I of Title VII of Book III of the same Code is amended as follows:
1° In the first paragraph of Article L. 371-3, the words "for him and his family members, within the meaning of Article L. 313-3" are deleted;
2° The second paragraph of Article L. 371-6 is amended as follows:
(a) In the first sentence, the words: " enjoy, as well as members of their families, within the meaning of Article L. 313-3 of the benefits in kind of health insurance and benefit" are replaced by the words: "benefit from the care of the health expenses referred to in Article L. 160-1 and" and the reference: "to the 4th" is replaced by the word "to";
(b) At the beginning of the second sentence, the words: "But they are dispensed, for them personally," are replaced by the words: "They are dispensed."
H.- Title VIII of Book III of the same Code is amended as follows:
1° The first paragraph of Article L. 381-20 is as follows:
"This section applies to the following persons:"
2° The first paragraph of Article L. 381-23 is as follows:
"The care of the health expenses of the persons referred to in Article L. 381-20 is assured:"
3° Section L. 381-30 is amended as follows:
(a) In the first paragraph, the words: "are obligatoryly affiliated with health insurance and maternity insurance" are replaced by the words: "are covered by their health expenses incurred by the";
(b) The second paragraph is amended to read:
- at the beginning, the words are added: "By derogation from the first paragraph";
-the words: "they are affiliated to" are replaced by the words: "the care of their health expenses is provided by the";
(c) The third paragraph is deleted;
4° Section L. 381-30-1 is amended as follows:
(a) The first paragraph is deleted;
(b) The second preambular paragraph reads as follows:
"Inmates are exempted from the advance of their costs for the part guaranteed by the general regime and for the participation referred to in I of Article L. 160-13 as well as for the daily package provided for in Article L. 174-4, which is covered by the State in accordance with the terms provided for in Article L. 381-30-5. » ;
(c) In the penultimate paragraph, the words: "By derogation from the first paragraph" are deleted and the words: "in kind of insurance benefits" are replaced by the words: "in the case of health care costs";
(d) The last paragraph is deleted;
5° In the first sentence of Article L. 381-30-2, the words: "applied affiliate" are replaced by the words: ", except those mentioned in the second paragraph";
6° Section L. 381-30-5 is amended as follows:
(a) In I, the words: "affiliated under the first paragraph of Article L. 381-30" are replaced by the words: ", with the exception of those mentioned in the second paragraph of Article L. 381-30",
(b) II is thus amended:
-in the first paragraph, the reference: "L. 322-2" is replaced by the reference: "L. 160-13" and the words: "affiliated under the first paragraph of Article L. 380-30-1" are replaced by the words: "referred to in I of this Article";
-at the end of the second sentence of the third paragraph, the reference: "L. 322-2" is replaced by the reference: "L. 160-13";
7° In the first paragraph of Article L. 382-3, the words: "social insurance and family allowances" are replaced by the words: "social security, with the exception of those caused by occupational accidents and occupational diseases,"
8° In Article L. 382-14-1, the words: "dues under social insurance and family allowances" are replaced by the words: "social security, with the exception of those caused by occupational accidents and occupational diseases,"
9° At the end of the first paragraph of Article L. 382-21, the words: "are entitled and are entitled to benefits in kind of health insurance and maternity insurance" are replaced by the words: "receive the care of their health expenses under the conditions set out in Book I".
I.-Book IV of the same code is amended as follows:
1° Article L. 432-1 is amended as follows:
(a) At the end of the second sentence of the first paragraph, the reference: "L. 321-1" is replaced by the reference: "L. 160-8";
(b) In the second paragraph, the reference: "L. 322-2" is replaced by the reference: "L. 160-13";
2° In the second sentence of the first paragraph of Article L. 453-1, the words: "to benefits under the conditions set out in Book III" are replaced by the words: "to take care of its health expenses under Book I, title VI."
J.-In the first paragraph of Article L. 512-1 of the same code, after the first occurrence of the word "France", the words ", within the meaning of Article L. 111-2-3".
K.-The title I of Book VI of the same code is amended as follows:
1° Article L. 611-12 is amended as follows:
(a) In the first paragraph, the words: "by insured persons who are beneficiaries of health benefits and by contributors and contributors" are replaced by the words: "by contributors for their professional activity and their activities";
(b) At the end of the third paragraph, the words: "insured by the group of liberal professions benefiting from health insurance" are replaced by the words: "Contributors of the group of liberal professions and pensioners of the old age insurance of liberal professions benefiting from health benefits to the social plan of the independents";
2° The second paragraph of Article L. 611-20 is deleted;
3° In the title of Chapter III, the words "insurance benefits" are replaced by the word "protection";
4° The 2° and 3° of section L. 613-1 are repealed;
5° At the beginning of the second paragraph of section L. 613-7, the words: "The right to benefits in kind is open in" are replaced by the words: "Health care is provided by";
6° The first two paragraphs of section L. 613-14 are replaced by a paragraph to read:
"In the event of illness, maternity or accident, the health costs of the nationals of the plan established in this book are covered under the conditions set out in sections L. 160-7 to L. 160-15 and L. 332-2. »
L.-Book VII of the same code is amended as follows:
1° The beginning of section L. 711-5 is as follows: "The second part of section L. 313-1 applies as ... (the remainder without change). » ;
2° Article L. 711-7 is amended as follows:
(a) In the first paragraph, the reference: "L. 322-2" is replaced twice by the reference: "L. 160-13";
(b) In the second paragraph, the reference: "L. 322-3" is replaced by the reference: "L. 160-14";
3° In Article L. 713-1-1, the words: "in-kind health insurance and maternity benefits of the general social security system" are replaced by the words: "the care of their health expenses under the conditions set out in Book I";
4° In Article L. 713-9, the words: "to families" are replaced by the words: "to children referred to in Article L. 160-2";
5° In the first paragraph of Article L. 713-10, the words "to families" are replaced by the words "to children mentioned in Article L. 160-2" and the words "that they" are replaced by the words "that they";
6° In article L. 713-16, the words "in kind" are deleted.
M.-Book VIII of the same code is amended as follows:
1° In the first sentence of the first paragraph of Article L. 861-1, the words: "resident in France under the conditions laid down in Article L. 380-1" are replaced by the words: "resident in a stable and regular manner under the conditions laid down in Article L. 111-2-3 and entitled to the care of the health expenses referred to in Article L. 160-1";
2° The last paragraph of Article L. 861-2 is deleted;
3° At 1° of Article L. 861-3, the reference: "L. 322-2" is replaced by the reference: "L. 160-13";
4° In the first sentence of the penultimate paragraph of Article L. 861-5, the reference: "to articles L. 380-1 and" is replaced by the words: "to article";
5° In the first sentence of the first paragraph and the third paragraph of Article L. 871-1, the reference "L. 322-2" is replaced by the reference "L. 160-13".
L. 161-10, L. 161-13, L. 161-14-1, L. 161-25-2, L. 161-25-3, L. 211-3, L. 211-4, L. 211-5, L. 211-6-1, L. 211-3.
O.-Book VII of the Rural and Maritime Fisheries Code is amended as follows:
1° The 4th of Article L. 722-10 is thus amended:
(a) In a, the words: "spouses of persons referred to in 1°, 2°, 3°, 5°, 6° and 7° of this article" are replaced by the words: "people benefiting from the care of health expenses under Article L. 160-17 of the Social Security Code";
(b) The b is thus written:
“(b) Children who meet the conditions referred to in Article L. 160-2 of the Social Security Code. » ;
2° At the end of the first paragraph of Article L. 722-11, the words: "as mentioned in the articles L. 381-19 and L. 381-20 social security code » are deleted;
3° The 1st of Article L. 742-3 is amended as follows:
(a) At the beginning, the words are added: "The preliminary chapter of title VI of Book I of the Social Security Code, with the exception of Article L. 160-5,"
(b) In the first sentence, the references: "L. 311-9, L. 311-10," are deleted;
4° In Article L. 761-2, the references: "Articles L. 311-5, L. 311-9, L. 311-10" are replaced by the reference: "Article L. 311-5";
5° Section L. 761-3 is amended as follows:
(a) In the fourth preambular paragraph, the words " entitled, as defined in the articles L. 161-14 and L. 313-3 the social security code, of the " are replaced by the words: "people mentioned in theArticle L. 161-1 of the Social Security Code to the effective and permanent charge of »;
(b) In the first sentence of the penultimate paragraph, the reference: "L. 322-2" is replaced by the reference: "L. 160-13";
6° In the first paragraph of Article L. 762-14, the reference "L. 322-2" is replaced by the reference "L. 160-13".
P.-Le titre V du livre II du code de l'action sociale et des familles est ainsi modifié :
1° Article L. 251-1 is amended as follows:
(a) In the first paragraph, the reference: "L. 380-1" is replaced by the reference: "L. 160-1", the words: ", for himself and the persons in charge within the meaning of Article L. 161-14 and 1° to 3° of Article L. 313-3 of this code", are deleted and are added the words: "for himself and for:";
(b) After the first paragraph, are inserted from 1° and 2° as follows:
« 1° The persons mentioned in the 1° and 2° of Article L. 161-1 of the Social Security Code ;
« 2° Persons not mentioned in the same 1° and 2° who have lived for twelve consecutive months with the recipient of the assistance referred to in the first paragraph of this article and who are at its effective, total and permanent charge, provided that they are proved in the conditions set by decree in the Council of State. In this case, the benefit of the aforementioned assistance can only be attributed to one of these persons. » ;
2° In the first sentence of Article L. 254-1, the reference "L. 380-1" is replaced by the reference "L. 160-1".
Q.-At 4° of Article L. 111-1 of the code of mutuality, the references: "L. 211-3 to L. 211-7, L. 381-8, L. 381-9, L. 611-3, L. 712-6 to L. 712-8" are replaced by the references: "L. 160-17, L. 381-8 and L. 611-3".
R.-In all legislative provisions, references to articles L. 332-3, L. 331-2, L. 322-1, L. 332-1, L. 322-2, L. 322-3 and L. 322-4 the social security code is replaced, respectively, by references to articles L. 160-7, L. 160-9, L. 160-10, L. 160-11, L. 160-13, L. 160-14 and L. 160-15 of the same code.
XII.-A.-The Social Security Code is amended as follows:
1° In the first paragraph of Article L. 114-15, the reference: "L. 162-1-14" is replaced by the reference: "L. 114-17-1";
2° At the end of the first sentence of the second paragraph of Article L. 131-9, the words: "or are subject to the second paragraph of Article L. 161-25-3" are deleted;
3° At the end of 2° of Article L. 133-4, the reference: "L. 321-1" is replaced by the reference: "L. 160-8";
4° In L. 161-27, the references: "L. 161-1 to L. 161-7, L. 161-10 to L. 161-13" are replaced by the references: "L. 161-1 to L. 161-6";
5° In the sixth paragraph and at the end of the second sentence of the twelfth paragraph of Article L. 162-1-14-1, the reference: "L. 162-1-14" is replaced by the reference: "L. 114-17-1";
6° In the first sentence of the second paragraph, in the last sentence of the third paragraph and in the penultimate paragraph of Article L. 162-1-14-2, the reference is "L. 162-1-14" and the reference is "L. 114-17-1";
7° Article L. 162-1-15 is amended as follows:
(a) In the first paragraph, the reference: "L. 162-1-14" is replaced by the reference: "L. 114-17-1" and the references: "at 2° and 5°" are replaced by the words: ", respectively, at 2° of Article L. 160-8 and ";
(b) At 1°, the references: "at 2° or 5°" are replaced by the words: ", respectively, at 2° of Article L. 160-8 and ";
8° In the second sentence of the first paragraph and the second paragraph of Article L. 162-1-20, the reference: "L. 162-1-14" is replaced by the reference: "L. 114-17-1";
9° At the end of the 4th of Article L. 162-4, the reference: "L. 321-1" is replaced by the reference: "L. 160-8";
10° In the first paragraph of Article L. 162-31, the reference: "of Article L. 313-4," is deleted, the reference: "L. 321-1" is replaced by the reference: "L. 160-8" and the reference: "L. 331-2" is replaced by the reference: "L. 160-9";
11° Article L. 162-31-1 is amended as follows:
(a) At 3°, the references: "6° and 9° of Article L. 321-1" are replaced by the references: "5° and 6° of Article L. 160-8";
(b) At 4°, the references: "L. 322-1, L. 322-2 and L. 322-3" are replaced by the references: "L. 160-10, L. 160-13 and L. 160-14";
12° Article L. 162-45 is amended as follows:
(a) At 2°, the reference: "L. 321-1" is replaced by the reference: "L. 160-8";
(b) At 4°, the reference: "L. 322-3" is replaced by the reference: "L. 160-14";
13° At the end of the last sentence of the second paragraph of Article L. 165-12, the reference: "L. 162-1-14" is replaced by the reference: "L. 114-17-1";
14° In the second sentence of the last paragraph of Article L. 314-1, the reference: "L. 162-1-14" is replaced by the reference: "L. 114-17-1";
15° The last paragraph of Article L. 315-2 is amended as follows:
(a) In the first sentence, the first occurrence of the words: "to the article" is replaced by the reference: "to articles L. 160-8 and";
(b) In the second sentence, the reference: "at 5°" is replaced by the word: "to";
16° In the first sentence of the first paragraph of Article L. 323-1, the reference: "to 4°" is replaced by the word: "to";
17° In the second sentence of the first paragraph of Article L. 323-4, the reference: "L. 313-3" is replaced by the reference: "L. 161-1";
18° Section L. 325-1 is amended as follows:
(a) In the first sentence of I, the references: ", 4° and 7° of Article L. 321-1" are replaced by the reference: "and 4° of Article L. 160-8" and the reference: "L. 322-2" is replaced by the reference: "L. 160-13";
(b) II is thus amended:
-at 7°, the references: "to articles L. 371-1 and L. 371-2" are replaced by the reference: "to article L. 371-1";
-in the last paragraph, the words: "righteous persons, as defined in articles L. 161-14 and L. 313-3, of" are replaced by the words: "people referred to in article L. 161-1 to the effective and permanent charge of";
19° After the words: "of the article", the end of the first sentence of Article L. 331-1 is thus written: "L. 161-1. » ;
20° At 2° of Article L. 341-3, the reference: "to 4°" is replaced by the word "to";
21° In the first paragraph of Article L. 353-5, the reference: "L. 313-3" is replaced by the reference: "L. 161-1";
22° At the beginning of Article L. 372-2, the words: "Subject to Article L. 161-11" are deleted;
23° At the end of the second sentence of the penultimate paragraph of Article L. 376-4, the reference: "L. 162-1-14" is replaced by the reference: "L. 114-17-1";
24° In L. 382-8, the reference is "L. 313-3" and the reference is "L. 161-1";
25° At the end of the second paragraph and the last sentence of the last paragraph of Article L. 471-1, the reference: "L. 162-1-14" is replaced by the reference: "L. 114-17-1";
26° In Article L. 711-6, the reference: "L. 321-1" is replaced by the reference: "L. 160-8";
27° In the first paragraph of Article L. 712-9, the words: "or expenses referred to in Article L. 712-6" are replaced by the words: "illness, maternity and disability";
28° At the end of the first paragraph of sections L. 722-2 and L. 722-3, the words: "to the in-kind benefits of health insurance under the conditions set out in section L. 311-9" are replaced by the words: "to the care of health expenses referred to in section L. 160-1";
29° The first paragraph of Article L. 722-6 is amended as follows:
(a) The reference: "L. 313-3," is deleted;
(b) The first occurrence of the reference: "L. 321-1" is replaced by the reference: "L. 160-8";
(c) The reference: "L. 331-2" is replaced by the reference: "L. 160-9";
(d) The reference: "at 5°" is replaced by the word: "to";
30° In the second sentence of the first paragraph of Article L. 722-8-2, the reference: "at 5°" is replaced by the word: "to";
31° In article L. 758-2, the reference: "L. 161-14" is deleted;
32° In the first paragraph of Article L. 762-4, the reference "L. 321-1" is replaced by the reference "L. 160-8";
33° Section L. 762-6 is amended as follows:
(a) In the first paragraph, the reference: "L. 321-1" is replaced by the reference: "L. 160-8";
(b) In the second paragraph, the reference: "L. 322-2" is replaced by the reference: "L. 160-13";
34° The penultimate paragraph of Article L. 762-7 is deleted;
35° Article L. 765-5 is amended as follows:
(a) In the first paragraph, the reference: "L. 321-1" is replaced by the reference: "L. 160-8" and the reference: "L. 331-2" is replaced by the reference: "L. 160-9";
(b) In the second paragraph, the reference: "L. 322-2" is replaced by the reference: "L. 160-13";
36° In the second paragraph of Article L. 821-7, the reference "L. 381-28" is replaced by the reference "L. 160-17".
B.-The code of social action and families is thus amended:
1° In the first paragraph of Article L. 242-12, the reference: "L. 321-1" is replaced by the reference: "L. 160-8";
2° At 2° of Article L. 245-3, the reference: "L. 321-1" is replaced by the reference: "L. 160-8";
3° Section L. 251-2 is amended as follows:
(a) In the first sentence of the second paragraph, the reference: "L. 321-1" is replaced by the reference: "L. 160-8";
(b) After the word "and", the end of the third paragraph is thus written: "5° of Article L. 160-8; »
(c) In the fourth paragraph, the reference: "L. 331-2" is replaced by the reference: "L. 160-9";
(d) In the sixth paragraph, the reference: "L. 322-3" is replaced by the reference: "L. 160-14" and the reference: "L. 322-2" is replaced by the reference: "L. 160-13";
4° In the last paragraph of Article L. 252-1, the word "second" is replaced by the word "fourth";
5° In Article L. 252-2, the words "in the first paragraph" are replaced by the words "in the first three paragraphs";
6° In the first paragraph of Article L. 252-3, the words "of the first paragraph" are replaced by the words "of the first three paragraphs".
C.-The sixth part of the Public Health Code is amended:
1° In Article L. 6241-3, the reference: "L. 162-1-14" is replaced by the reference: "L. 114-17-1";
2° In the last paragraph of Article L. 6322-1, the reference "L. 321-1" is replaced by the reference "L. 160-8".
D.-The Rural and Maritime Fisheries Code is amended as follows:
1° To the g of 1° of Article L. 732-3, the references: ", L. 161-10, L. 161-11, L. 161-13" are deleted;
2° In the first sentence of the second paragraph of Article L. 751-9, the reference: "in Book III" is replaced by the reference: "in Title VI of Book I".
E.-At the penultimate paragraph of Article L. 333-1 of the Consumer Code, the reference: "L. 162-1-14" is replaced by the reference: "L. 114-17-1".
F.-Ordinance No. 77-1102 of 26 September 1977 extending and adapting to the Department of Saint-Pierre-et-Miquelon various provisions relating to social affairs are amended as follows:
1° Section 9 is amended as follows:
(a) After the first preambular paragraph, a sub-item reads as follows:
"-L. 160-8 to L. 160-10 and L. 160-13 to L. 160-15, subject to the provisions of Article 9-5; »
(b) At the end of the second paragraph, the reference: "L. 161-5" is replaced by the reference: "L. 161-4";
(c) The ninth preambular paragraph is deleted;
(d) The thirteenth preambular paragraph reads as follows:
“-L. 322-5 to L. 322-6; »
2° In the first sentence of Article 9-1, the reference: "(5°)" is deleted;
3° In Article 9-4, the references: ", 2°, 3°, 4° of Article L. 321-1" are replaced by the reference: "to 4° of Article L. 160-8";
4° In section 9-5, the reference: "L. 322-3" is replaced by the reference: "L. 160-14".
G.-Ordinance No. 96-1122 of 20 December 1996 on the improvement of public health, health insurance, maternity, disability and death, social security financing in Mayotte and the Mayotte Social Security Fund is amended as follows:
1° At 10° of 20-1, the references: "L. 322-2 and L. 322-3" are replaced by the references: "L. 160-13 and L. 160-14";
2° At the end of the second sentence of section 20-2, the reference: "L. 322-3" is replaced by the reference: "L. 160-14";
3° At the first sentence of 1° and 2° of 20-7, the reference: "L. 322-3" is replaced by the reference: "L. 160-14";
4° In the first paragraph of Article 23-2, the reference: "L. 162-1-14" is replaced twice by the reference: "L. 114-17-1".
H.-To II of section 89 of Act No. 2002-303 of 4 March 2002 on the rights of patients and the quality of the health system, the reference: "L. 321-1" is replaced by the reference: "L. 160-8" and the reference: "L. 322-1" is replaced by the reference: "L. 160-10".
I.-At the beginning of II of Article 44 of Law No. 2014-40 guaranteeing the future and justice of the pension system, the words: "At the end of Article L. 161-5 and" are deleted.
J.-A.Article 9-1 of Act No. 89-1009 of 31 December 1989 Strengthening guarantees for persons insured against certain risks and in the second paragraph of section 2 of Act No. 91-1389 of 31 December 1991 on the social protection of volunteer firefighters in the event of an accident or illness contracted in service, the reference: "L. 322-2" is replaced by the reference: "L. 160-13".
XIII.-This article in force on 1 January 2016, subject to the following reservations.
A.- Empowerments granted to mutualist groupings pursuant toArticle L. 211-4 of the Social Security Codein its writing before this Act, remain in force.
The last paragraph of section L. 160-17 of the Social Security Code applies to Mutuals or Mutual Groups authorized before January 1, 2016 pursuant to section L. 211-4 of the same Code, in its writing before this Act.
A decree determines, where appropriate, the conditions for the evolution of the content of delegations related to these authorizations.
B.-The prejudice that may result, for the organizations referred to in Article L. 160-17 of the Social Security Code, from the transfer, in whole or in part, of operations for the management of the health costs they provide at the date of entry into force of this Act shall be the subject of an allowance if it is the origin of the changes to the rules governing management delegations and has an abnormal and special character. This allowance is determined in the context of a finding established following a contradictory procedure. The conditions and the amount of compensation are set by decree.
C.-Unless otherwise requested, the care for the health costs of persons of major age who are entitled to 31 December 2015 remains carried out, as long as they do not become members of a social security regime under a professional activity, including prior activity, by linking to the social insured they depend on, and by the organizations that they report to that date, until 31 December 2019 at the latest.
TheArticle L. 161-15 of the Social Security Code, in its earlier drafting of this Act, remains applicable to major persons maintaining the quality of being entitled until December 31, 2019.
In the first paragraph of Article L. 323-3 of the Social Security Code, the words "fixed by the body but not capable of exceeding a duration" are deleted.
On an exceptional basis and until June 30, 2016, a person entitled to deductionArticle L. 863-2 of the Social Security Code and having renewed, after June 30, 2015, a contract not listed in the last paragraph of section L. 863-6 of the same code may request the termination of the contract at any time, without charge or penalty. This possibility of termination is conditioned to the subscription of a contract on the same list.
Termination takes effect no later than the first day of the second month following the sending to the insurer of a recommended letter to which is attached a certificate of subscription of a contract on the said list.
The third paragraph of Article L. 113-15-1 of the Insurance Code and last paragraph of articles L. 221-10-1 of the mutuality code and L. 932-21-1 of the Social Security Code shall apply to resiliations made under this article.
[Dispositions declared not in conformity with the Constitution by Constitutional Council Decision No. 2015-723 DC of 17 December 2015]
I.- Title VI of Book I of the Social Security Code is supplemented by a chapter IX as follows:
“Chapter IX
"Support for victims of an act of terrorism
“Section 1
" Provisions applicable to persons present at the scene of the act of terrorism
"Art. L. 169-1.-This section is applicable to persons who are victims of an act of terrorism, injured or involved in the act under conditions specified by decree and whose identity has been communicated by the competent judicial authority to the guarantee fund referred to in the guarantee fund referred to in first paragraph of Article L. 422-1 of the Insurance Code.
"Art. L. 169-2.-Ne are not applicable to persons referred to in Article L. 169-1:
« 1° The daily package referred to in Article L. 174-4, for hospitalizations resulting directly from the act of terrorism;
« 2° Article L. 313-1, as it relates to the daily allowances referred to in Article L. 321-1, for benefits rendered necessary by the act of terrorism;
« 3° The period and penalties referred to in the first paragraph of Article L. 321-2, for work interruptions resulting from the act of terrorism;
« 4° The participation of the insured mentioned in the first paragraph of Article L. 160-13, for the benefits, acts and consultations resulting from the act of terrorism;
« 5° The lump-sum participation referred to in the first paragraph of Article II for benefits, acts and consultations resulting from the act of terrorism;
« 6° The deductible referred to in the first paragraph of Article III for benefits, acts and consultations resulting from the act of terrorism;
« 7° The period referred to in the first paragraph of Article L. 323-1, for incapacity for work rendered necessary by the act of terrorism;
« 8° The deadlines mentioned in sections L. 441-1 and L. 441-2, when the work accident results from an act of terrorism;
« 9° The deadline and the minimum duration of affiliation referred to in fifth paragraph of Article L. 732-4 of the Rural and Maritime Fisheries Code, the period and penalty mentioned in the sixth paragraph of the same article, the period referred to in the first paragraph of Article L. 751-26 of the same code, the period referred to in the last paragraph of Article L. 752-5 of the said Code, and the period and penalty mentioned in the first paragraph of Article L. 752-24 of the same code, for interruptions of work resulting from the act of terrorism.
"Art. L. 169-3.-As soon as they are issued directly from the act of terrorism, the products and benefits listed in the list provided for in Article L. 165-1 and the dental prostheses listed in the list provided for in Article L. 162-1-7 shall be refunded within the limits of the fees actually exposed, without being able to exceed the limits set by order in reference to the rates set out in Article L. 432-3.
"Art. Sections L. 169-2 and L. 169-3 apply, for each person referred to in section L. 169-5, on the day on which the act of terrorism occurred and up to the last day of the twelfth calendar month following the day on which the act took place, and for each person referred to in section L. 169-5.
"Art. L. 169-5.-For psychiatric follow-up consultations resulting from the act of terrorism, the right to exemption under 4° and 5° of Article L. 169-2 may be opened for a period of ten years from the occurrence of the act of terrorism. The duration of the profit of this article shall not exceed two years.
“Section 2
" Provisions applicable to relatives of deceased or injured persons during a terrorist act
"Subsection 1
« Capital Death
"Art. L. 169-6.-Section L. 313-1 as it relates to death insurance is not applicable when the death results from an act of terrorism.
"Subsection 2
« Psychiatric follow-up consultations
"Art. L. 169-7.-Section L. 169-5 is applicable to the relatives of the deceased or injured persons in a terrorist act whose identity has been communicated by the competent judicial authority to the guarantee fund referred to in the first paragraph of Article L. 422-1 of the Insurance Code.
“The relatives, within the meaning of this article, are:
« 1° The spouse, concubine or partner bound by a civil pact of solidarity;
« 2° The ascendants to the third degree;
« 3° The descendants to the third degree;
« 4° Brothers and sisters.
“Section 3
“Common provisions
"Art. L. 169-8.-Crates pay directly to health professionals and distributors of products and services listed in the list provided for in section L. 165-1 and to health facilities the amount of benefits referred to in 1° and 4° of section L. 169-2 and section L. 169-3.
"Art. L. 169-9.-Where an insured person changes a managerial body during the periods referred to, respectively, in sections L. 169-4 and L. 169-5, that change is without impact on the assessment of the duration provided for in the same sections.
"Art. L. 169-10.-The financing of the expenses resulting from articles L. 169-2 and L. 169-6 is provided by the State.
"For the implementation of Article L. 169-3, the State shall bear the difference between the basic portion of the reimbursement by health insurance and the fees refunded.
"Art. L. 169-11.-For the implementation of sections L. 169-2 to L. 169-8, the Caisse nationale de l'assurance maladie des travailleurs wages assures a coordinating role for compulsory health insurance plans.
"Art. L. 169-12.-A decree determines the terms and conditions for the application of sections 1 and 2 of this chapter and this section 3.
“Section 4
“ Provisions common to several repair schemes
"Art. L. 169-13.-For the implementation ofArticle 9 of Act No. 86-1020 of 9 September 1986 concerning the fight against terrorism, article 26 of Act No. 90-86 of 13 January 1990 on various provisions relating to social security and health and this Code, a joint medical expertise is carried out at the initiative of the fund referred to in theArticle L. 422-1 of the Insurance Codewithin the deadlines and conditions established by decree. »
II.-The 1st of Article L. 1226-1 of the Labour Code is supplemented by the words: ", unless the employee is one of the persons mentioned in Article L. 169-1 of the Social Security Code".
III.-After Chapter I of Title II of Order No. 96-1122 of 20 December 1996 on the improvement of public health, health insurance, maternity, disability and death, social security financing in Mayotte and the Mayotte Social Security Fund, a chapter is inserted I bis as follows:
“Chapter I bis
"Exceptional procedure in the event of an act of terrorism
"Art. 21-3.-This chapter applies to persons referred to in Article L. 169-1 of the Social Security Code.
"Art. 21-4.-Do not apply to persons referred to in Article 21-3:
« 1° Participation of the insured referred to in Article 20-2 for benefits, acts and consultations resulting from the act of terrorism;
« 2° The first paragraph of Article 20-6 and the period referred to in the first paragraph of Article 20-7 for daily allowances resulting from the act of terrorism;
« 3° The period referred to in the last paragraph of section 20-10-2 for daily allowances resulting from the act of terrorism.
"Art. 21-5.-The 7th of Article L. 169-2 of the Social Security Code is applicable to persons referred to in section 21-3 of this Order.
"Art. 21-6.-The order under section L. 169-3 of the Social Security Code is applicable to persons referred to in section 21-3 of this Order.
"Art. 21-7.-Sections L. 169-4 and L. 169-5 of the Social Security Code apply to persons referred to in section 21-3 of this Order, subject to the following modifications:
« 1° In section L. 169-4, the reference to section L. 169-2 of the same code is replaced by the reference to sections 21-4 and 21-5 of this order;
« 2° In section L. 169-5, the reference to the 4th of section L. 169-2 of that code is replaced by the reference to the 1st of section 21-4 of this order.
"Art. 21-8.-Articles L. 169-6 and L. 169-7 of the Social Security Code are applicable to Mayotte subject to, for the reference to Article L. 169-5 of the same Code, modifications provided for in Article 21-7 of this Order.
"Art. 21-9.-The Mayotte Social Security Fund pays directly to health professionals and distributors of products and services as well as to health facilities the amount of the benefits referred to in 1° of Article 21-4 and the order provided for in Article 21-6.
"Art. 21-10.-The financing of the expenses mentioned in this chapter is provided by the State.
"For the purposes of Article 21-6, the State shall bear the difference between the basic rates for reimbursement by health insurance and the fees refunded.
"Art. 21-11.-A decree determines the terms and conditions of application of this chapter. »
IV.-After the fifth paragraph of Article 9 of Order No. 77-1102 of 26 September 1977, extending and adapting to the Department of Saint-Pierre-et-Miquelon various provisions relating to social affairs, a paragraph is inserted as follows:
"-L. 169-1 to L. 169-10; "
I.-The 21st of Article L. 160-14 of the Social Security Code is supplemented by the words: "and for fees for acts and consultations falling within the scope of articles L. 162-4-5 and L. 162-8-1".
II.-In the second paragraph of Article L. 5134-1 of the Public Health Code, the words: "and the care of contraceptives" are replaced by the words: "of contraceptives, the conduct of medical biology examinations with a view to a contraceptive prescription, the prescription of such examinations or a contraceptive, and their care".
After the 22° of the article L. 322-3 of the Social Security Code, it is inserted a 23° as follows:
« 23° When the insured person does not belong to 3° or 10° but is in a clinical situation requiring specific screening of breast cancer, set by decree in the Council of State, for screening fees, under conditions established by the same decree. »
I.-Article L. 613-20 of the Social Security Code is amended as follows:
1° In the third paragraph, the reference: "L. 321-1" is replaced by the reference: "L. 160-8", the words "at the 5th of the same article" are replaced by the words: "at L. 321-1 and L. 323-3" and the reference: "L. 322-2" is replaced by the reference: "L. 160-13";
2° In the first sentence of the penultimate paragraph, the words "5° of Article L. 321-1" are replaced by the words "in Article L. 321-1 and Article L. 323-3".
II.-The I comes into force on January 1, 2017.
Section 2.2 of Chapter II of Title VI of Book I of the Social Security Code is supplemented by an article L. 162-12-22 as follows:
"Art. L. 162-12-22.-I.-A contract of cooperation for visual care may be concluded with physicians who have been contracted in ophthalmology to encourage the doctor to recruit or form an orthoptist.
"This contract, concluded for a three-year non-renewable period, provides for individualized commitments that include the increase in the number of different patients received in consultation, respect for conventional rates and actions to promote continuity of care. It identifies objectives for the organization of care, including training, if necessary, or recruitment of an orthoptist, as well as participation in screening and prevention actions. It provides for the financial considerations that are related to the achievement of the objectives by the physician, as well as the terms and conditions for assessing these objectives.
"This contract is in accordance with a model contract defined by the agreement referred to in Article L. 162-5. In the absence of an agreement before September 1, 2016, a model contract is set by joint decision of the Ministers responsible for health and social security and the National Union of Health Insurance Funds, following the advice of trade union organizations representative of the professionals concerned and of the National Union of Supplementary Health Insurance Organizations.
"An evaluation of the contract of cooperation for visual care, including the number of ophthalmologists who have signed the contract, the expenses related to the care they have carried out, as well as the fulfilment of their commitments, is carried out by the National Union of Health Insurance Funds in the first half of 2018 and transmitted to Parliament and to conventional partners.
"A decree in the Council of State specifies the special conditions required to enter into a contract of cooperation with the profession of orthoptist.
"II.-Regional health agencies and local health insurance organizations may enter into a collective contract for visual care with health homes and health centres adhering to the national agreement referred to in Article L. 162-32-1 in order to encourage the development of co-operations between health professionals for the conduct of ophthalmological consultations within these structures.
"The three-year collective contract for visual care provides for the parties' respective commitments, including respect for conventional rates and the organization of care.
"This contract is in accordance with a model contract established by a joint decision of the Ministers responsible for Health and Social Security and the National Union of Health Insurance Funds after the advice of the trade union organizations representative of the professionals concerned, the organizations representative of the health centres and the National Union of supplementary health insurance organizations. The financial considerations of this collective contract shall not exceed the maximum provided for in the contract of cooperation for visual care provided for in the first paragraph of this article.
"An annual evaluation of the collective contract for visual care, including the number of health care professionals, health centres and health care homes involved in the contract, the costs of care and the quality of care, is carried out by regional health agencies and local health insurance organizations. This evaluation is forwarded to Parliament and conventional partners for the integration of this contract into the negotiation, effective January 1, 2018, of an interprofessional treaty agreement referred to in Article II of Article L. 162-14-1.
"III.-The expenses incurred by all compulsory basic health insurance plans that result from the contracts provided for in this section are taken into account in the national objective of health insurance expenditures mentioned in the 3rd D of Article LO 111-3. »
Experiments may be conducted between July 1, 2016 and December 31, 2019 to improve the care and follow-up of children from three to eight years in which the attending physician identified a risk of obesity defined by the recommendations developed by the High Health Authority.
As part of these experiments, the doctor dealing with the child may prescribe dietary consultations, physical activity assessments or psychological counselling, depending on the needs and situation of the child and his or her family. These consultations and assessments are carried out by health professionals or psychologists from structures with special skills in this area, such as health centres mentioned in theArticle L. 6323-1 of the Public Health Code and health homes referred to in Article L. 6323-3 of the same code, selected by primary health insurance funds and regional health agencies.
These structures benefit from a lump-sum remuneration supported by national health insurance funds for each child taken care of on prescription by the attending physician.
A decree specifies the modalities for the implementation of this experiment.
Ministers of Health and Social Security stop the list of territories selected for experimentation and the terms of reference for experimentation.
An evaluation report is prepared by the National Health Insurance Fund for Employees and transmitted to Parliament by September 30, 2019.
I.-Article L. 162-5-14 of the Social Security Code is supplemented by a sub-paragraph as follows:
"For the application of II of Article L. 1435-5 of the Public Health Code and by derogation from the first paragraph of this article, the costs of the acts carried out under the permanence of care provided for in article L. 6314-1 of the same code by the physicians referred to in the first paragraph of the same article shall be financed by the fund set out in article L. 1435-8 of the said Code, on the basis of the tariffs set out for physicians under articles L. 162-5 and L. 162-14-1 of this Code. »
II.-Article L. 1435-5 of the Public Health Code is amended as follows:
1° At the beginning of the first paragraph, the mention is added: "I.-";
2° In the second paragraph, the word "specific" is replaced by the word "perfectory";
3° It is added a II as follows:
"II.-Regional voluntary health agencies may be authorized, by order of ministers responsible for health and social security, to fund, in all or part of the sectors of the ambulatory care permanence, the lump-sum remuneration referred to in I of this article and the remuneration of the acts mentioned inArticle L. 162-5-14 of the Social Security Code by credits from the regional intervention fund referred to in Article L. 1435-8 of this code which are delegated to them for this purpose. In this case, the remuneration of the acts provided for inArticle L. 162-5-14 of the Social Security Code cannot be borne by all mandatory basic health insurance plans.
"Ministerial authorization is granted for a period not exceeding three years. It may be renewed at the end of this period, depending on the agency's achievements as part of the balance sheet referred to in Article L. 1435-10 of this Code. »
III.-Experimental provisions II of Article 44 of Law No. 2007-1786 of 19 December 2007 Social Security Funding for 2008 applies to the regional health agency of the Pays de la Loire until 31 December 2016.
After Article L. 162-5-14-1 of the Social Security Code, an article L. 162-5-14-2 is inserted as follows:
"Art. L. 162-5-14-2.- Fees related to the examination required to establish the death certificate referred to in first paragraph of Article L. 2223-42 of the General Code of Territorial Communities, carried out at the patient's home at the times and under the conditions set by decree, are covered by the health insurance on the basis of a plan fixed by decree of ministers responsible for health and social security. Doctors are required to meet these rates. »
I.-Article L. 4011-2-3 of the Public Health Code is amended as follows:
1° After the first sentence of the second paragraph of I, a sentence is inserted as follows:
"She shall at the same time render the notice referred to in third paragraph of Article L. 162-1-7 of the Social Security Code on each of the acts provided for in the protocol. » ;
2° The second sentence of II is deleted;
3° The III is thus written:
"III.-When the College of Financers renders an opinion favourable to the permanent maintenance of a cooperation protocol:
« 1° The Academy of Medicine, seized for notice of draft regulatory texts relating to professional acts referred to in the 1st and last paragraph of Article L. 4161-1 of this Code for the purpose of extending or perpetuating all or part of the protocol, shall take action within two months from the date on which it was seized;
« 2° The exemptions provided for in Article L. 4011-1 remain applicable until the coming into force of the regulations referred to in 1° of this III;
« 3° The actions provided by the protocols are integrated into the initial training or continuing professional development of health care professionals, in accordance with regulatory terms. » ;
4° It is added an IV as follows:
"IV.-When the College of Financers renders an opinion favourable to the final financial management of a protocol of cooperation, Ministers responsible for health and social security may extend the duration of the funding provided for in Article L. 4011-2 of this Code until the registration of the acts of the protocol on the list referred to in theArticle L. 162-1-7 of the Social Security Code. »
II.-Le titre VI du livre Ier du code de la sécurité sociale est ainsi modifié :
1° Article L. 161-37 is amended as follows:
(a) The 9th is thus written:
« 9° Return the notice to the last paragraph of section L. 4011-2 of the Public Health Code ; »
(b) After the 9°, it is inserted a 10° as follows:
« 10° Return the notice to the second paragraph of Article L. 4011-2-3 of the Public Health Codeas well as an assessment of each of the acts provided for in the cooperation protocols in accordance with the 1st of this article. » ;
2° Section L. 162-1-7-1 is amended as follows:
(a) In the second paragraph, after the reference: "L. 162-1-7", the words "of this code or to I of Article L. 4011-2-3 of the Public Health Code » ;
(b) After the 3°, it is inserted a 4° as follows:
« 4° Acts listed in a cooperation protocol that have received a favourable opinion from the Finance College in accordance with III of Article L. 4011-2-3 of the Public Health Code.
3° In the first paragraph of Article L. 162-1-8, the reference "3°" is replaced by the reference "4°".
Section 2 of Chapter II of Title VI of Book I of the Social Security Code is amended as follows:
1° The 8th of Article L. 162-9 is thus restored:
« 8° Conditions to be met by midwives and dental surgeons to be agreed upon, including those relating to the terms and conditions of their professional exercise and training, as well as those relating to the areas of exercise defined by the regional health agency under theArticle L. 1434-7 of the Public Health Code.
2° The 3rd of Article L. 162-12-9 is supplemented by the words: "as well as those relating to the areas of exercise defined by the regional health agency pursuant to theArticle L. 1434-7 of the Public Health Code "
The Social Security Code is thus amended:
1° Section L. 162-17-3 is amended as follows:
(a) The second sentence of the first paragraph of I is supplemented by the words: "and the products and benefits referred to in Article L. 165-1";
(b) In the first paragraph of II, after the word "medications", the words "as well as the products and services referred to in Article L. 165-1" are inserted;
2° Section L. 165-3 is amended as follows:
(a) At the beginning of the first preambular paragraph, the word "I.-" is deleted;
(b) II is repealed;
3° After Article L. 165-4, an article L. 165-4-1 is inserted as follows:
"Art. L. 165-4-1.-I.-The framework of the conventions referred to in articles L. 165-2, L. 165-3 and L. 165-4 may be specified by a framework agreement between the Economic Committee for Health Products and one or more representative trade unions or organizations comprising the manufacturers or distributors of the products and services referred to in Article L. 165-1.
"Without prejudice to Article L. 162-17-4, this framework agreement includes the conditions under which the conventions determine:
« 1° Terms and conditions for exchange of information with the committee on the monitoring and control of the expenses of repayable products and benefits;
« 2° Conditions and conditions for the implementation by manufacturers or distributors of studies, including medico-economic studies, after the registration of products and services on the list provided for in Article L. 165-1.
"The framework agreement also provides the conditions under which the committee implements a reduction in liability rates and, where applicable, prices of certain categories of products and benefits referred to in the same section L. 165-1 to ensure compatibility of the forecast rate of expenditures with the national objective of health insurance expenditures referred to in Article II L. 162-17-3 and Article L. 165-4.
"II.-In the event of a failure by a manufacturer or distributor to an undertaking under 2° I of this article, the Economic Committee for Health Products may make a decision against the manufacturer or distributor, after the manufacturer or distributor has been able to present its observations, a financial penalty.
"The amount of this penalty may not exceed 10% of the non-tax turnover made in France by the manufacturer or distributor for the products or services subject to the undertaking, during the twelve months preceding the finding of the breach. The amount of the penalty is determined based on the importance of the breach.
"The penalty is recovered by the organizations referred to in section L. 213-1 designated by the Director of the Central Agency for Social Security Agencies. Sections L. 137-3 and L. 137-4 are applicable to the recovery of the penalty. Its product is allocated to the National Health Insurance Fund for Employees. The appeal against the decision making this penalty is an appeal of full jurisdiction.
"The rules, procedural deadlines and methods of calculating the financial penalty referred to in this II are defined by decree in the Council of State. »
I.-The code of social action and families is thus amended:
1° The 7th of Article L. 121-7 is repealed;
2° In the b of Article L. 313-3, the reference: "b of" and the words: ", as well as for the establishments and services mentioned in the 5° I of the same article" are deleted;
3° At 1° of Article L. 314-3-1, the reference: "b" is deleted;
4° The first paragraph of Article L. 314-4 is amended as follows:
(a) The reference: "at 5°," is deleted;
(b) After the word: "deemed", the end is deleted;
5° In Article L. 345-3, the words: "or in a center of help by work" are deleted and the word: "their" is replaced by the word: "the";
6° In article L. 344-4, the words: "work-assisted centres" are replaced by the words: "institutions mentioned at the 5th I of Article L. 312-1" and the words: "for institutions of occupational rehabilitation by health insurance, and for centers of assistance by work by social assistance at the expense of the State" are replaced by the words "health insurance".
II.-The Social Security Code is amended as follows:
1° The 3rd of Article L. 160-8, in its drafting resulting from Article 59 of this Act, is as follows:
« 3° Coverage, by decision of the commission mentioned to theArticle L. 146-9 of the Code of Social Action and Families :
“(a) Fees for the accommodation and treatment of disabled children or adolescents in the establishments mentioned in 2° and 12° of the I of Article L. 312-1 of the same code as that of the treatment costs associated with their education provided outside these institutions, with the exception of the part of these costs to the State under the articles L. 112-1 to L. 112-4, L. 123-4-2, L. 351-1 to L. 351-3 and L. 352-1 the code of education;
“(b) Operating expenses related to the social or medico-social activity of the establishments mentioned to the 5° of Article L. 312-1 of the Code of Social Action and Families ; »
2° Article L. 412-8 is amended as follows:
(a) After 18°, it is inserted a 19° as follows:
« 19° Recipients of settlements and services defined in the a of 5° of Article L. 312-1 of the Code of Social Action and Families prescribed by the departmental houses of persons with disabilities, by organizations providing services for the assessment or support of the needs of persons with disabilities mentioned in the sixth paragraph of article L. 146-3 of the same code or by organizations accompanying situations that have passed a convention with the departmental house of persons with disabilities opening them the possibility to prescribe these situations, in respect of accidents caused by the fact or on the occasion of their participation in these situations. » ;
(b) In the first sentence of the last paragraph, the reference: "and 18°" is replaced by the references: ", 18° and 19°".
III.-I and 1° of II apply as of January 1, 2017.
I.-The title I of Book III of the Code of Social Action and Families is thus modified:
1° The first paragraph of Article L. 313-12-2 is replaced by two paragraphs as follows:
"The establishments and services referred to in 2°, 5° and 7° of I of Article L. 312-1 as well as the services referred to in 6° of the same I, subject to the tariff competence of the Director General of the Regional Health Agency and, where applicable, to the joint tariff jurisdiction of the Regional Health Agency and the President of the Departmental Council, are subject to a multi-year contract of objectives and means under the conditions set out in Article L-11. This contract defines objectives in terms of activity and quality of care. The conclusion of a multi-year contract of objectives and means results in the application of a pricing in terms defined by decree in the Council of State.
"From the conclusion of the multi-year contract of objectives and means, the budget documents referred to in 3° I of Article L. 314-7 are replaced by a statement of forecasts of income and expenditure, the model of which is fixed by decree of ministers responsible for persons with disabilities and social security. » ;
2° The IV bis of Article L. 314-7 is amended as follows:
(a) The first paragraph is replaced by two subparagraphs:
"IV bis.-The decision setting the year's fee provides, under conditions provided by decree, interim renewal rates applicable to January 1 of the following year.
"In the event that the rates have not been determined before January 1 of the fiscal year in question and if an interim renewal rate has not been fixed, the revenues relating to the billing of these rates are liquidated and collected under the conditions in effect during the previous fiscal year until the decision setting the amount of these rates is taken. » ;
(b) In the second paragraph, the reference: "of the previous paragraph" is replaced by the references: "of the first two paragraphs of this IV bis".
II.-After article L. 162-24-1 of the Social Security Code, an article L. 162-24-2 is inserted as follows:
"Art. L. 162-24-2.-Action of facilities and services referred to in 2°, 5° and 7° of the I of Article L. 312-1 of the Code of Social Action and Families for the payment, by the credit union referred to in section L. 174-8 of this code, of health benefits and care for the health insurance shall be prescribed by one year from the first day of the month following the one to which the benefit is charged to the credit union, or by three months from the first day of the month following the one where the commission's decision referred to in theArticle L. 146-9 of the Code of Social Action and Families was notified to the establishment if this leads to a later maturity.
"This requirement is also applicable to the action brought by the paying agency in recovery of unduly supported benefits, except in the event of fraud or false declaration, from the date of payment of undue amounts.
"The terms and conditions for the payment of the amounts paid by the credit union referred to in Article L. 174-8 of this Code to the various health insurance organizations as well as the amounts recovered by the credit union under the second paragraph of this Article shall be determined by decree.
"The Amicable Appeals Board of the Receiving Body referred to in Article L. 174-8 is competent to process claims relating to the amounts in question. »
III.-A.-For application first paragraph of Article L. 313-12-2 of the Code of Social Action and Familiesthe Director General of the Regional Health Agency, in his writing resulting from the 1st of the I of this article, shall, where appropriate, establish by order the list of establishments and services to be signed a multi-year contract of objectives and means and shall determine the expected date of such signature. This six-year programming is updated annually.
B.-The second paragraph of the same article L. 313-12-2, in its writing resulting from 1° of I of this article, is applicable as of 1 January 2017.
C.-Section L. 162-24-2 of the Social Security Code, as set out in Part II of this section, applies to medical benefits and care provided by the medical-social institutions concerned as of January 1, 2016.
The Government shall submit to Parliament, within one year of the promulgation of this Act, a report specifying the conditions for the implementation of the continuity of care between the home and the placement in the facilities and services referred to in this Act. I of Article L. 313-12 of the Code of Social Action and Families, including the terms and conditions of direct billing to health insurance of devices listed on the list of eligible benefits and repayable productsArticle L. 165-1 of the Social Security Code not covered under the overall care package.
I.-Le II de l'article 33 de la loi n° 2003-1199 du 18 décembre 2003 de financement de la sécurité sociale pour 2004 est ainsi modifié :
1° In the first sentence, the year: "2015" is replaced by the year: "2019";
2° After the second sentence, a sentence as follows:
"The increase in the basis for calculating this participation cannot exceed a maximum limit set by decree. » ;
3° The third sentence is amended to read:
(a) At the beginning, the words: "These rates" are replaced by the words: "The basic rates used to calculate the insured's participation";
(b) After the word: "Mayotte", the words are inserted: "or those under one of the general social protection regimes of French Polynesia".
II.-B of 3° of I shall enter into force on a date fixed by decree, and no later than 1 January 2017.
I.-The Social Security Code is amended as follows:
1° The 1st of Article L. 133-4 is thus amended:
(a) After the reference "L. 162-22-7", the reference is inserted: "and L. 162-23-6";
(b) At the end, the reference: "and L. 162-22-6" is replaced by the references: ", L. 162-22-6 and L. 162-23-1";
2° In the first sentence of the second paragraph of article L. 138-10, the reference: ", to article L. 162-22-7" is replaced by the references: "or articles L. 162-22-7 and L. 162-23-6";
3° At the end of the second sentence of the first paragraph of Article L. 162-1-14-2, the reference: "of Article L. 162-22-6" is replaced by the references: "of Articles L. 162-22-6 and L. 162-23-1";
4° In the first paragraph of Article L. 162-5-17, the reference: "to Article L. 162-22-7" is replaced by the references: "to Articles L. 162-22-7 and L. 162-23-6";
5° Article L. 162-16-6 is amended as follows:
(a) In the first sentence of the first paragraph of I, the reference: "to article L. 162-22-7" is replaced by the references: "to articles L. 162-22-7 and L. 162-23-6" and the reference: "to the same article L. 162-22-7" is replaced by the words: "to the same articles";
(b) In the first sentence of II, the reference: "at the 1st of Article L. 162-22-6" is replaced by the references: "at the 1st of Articles L. 162-22-6 and L. 162-23-1" and the reference: "at Article L. 162-22-7" is replaced by the references: "at Articles L. 162-22-7 and L. 162-23-6";
6° In the first paragraph of Article L. 162-17-5, the reference: "to Article L. 162-22-7" is replaced by the references: "to Articles L. 162-22-7 and L. 162-23-6";
7° Article L. 162-22 is as follows:
"Art. L. 162-22.-Health facilities authorized under theArticle L. 6122-1 of the Public Health Code are funded:
« 1° For medical, surgical, gynaecological, obstetric and odontology activities, in accordance with Article L. 162-22-6 of this Code;
« 2° For psychiatry activities, in accordance with Article L. 162-22-1 in the establishments referred to in Article L. 162-22-6 and in accordance with Article L. 174-1 in the establishments referred to in Article L. 162-22-6;
« 3° For activities carried out in long-term care units or centres referred to in Article L. 174-5, pursuant to Article L. 174-1;
« 4° For follow-up and rehabilitation activities, pursuant to Article L. 162-23-1. » ;
8° The title of sub-section 3 of chapter II, section 5, of title VI of Book I is read as follows: " Provisions relating to the activities of medicine, surgery, gynaecology-obstetrics and odontology";
9° Sub-section 4 of the same section 5 becomes sub-section 6;
10° The same sub-section 4 is thus restored:
"Subsection 4
“ Provisions on follow-up and rehabilitation activities
"Art. L. 162-23.-I.-Each year, a health insurance expenditure objective is defined for the activities referred to in 4th of section L. 162-22 that are carried out by the health facilities referred to in section L. 162-22-6. This objective is the annual amount of expenses incurred by the mandatory health insurance plans related to hospitalization fees for the care provided during the year as part of these activities. The content of this objective is defined by decree.
"The amount of this objective is stopped by the State according to the national objective of health insurance expenses.
"It takes into account developments of any kind following which institutions, services or medical or social activities are placed, for all or part, under a different legal regime or funding from that under which they were previously placed, including conversions of activity. It can be corrected at the end of the year to take into account developments during the year.
"It distinguishes the relevant parts:
« 1° Expenditures on the financing of the list of pharmaceutical specialties defined in Article L. 162-23-6;
« 2° A national endowment defined in Article L. 162-23-8.
"II.-A decree in the Council of State specifies the elements taken into account for the determination of this objective as well as the modalities according to which, each year, the elements mentioned in the 1st to 6th of Article L. 162-23-4 compatible with the respect of the objective, taking into account, in particular, the forecasts of the activity of the establishments for the current year, measured in particular from the data mentioned in the articles L. 6113-7 and L. 6113-8 Public Health Code. The national rates of benefits referred to in 2° of Article L. 162-23-4 of this Code may be determined, in whole or in part, from the relative cost of benefits, including the national cost study defined in theArticle L. 6113-11 of the Public Health Code.
"Art. L. 162-23-1.-For the activities mentioned in the 4th of Article L. 162-22, a decree in the Council of State, taken after the advice of the most representative organizations of health institutions, determines:
« 1° The categories of hospitalization benefits on the basis of which the ministers responsible for health and social security stop the classification of benefits resulting in the care provided by compulsory social security schemes;
« 2° The categories of benefits for a particular requirement of patients, without a medical basis, which give rise to billing without care by compulsory social security schemes;
« 3° The terms and conditions for the invoicing of hospital benefits covered by health insurance.
"Art. L. 162-23-2.-The activities mentioned in the 4th of Article L. 162-22 are financed by:
« 1° Revenue from the care activity, under the conditions defined in Article L. 162-23-3;
« 2° Where appropriate, additional funding will be supported:
“(a) Pharmaceutical specialties, under the conditions defined in article L. 162-23-6;
“(b) The specialized technical trays, under the conditions defined in Article L. 162-23-7;
"(c) The missions referred to in Article L. 162-23-8;
"(d) Improvement of the quality and safety of care, under the conditions defined in Article L. 162-23-15.
"Art. L. 162-23-3.-The care activities referred to in 1° of Article L. 162-23-2 carried out by the establishments referred to in Article L. 162-22-6 are financed by:
« 1° An allocation calculated annually on the basis of the previous activity, measured by the data provided in the articles L. 6113-7 and L. 6113-8 the Public Health Code, valued by a fraction of the rates mentioned in 2° of Article L. 162-23-4 of this Code and by the average rate of health insurance coverage under this activity, if any affected by the geographic coefficient referred to in 3° of Article L. 162-23-4 and the coefficient referred to in I of Article L. 162-23-5;
« 2° For each stay, a lump sum corresponding to a fraction of the rates referred to in 2° of Article L. 162-23-4, if applicable, assigned to the geographic coefficient referred to in 3° of Article L. 162-23-4 and to the coefficient referred to in I of Article L. 162-23-5.
"Art. L. 162-23-4.-Each year, the ministers responsible for health and social security shall, in accordance with the terms set out in Article L. 162-23, cease:
« 1° The level of fractions referred to in 1° and 2° of Article L. 162-23-3;
« 2° The national rates of benefits referred to in 1° of Article L. 162-23-1 as the basis for the calculation of the insured's participation, which may be differentiated by classes of establishments. These rates are calculated based on the objective set out in Article L. 162-23;
« 3° Where applicable, the geographical coefficients applicable to the national tariffs referred to in 2° of this article and to the package provided for in Article L. 162-23-7 of the establishments located in certain areas, to take into account possible specific factors that clearly, permanently and substantially alter the cost of certain benefits in the area under review;
« 4° The coefficient referred to in Article L. 162-23-5;
« 5° The coefficient referred to in II of Article L. 162-23-6;
« 6° The amount of annual packages referred to in Article L. 162-23-7.
"The elements mentioned in 1° to 3° are applicable to March 1 of the current year.
"The elements mentioned in 4° to 6° are applicable on January 1 of the current year.
"Art. L. 162-23-5.-I.-The national rates of benefits referred to in 2° of Article L. 162-23-4 as the basis for the calculation of the staffing mentioned in 1° of Article L. 162-23-3 and the lump sum mentioned in 2° of the same article may be reduced by applying a coefficient, so as to contribute to the national objective of health insurance expenditures. The value of this coefficient can be differentiated by category of health facilities.
"II.-In light of the opinion referred to in the penultimate paragraph of Article L. 114-4-1, the State may decide to pay to health establishments all or part of the amount corresponding to the difference between the amounts derived from the valuation of the activity of the establishments by the rates mentioned in the 2° of Article L. 162-23-4 and those derived from the valuation of the same activity by the rates lessened from the coefficient mentioned in I of Article
"Art. L. 162-23-6.-I.-The State shall, upon request of the holder of the marketing authorization or on the initiative of the ministers responsible for health and social security, set out the list of pharmaceutical specialties provided to the patients in the health facilities referred to in Article L. 162-22-6 and entitled to a marketing authorization that may be taken care of by the mandatory health insurance plans mentioned in article L. 162-22-6. This list specifies the only therapeutic indications that allow the treatment of pharmaceutical specialties mentioned in the same 1°.
"II.-The establishments shall be refunded upon presentation of invoices, in accordance with the amount allocated to the financing of the list of pharmaceutical specialties provided for in 1° of Article L. 162-23. These refunds may be reduced by applying a coefficient, so as to contribute to the respect of this amount.
" Subject to compliance with the amount defined in the same 1°, the State may pay to health institutions the amount corresponding to the difference between the amounts from the invoices and those from the lowered invoices of the coefficient referred to in the first paragraph of this II. Before May 1 of the following year, the State shall determine the amount to be paid to health facilities.
"Art. L. 162-23-7.- Expenses not taken into account by the rates of benefits referred to in 2° of Article L. 162-23-4 related to the use of technical trays specialized by health establishments referred to in Article L. 162-22-6 which, by their nature, require the mobilization of important means may be compensated in whole or in part by a package.
"Ministers responsible for health and social security stop the list of specialized technical boards mentioned in the first paragraph of this article.
"Art. L. 162-23-8.-I.-The portion provided for in 2° of the I of Article L. 162-23, allocated to the national funding of missions of general interest and assistance to the contractualization of health facilities referred to in a, b, c and d of Article L. 162-22-6, is involved in the financing of commitments relating to:
« 1° To the missions mentioned in theArticle L. 6112-1 of the Public Health Codewith the exception of training provided by the region pursuant to articles L. 4151-9, L. 4244-1 and L. 4383-5 of the same code;
« 2° Implementing the directions of the regional framework for the organization of care;
« 3° To improve the quality of care;
« 4° A response to national or local health policy priorities, including the establishment of local hospital communities, by derogation from Article L. 162-1-7 of this Code;
« 5° Implementing the national policy on medical innovation or the role of recourse to certain institutions.
"By derogation from section L. 162-23-1, this allocation also contributes to the financing of care activities for specific populations.
"Ministers responsible for health and social security stop the list of missions financed by this grant.
"The commitments mentioned in 1° to 5° are mentioned in the multi-year contract of objectives and means provided for in theArticle L. 6114-2 of the Public Health Code or, if not, in a specific contractual commitment.
"When health facilities have established a health cooperation group to implement all or part of their missions of general interest and contractualization assistance, the funding for transferred missions may be paid directly to the health cooperation group by the health insurance fund designated under sections L. 174-2 or L. 174-18, as the case may be.
"The ministers responsible for health and social security shall, according to the amount referred to in 2° I of Article L. 162-23 and after the advice of the national organizations most representative of public and private health institutions, determine the amount of regional allocations as well as the criteria for granting to institutions.
"II.-The annual amount of the staffing of each health institution is determined by the Director General of the regional health agency according to the missions of general interest, the care activities provided to certain specific populations, and the objectives and orientations provided for in the multi-year contract of objectives and means and their status of advancement or, if not, within the framework of the specific contractual commitment provided for in 1° of this section.
"The terms and conditions for the payment and management of this staffing are set out in Article L. 162-23-10.
"Art. L. 162-23-9.-In the establishments referred to in Article L. 162-22-6, the national tariffs provided for in Article 2° of Article L. 162-23-4, if any assigned to the geographic coefficient provided for in Article 3° L. 162-23-4, shall serve as the basis for the exercise of appeals against third parties and for the billing of benefits provided for in Article 1° L. 162-23-1 of sick persons not covered by an insurance scheme of interest.
"Art. L. 162-23-10.-The specialised technical trays package and the financing of the missions of general interest and assistance to the contractualization mentioned, respectively, in sections L. 162-23-7 and L. 162-23-8 are paid by the funds referred to in sections L. 174-2 or L. 174-18 to health facilities under the conditions prescribed by regulation.
"Art. L. 162-23-11.-The terms and conditions for the application of this subsection are fixed by decree in the Council of State. » ;
11° After the same sub-section 4, as the result of 10° of this I, is inserted a sub-section 5 entitled: "Common provisions for medical, surgical, gynaecological-obstetric and odontology activities and follow-up and rehabilitation activities" and including articles L. 162-22-17, L. 162-22-23, L. 162-22-19 and L. 162-22-20, which become, respectively,-12,
12° In the first paragraph of Article L. 162-22-18, the words: "the provisions of Article L. 162-22-6" are replaced by the references: "Articles L. 162-22-6 and L. 162-23-1";
13° Article L. 162-22-19 is amended as follows:
(a) After 1°, it is inserted a 1° bis as follows:
« 1° bis Funding for follow-up and rehabilitation activities and its impact on the activity and financial balance of public and private institutions; »
(b) At the end of the first sentence of 2°, the reference: "to article L. 162-22-13" is replaced by the references: "to articles L. 162-22-13 and L. 162-23-8";
14° Section L. 162-22-20 is amended as follows:
(a) In the first paragraph, the reference: "at 1°" is replaced by the references: "at 1° and 4°";
(b) In the second sentence of the second paragraph, the word "defined" is replaced the word "defined";
15° Article L. 162-26 is amended as follows:
(a) In the first sentence of the first paragraph, the reference: "and L. 162-14-1" is replaced by the references: ", L. 162-14-1 and L. 162-21-1";
(b) In the second paragraph, the words: " follow-up or rehabilitation " are deleted;
16° Article L. 162-27 is amended as follows:
(a) In the second paragraph, the reference: "at 1° of Article L. 162-22-6" is replaced by the references: "at 1° of Articles L. 162-22-6 and L. 162-23-1";
(b) After the third preambular paragraph, a sub-item reads as follows:
"When these specialties are on the list referred to in Article L. 162-23-6, they receive a refund on invoice under the conditions defined in the same article and on the basis of the liability rate provided for in Article L. 162-16-6. » ;
(c) In the first sentence of the last paragraph, after the reference: "L. 162-22-7", the reference is inserted: "or Article L. 162-23-6";
17° The first paragraph of Article L. 174-2-1 is amended as follows:
(a) The reference: "at 1° of Article L. 162-22-6" is replaced by the references: "at 1° of Articles L. 162-22-6 and L. 162-23-1";
(b) The reference: "to article L. 162-22-7" is replaced by the references: "to articles L. 162-22-7 and L. 162-23-6";
18° Section L. 174-15 is amended as follows:
(a) In the first paragraph, the reference: ", L. 162-22-18" is deleted;
(b) After the first paragraph, two sub-items are inserted:
"The activities referred to in the 4th of Article L. 162-22 carried out by the health service of the armed forces shall apply to articles L. 162-23-1 to L. 162-23-11.
"The activities referred to in 1 and 4 of Article L. 162-22 shall apply when carried out by the health service of the armed forces, Articles L. 162-23-12 to L. 162-23-15. » ;
(c) It is added a paragraph to read:
"The expenses for the activities referred to in the second paragraph shall be taken into account in the objective referred to in Article L. 162-23. » ;
19° Section L. 753-4 is amended as follows:
(a) At the end of the first preambular paragraph, the reference: "to article L. 162-22-7" is replaced by the references: "to articles L. 162-22-7 and L. 162-23-6";
(b) At the end of the 3rd, the words: "the list referred to in Article L. 162-22-7" are replaced by the words: "the lists referred to in Articles L. 162-22-7 and L. 162-23-6".
II.-The Public Health Code is amended as follows:
1° In the first sentence of the last paragraph of Article L. 6114-1, the reference: "L. 162-22-18" is replaced by the reference: "L. 162-23-13";
2° The first sentence of the first paragraph of Article L. 6145-1 is amended as follows:
(a) After the reference: "L. 162-22-10", the reference is inserted: "and 2° of Article L. 162-23-4";
(b) The reference: "to article L. 162-22-7" is replaced by the references: "to articles L. 162-22-7 and L. 162-23-6";
(c) The reference: "to section L. 162-22-8" is replaced by the words: "to articles L. 162-22-8 and L. 162-23-7 of the same code, the staffing provided for in section L. 162-23-15";
(d) The reference: "to section L. 162-22-14" is replaced by the references: "to articles L. 162-22-14 and L. 162-23-8";
(e) After the reference: "L. 162-22-16", the reference is inserted: ", L. 162-23-3";
3° Article L. 6145-4 is amended as follows:
(a) In the first paragraph, after the reference: "L. 162-22-10", the reference is inserted: "or 2° of Article L. 162-23-4";
(b) At 2°, after the reference: "L. 162-22-14", the reference is inserted: "and II of Article L. 162-23-8";
(c) It is added a 4° as follows:
« 4° A modification of the elements mentioned in 1°, 2°, 3° and 6° of article L. 162-23-4 of the same code. »
III.-This section is applicable as of January 1, 2017, subject to the following provisions.
A.-By derogation from Article L. 162-23-4 of the Social Security Code and no later than 1 March 2022, the level of fractions mentioned in 1° of the same article may be differentiated between the establishments mentioned in (a) (b) and (c) of Article L. 162-22-6 of the same code, on the one hand, and the establishments mentioned in (d) and (e) of the same article, on the other.
B.-By derogation from sections L. 162-23-3 and L. 162-23-4 of the Social Security Code and not later than 1 March 2022, the hospitalization benefits referred to in 1° of Article L. 162-23-1 of the same code are borne by the mandatory health insurance plans on the basis of the rates referred to in Article L. 162-23-4 of that Code, under the conditions defined in Articles L. 162-23
The transition coefficient referred to in the first paragraph of this B shall be calculated, for each institution, to take into account the consequences on the health insurance income of the institution of the financing modalities defined in articles L. 162-23-2, L. 162-23-3 and L. 162-23-4 of the social security code in relation to those pre-existing. The calculated coefficient takes effect from March 1, 2017 and applies until February 28, 2022 at the latest. The coefficient shall reach value 1 by March 1, 2022.
Every year, health and social security ministers stop the regional average rate of convergence of the transition factors of health institutions.
The State sets out the general rules for modulating the regional average rate of convergence between the establishments of the region. The average rate of convergence of the transition coefficients of establishments for which the value of the coefficient is less than 1 may exceed the regional average rate of convergence provided that the additional financial mass resulting from this exceedance is taken from establishments for which the value of the transition coefficient is greater than 1. This sampling results from the application of a convergence rate for these establishments higher than the regional average rate.
The value of the transition coefficient of each institution is determined by the Director General of the Regional Health Agency and takes effect on the effective date of the service rates referred to in section L. 162-23-4 of the same code. The transition coefficient for each facility shall reach the value of 1 by 1 March 2022.
A decree in the Council of State sets out the modalities for the application of this B.
C.-By derogation fromArticle L. 174-2-1 of the Social Security Code, in its drafting resulting from this Act, hospitalization benefits, external acts and consultations as well as pharmaceutical specialties referred to in section L. 162-23-6 of the same code are not charged to the credit union designated under section L. 174-2 of that Code. The establishments referred to in a, b and c of Article L. 162-22-6 of the same code shall transmit to the regional health agency on a regular basis, for the activities referred to in Article L. 162-22 of the said Code, their activity data, including those relating to external consultations. They simultaneously transmit the consumption of the pharmaceutical specialties mentioned in this paragraph.
The establishments transmit a copy of this information to the credit union referred to in Article L. 174-2 of the same code.
The regional health agency shall, for each establishment, make the valuation of the activity by applying the rates of benefits set out in accordance with Article L. 162-23-4 of this Code under the conditions set out in B of this III and, on the other hand, of the consumption of the pharmaceutical specialties mentioned in the first paragraph of this C. The regional agency shall determine the amount so calculated and notify the establishment and the credit union referred to in theArticle L. 174-2 of the Social Security Code.
The regional health agency conducts monitoring of the data transmitted. Without prejudice to section L. 162-23-13 of the same code, when it finds anomalies, after the establishment was made able to make its observations known, it deducts the unduly paid amounts from the following periods.
The exemption provided for in this C shall end no later than March 1, 2020 in terms of terms and conditions specified by decree, which may be different depending on the class of establishments and as it is, on the one hand, of acts and external consultations or, on the other hand, of hospitalization and pharmaceutical specialties, referred to in Article L. 162-23-6 of the said Code.
IV.-From 1 January to 31 December 2016, by derogation from L. 162-22-2 and L. 174-1-1 of the Social Security Code, a portion of the amount of the objectives mentioned in the same articles is allocated, by order of ministers responsible for health and social security, to the establishment of an endowment. This endowment participates in the financing of the missions of general interest carried out by the health institutions mentioned in a, b, c and d of section L. 162-22-6 of the same code as part of their follow-up and rehabilitation activities.
The commitments of health institutions are entered into the multi-year contract of objectives and means mentioned in theArticle L. 6114-2 of the Public Health Code.
Ministers responsible for health and social security stop:
1° The list of missions funded by this staffing as well as the criteria for allocation to institutions;
2° The amount of regional allocations, based on the amount mentioned in the first paragraph of this IV and following the advice of the most representative national organizations of health facilities.
The annual amount of staffing for each institution is determined by the Director General of the Regional Health Agency, based on missions of general interest, care activities for specific populations, and the objectives and guidance provided under the multi-year contract of objectives and means and their status of progress. These endowments are paid to the establishments, under conditions established by decree, by the funds mentioned in the articles L. 174-2 or L. 174-18 Social Security Code.
V.-From January 1, 2016 to February 28, 2017, an amount related to expenditure on the consumption of expensive molecules is identified within the annual funding allocation referred to inArticle L. 174-1 of the Social Security Code allocated to health facilities referred to in a, b and c of section L. 162-22-6 of the same code, for their follow-up and rehabilitation activities.
The Government submits to Parliament, by December 31, 2016, a report on the management of all direct or indirect costs related to cancer pathology and the remains of patients, including restorative surgery, for example in cases of breast cancer.
The Government submits to Parliament, by 1 October 2016, a report on the development and enhancement of multidisciplinary consultations in health institutions. Its purpose is to assess the improvement of the management of these consultations in terms of the economies induced by their development.
I.-Article L. 162-1-17 of the Social Security Code is amended as follows:
1° At the beginning of the first paragraph, the words: "In accordance with the regional multi-year action plan to improve the appropriateness of care provided for in Article L. 162-30-4" are replaced by the words: "When it finds that the practices or requirements of a health facility are not in accordance with one of the references referred to in Article L. 162-30-3 or when the establishment is identified under the action plan"
2° In the second sentence of the penultimate paragraph, the words: "the penultimate paragraph of the II of" are deleted.
II.-Article L. 162-22-7 of the same code is amended as follows:
1° The second to last paragraphs of I are deleted;
2° II is repealed.
III.- Articles L. 162-30-2 to L. 162-30-4 of the Social Security Code are as follows:
"Art. L. 162-30-2.-A contract to improve the quality and efficiency of care is concluded between the Director General of the Regional Health Agency, the Director of the Local Health Insurance Agency and the legal representative of each health institution within their geographic scope. Its purpose is to improve the quality, safety and relevance of care and requirements and to allow a decrease in the expenses of health insurance.
"This contract includes:
« 1° A mandatory component on the proper use of medicines, products and benefits;
« 2° Where applicable, one or more additional components concluded with the establishments identified under the Regional Multi-Year Action Plan to Improve the Adequacy of Care or failing to comply with, for certain acts, benefits or requirements of health care institutions or professionals exercising them, one or more quality, care safety or thresholds expressed in volume or health insurance expenses referred to in Article L. 162-30-3.
"The contract is concluded for an indefinite period. By derogation, additional components may be completed for a maximum of five years. In particular, it provides, in accordance with a model contract established by decree of ministers responsible for health and social security, the respective obligations of the parties, the objectives to be achieved by the institution and their methods of assessment. In the absence of a national standard contract, the regional health agency can terminate a regional type contract.
"If a health care institution refuses to enter into this contract or any of its components, the Director General of the Regional Health Agency shall, after the establishment has been able to submit its observations, issue a financial penalty of 1% of the products received from the mandatory health insurance plans by the health care institution for the last fiscal year. The sum of this penalty and those referred to in section L. 162-30-4 may not exceed 5% of the products received from the mandatory health insurance plans by the health institution for the last fiscal year. The proceeds of these sanctions are paid to health insurance. In the event of a refusal to conclude health product components, the Director General of the Regional Health Agency may choose, instead of the sanction mentioned in the first sentence of this paragraph, to reduce by 30% the share of the mandatory health insurance plans of the pharmaceutical specialties, products and benefits referred to in Article L. 162-22-7. In all cases, the difference between the refundable amount and the refunded amount cannot be charged to patients.
"The terms and conditions of application of this Article shall be determined by decree.
"Art. L. 162-30-3.-The State shall, on the basis of the national or regional analysis of health insurance expenditures or recommendations prepared by the High Health Authority, the National Cancer Institute or the National Agency for the Safety of Medicine and Health Products, establish references of relevance, quality, safety of care or thresholds, expressed in volume or expenditure of health insurance, on certain health facilities or services or thresholds They may cover all health insurance benefits as long as they are prescribed or dispensed in a health care facility. They may be national or regional.
"The regional health agency is developing a regional multi-year action plan to improve the relevance of care, which defines priority areas of action to improve the relevance of care in the region, including the criteria used to identify health facilities to conclude an additional component of the contract referred to in section L. 162-30-2.
"When the regional health agency, together with the local health insurance agency, finds that the practices of an institution or the requirements of health professionals in the institution do not comply with one or more of the repositories agreed by the State or pursuant to the above-mentioned regional action plan, it may propose to the establishment to enter into an agreement to improve the quality and efficiency of care referred to in the same article L 162-2.
"The terms and conditions for the development of the action plan, the categories of acts, benefits or requirements that are the subject of these contracts and the nature of the data taken into account and the methods used to stop these repositories and verify the conformity of the practices of the establishments are determined by decree.
"Art. L. 162-30-4.-The achievement of the objectives set by the contract referred to in Article L. 162-30-2 is subject to an annual assessment. In the event of non-realization or partial achievement of these objectives, the Director General of the Regional Health Agency may, after the advice of the local health insurance organization and after the establishment has been put in a position to present its observations, issue a financial penalty proportionate to the extent of the deficiencies identified and their impact on the health insurance expenses, to the extent, for each part of the contract, of 1% of the products received from the mandatory health insurance plans
"The non-realization or partial achievement of the objectives may also result in the prior approval of certain benefits or requirements, under the conditions provided for in Article L. 162-1-17, or, in the case of deficiencies relating to health products, the reduction, within the limit of 30% and taking into account the deficiencies found, of the portion taken care by the health insurance of the pharmaceutical specialties and products and of the goods and In all cases, the difference between the refundable amount and the refunded amount cannot be charged to patients. »
IV.-Section L. 322-5-5 of the same code is repealed.
V.-I, II and IV of this article and articles L. 162-30-2 and L. 162-30-4 the Social Security Code, in its drafting resulting from this Act, enter into force on the day after the issuance of the decree referred to in the same article L. 162-30-2 for new contracts, and no later than 1 January 2018.
Contracts concluded prior to the publication of the above-mentioned decree continue to produce their effects until December 31, 2017.
Article L. 162-30-3 of the same code, in its drafting resulting from this article, comes into force on the day after the publication of the decree referred to in Article L. 162-30-2 of the said Code for new contracts. Contracts concluded prior to the publication of the above-mentioned decree continue to produce their effects until December 31, 2017.
The first paragraph of Article L. 322-5 of the Social Security Code is as follows:
"Transport costs are borne on the basis of, on the one hand, the less expensive journey and mode of transport compatible with the condition of the beneficiary and, on the other hand, a medical prescription established under the rules defined in section L. 162-4-1, including those relating to the identification of the prescriptor, including when the prescriptor exercises in a health care facility. »
I.-The second sentence of Article L. 162-22-9 of the Social Security Code is supplemented by the words: "especially from national cost studies referred to inArticle L. 6113-11 of the Public Health Code "
II.-Chapter III of Book I of Part VI of the Public Health Code is amended as follows:
1° Article L. 6113-11 becomes Article L. 6113-14;
2° After the article L. 6113-10-2, articles L. 6113-11 to L. 6113-13 are inserted as follows:
"Art. L. 6113-11.-In order to provide data on the costs of care in health facilities, national cost studies are carried out annually with health facilities under the categories referred to in a to d of Article L. 162-22-6 of the Social Security Code.
"These studies cover fields of activity defined by decree in the Council of State.
"The realization of these studies is entrusted to a public person designated by decree in the Council of State.
"Art. L. 6113-12.-Ministers responsible for health and social security shall, on the proposal of the public person referred to in the last paragraph of Article L. 6113-11 and after the advice of the most representative national organizations of health institutions, stop the list of health facilities participating in the national cost studies of the following year.
"This list is prepared under the following conditions:
« 1° An application is made by the public person referred to in the last paragraph of section L. 6113-11. Health institutions that have reported applications are participating in national cost studies provided that they are able to provide data, including medical and accounting, necessary for their implementation. Otherwise, they may be supported to prepare their participation in the national cost studies of the following year;
« 2° Following the call for applications referred to in 1° of this article, where the list of selected establishments is insufficient to provide reliable data on the costs of care in health facilities, the public person referred to in the last paragraph of section L. 6113-11 implements a complementary procedure for the selection of health establishments whose participation in national cost studies would, because of their status or their activities, improve the reliability of the application.
"The establishments selected under this supplementary procedure shall transmit to the public person referred to in the last paragraph of the same article L. 6113-11 information to ensure their ability to provide the data necessary for the conduct of national cost studies. Only institutions able to provide such data participate in national cost studies. Institutions that do not meet this requirement may be supported to prepare their participation in the following year's national cost studies.
"In the event of a refusal of a health institution selected according to the supplementary procedure to transmit to the public person referred to in the last paragraph of that section L. 6113-11 the information referred to in the penultimate paragraph of this section, the Director General of the Regional Health Agency shall, after the establishment has been put in a position to submit its observations, a financial penalty, the amount of which may not exceed 1% of the products received from the mandatory health insurance plans
"Art. L. 6113-13.-An agreement is signed between the public person referred to in the last paragraph of section L. 6113-11 and each health institution listed in section L. 6113-12.
"In the event of a health institution's refusal to sign this agreement, the Director General of the Regional Health Agency shall, after the establishment has been put in a position to submit its observations, issue a financial penalty, the amount of which cannot exceed 1% of the products received from the mandatory health insurance plans by the health institution for the last fiscal year.
"In exchange for the means employed by the institution to produce the data necessary for the conduct of national cost studies, the public person referred to in the last paragraph of section L. 6113-11 shall provide the institution with funding under the conditions defined by the agreement.
"In the event of non-compliance with its contractual obligations, the establishment shall return the compensation received under the conditions defined by the agreement. »
I.-The Social Security Code is amended as follows:
1° 5° of Article L. 162-14-1 is amended as follows:
(a) After the word: "realized", the words are inserted: "in the framework of the activities of permanence of care, mentioned in theArticle L. 1435-5 of the Public Health Code, and » ;
(b) The words: "the base and" are replaced by the words: "the income categories for which these contributions can be borne,"
2° Article L. 612-3 is as follows:
"Art. L. 612-3.-For the benefit of the Maternity Health Insurance Plan defined herein, a contribution is made to the care of medical practitioners and auxiliaries treated in article L. 722-1, whose rate is 3.25 per cent.
"This contribution is calculated and recovered under the conditions set out in sections L. 131-6, L. 131-6-1 and L. 131-6-2 on the share of occupational activity revenues derived:
« 1° Excerpts mentioned in the 18th of Article L. 162-5, in Article L. 162-5-13 and in Article L. 162-14-1;
« 2° Activities outside the scope of the conventions referred to in Article L. 162-14-1, with the exception of non-earmarked activities carried out in structures whose funding includes their remuneration and with the exception of participation in the permanence of care defined in theArticle L. 1435-5 of the Public Health Code. »
II.-Until January 1, 2018, the financial participation of the Maternity and Health Insurance to be provided for 5° of Article L. 162-14-1 of the Social Security Code, in its writing resulting from this section, shall be capped, except in the case of an agreement concluded from the publication of this Act, to an amount calculated, for each income category taken into account in the conventions referred to in the same section, on the basis of the rate of contributions applicable to that income category decreased by 0.1 point.
III.-This section applies to contributions due for current periods effective January 1, 2016, including contributions calculated on a reserve basis for the 2016 fiscal year.
For the year 2016 and by derogation from the planned rateArticle L. 612-3 of the Social Security Codein its writing resulting from this article, the contribution rate defined in the same article shall be 1.65 per cent.
I. - The amount of the participation of compulsory health insurance plans in the financing of the fund for the modernization of public and private health facilities, referred to in Article 40 of the Social Security Financing Act for 2001 (No. 2000-1257 of 23 December 2000), is set at € 307 million for 2016.
II. - The amount of the mandatory health insurance plans for the financing of the National Medical Accident Compensation Board, Iiatrogen Conditions and Nosocomial Infections, referred to inArticle L. 1142-23 of the Public Health Codeis set at €87.5 million for 2016.
III. - The amount of participation of compulsory health insurance plans in the funding of the Health Emergency Preparedness and Response Facility, referred to in theArticle L. 3135-1 of the Public Health Codeis set at €15.2 million for 2016.
IV. - The amount of the contribution of the National Solidarity Fund for Self-Government to the financing of the regional health agencies for their actions concerning the care and support for the elderly or disabled, mentioned in the 3° of Article L. 1432-6 of the Public Health Codeis set at 117.17 million euros for 2016.
For the year 2016, the objectives of the Health, Maternity, Disability and Death branch are set:
1° For all compulsory basic social security schemes, at 201.1 billion euros;
2° For the general social security regime, 177,9 billion euros.
For the year 2016, the national objective of health insurance expenditures for all mandatory basic plans and its sub-objectives are set as follows:
(In billions of euros)
| City care expenses | 84.3 |
| Expenditures on health facilities tariffed to activity | 58.1 |
| Other expenditure on health facilities | 19.8 |
| Contribution of health insurance to expenses in institutions and services for older persons | 8.9 |
| Contribution of health insurance to expenses in facilities and services for persons with disabilities | 9.3 |
| Regional Response Fund expenditures | 3.1 |
| Other support | 1.7 |
| Total | 185.2 |
For the year 2016, the forecast of the expenses of the organizations involved in the financing of the mandatory social security regimes is set as follows:
(In billions of euros)
| Old-age solidarity fund | 20.1 |
I.-The Social Security Code is amended as follows:
1° Article L. 161-23-1 is amended as follows:
(a) After the words: "every year", the end of the first paragraph is thus written: "by applying the coefficient referred to in Article L. 161-25. » ;
(b) The second paragraph is deleted;
2° After the words: "every year", the end of Article L. 341-6 is thus written: "by applying the coefficient referred to in Article L. 161-25. » ;
3° In Article L. 351-11, the words: "every year by application of the annual revalorization coefficient referred to" are replaced by the words: "in the conditions provided";
4° At the end of the third paragraph of Article L. 353-5, the words: "in accordance with the terms provided for in Article L. 351-11" are replaced by the words: "in the conditions provided for in Article L. 161-23-1";
5° In the first paragraph of Article L. 356-2, the words "revisioned under the same conditions as the benefits provided under Chapters I to IV of Title V of this book" are replaced by the words "revalued under the conditions set out in Article L. 161-23-1";
6° In Article L. 413-7, the words: "planned coefficients of revalorization" are replaced by the words: "planned coefficient of revalorization";
7° At the end of the first sentence of the second paragraph of Article L. 434-1, the words: "under the conditions laid down in Article L. 351-11" are replaced by the words: "at 1 April of each year by applying the coefficient referred to in Article L. 161-25";
8° The last sentence of the third paragraph of Article L. 434-2 is as follows:
"It is revalued on April 1 of each year by applying the coefficient referred to in Article L. 161-25. » ;
9° In the last sentence of the first paragraph of Article L. 434-6, the words: "the coefficients mentioned" are replaced by the words: "the coefficient mentioned";
10° In the first paragraph of Article L. 434-16, the words: "According to the coefficients of revalorization set for disability pensions by the decrees taken under Article L. 341-6" are replaced by the words: "at 1 April of each year according to the coefficient referred to in Article L. 161-25",
11° Article L. 434-17 is as follows:
"Art. L. 434-17.-The annuities referred to in Article L. 434-15 shall be revalued on April 1 of each year by applying the coefficient referred to in Article L. 161-25. » ;
12° Section L. 551-1 is amended as follows:
(a) After the words: "every year", the end of the first paragraph is thus written: "by applying the coefficient referred to in Article L. 161-25. » ;
(b) The second paragraph is deleted;
13° In section L. 816-2, the words: "of the allocations defined in this heading and of the resource limits provided for their attribution" are replaced by the words: "of the allocation defined in section L. 815-1 and of the resource limits provided for its attribution" and the words: "at the same dates and under the same conditions as those applicable to the disability pensions provided for in section L. 341-6" are replaced
14° The first paragraph of Article L. 861-1 is amended as follows:
(a) In the first sentence, the words: ", revised each year to take into account price changes" are replaced by the words: "and revalued on April 1, each year, by applying the coefficient referred to in Article L. 161-25";
(b) The second and third sentences are deleted;
(c) Is added a sentence as follows:
"The amount of the ceiling is determined by order of the Minister for Social Security. »
II.-At the 1st of Article L. 211-10 of the Code of Social Action and Families, the words "in the first paragraph of" are replaced by the word "to".
III.-The Rural and Maritime Fisheries Code is amended as follows:
1° In 2° of articles L. 732-24 and L. 762-29, the words: "every year following the coefficients fixed in application" are replaced by the words: "in the conditions provided for";
2° In the first paragraph of Article L. 751-46, the words: "the coefficients mentioned" are replaced by the words: "the coefficient mentioned";
3° In the second sentence of the sixth paragraph of Article L. 752-6, the words "planned coefficients" are replaced by the words "planned coefficient";
4° At 5° of Article L. 753-8, the words: "planned revalorization coefficients" are replaced by the words: "of the expected revalorization coefficient".
IV.-A Article 1 of Act No. 74-1118 of 27 December 1974 on the revalorization of certain rents allocated for the repair of damage caused by an engine-driven land vehicle, the words: "anticipated coefficients of revalorization" are replaced by the words: "anticipated coefficient of revalorization".
V.-At the beginning of the f 1° of Article 5 of Act No. 87-563 of 17 July 1987 reforming the old-age insurance regime applicable to Saint-Pierre-et-Miquelon, the words "In the first paragraph of" are replaced by the word "A".
VI.-Le 11° of Article 11 of Order No. 77-1102 of 26 September 1977 extending and adapting to the department of Saint-Pierre-et-Miquelon various provisions relating to social affairs are as follows:
"11° Article L. 551-1; "
In section 1084 of the General Tax Code, the word "cash" is replaced by the word "organizations" and the word "authorized" is replaced by the word "authorised".
The Social Security Code is thus amended:
1° In the second sentence of the last paragraph of Article L. 122-2, the references: "L. 216-2-1 and L. 216-2-2" are replaced by the references: "L. 122-6, L. 122-7, L. 122-8, L. 122-9 and L. 611-11";
2° After chapter II of title II of Book I, a chapter II bis is inserted as follows:
“Chapter II bis
“Organization and management of missions and activities
"Art. L. 122-6.-I.-The boards of directors of national bodies define the guidelines for the organization of the network of organizations of the branch or the regime concerned.
"For the purposes of these guidelines, the Director of the national agency may entrust to one or more organizations of the branch or plan the conduct of missions or activities related to the management of organizations, the service of benefits, the recovery and management of cash activities.
"The terms and conditions for the implementation of the guidelines referred to in the second paragraph are set by a convention established between the national body and local or regional bodies, with the exception of the terms and conditions for the handling of disputes and disputes relating to them and their follow-ups, which are specified by decree. Directors sign the agreement, after advice from the boards of the local or regional bodies concerned.
"II.-For the benefit service missions, the designated agency may, on behalf of the other local or regional organizations, participate in the reception and information of the beneficiaries, serve the benefits, conduct administrative audits and investigations regarding their attribution and carry out the litigation related to these transactions, including acting on demand and defence before the courts. It may also, for these same missions, be assigned certain skills from other local or regional organizations.
"III.-The designated collection union may, on behalf of other unions, carry out missions related to the recovery, control and litigation of recovery and the management of cash activities. It may also, for these same missions, be assigned certain skills of other unions.
"IV.-The terms and conditions of application of this article are determined by decree.
"Art. L. 122-7.-The director of a local or regional organization may delegate to a local or regional organization the conduct of missions or activities related to the management of the organizations, by a convention that takes effect after approval by the director of the national body of each branch concerned.
"When the pooling includes accounting, financial or control activities under the accounting officer, the agreement is also signed by the accounting officers of the organizations concerned.
"Art. L. 122-8.- Directors of national organizations may entrust to one or more social security organizations of another branch or other plan missions or activities related to the management of their network organizations, the service of benefits, the recovery and management of cash activities.
"The modalities for the implementation of the first paragraph, with the exception of the terms and conditions for the handling of disputes and related litigations and their follow-ups, which are specified by decree, are determined by a convention signed by the directors of the national bodies concerned.
"Art. L. 122-9.-Where the delegant organization retains responsibility for payment transactions, the accounting officer of the delegate agency responsible for the liquidation of the amounts payable shall conduct audits to verify the accuracy of these transactions prior to their payment by the accounting officer of the delegant organization. These audits are carried out in accordance with guidelines established jointly with the accounting officer of the delegating agency and under its responsibility, consistent with the internal control frameworks of the relevant branches or regimes. » ;
3° Articles L. 216-2-1 and L. 216-2-2 are repealed;
4° After the word: "missions", the end of the 3rd of Article L. 221-3-1 is deleted;
5° After the article L. 611-9, an article L. 611-9-1 is inserted as follows:
"Art. L. 611-9-1.-The basic funds to be merged under section L. 611-9 may decide to establish a single budget and a single accounting of budgetary transactions. The choice of holding a single accounting may also be extended to all or part of the technical operations carried out under section L. 611-11.
"The director of the national caisse is one of the directors of the caisses called to merge the director responsible for developing and executing the single budget and for stopping the single account. It is also among the accounting officers of the cash pools to be merged to establish the single account.
"The single budget and the single account are approved by each of the boards of directors of the funds to be merged.
"The terms and conditions for the implementation of the decisions set out in the first paragraph shall be determined by an agreement, based on a model established by the national caisse, between the relevant core funds, signed by their director and accountant, after notice of their board of directors and joint validation by the Director General and the accounting officer of the national caisse. »
I.-Chapter IV ter of Book I of the Social Security Code is amended as follows:
1° In the first instance of the first sentence of the first paragraph of Article L. 114-9, in the first sentence of the first paragraph of Article L. 114-10, in the first paragraph of Article L. 114-11 and in the first instance of the first paragraph of Article L. 114-19, after the word: "organisms", the words "managers of the management of a compulsory regime" are inserted;
2° Section L. 114-10 is amended as follows:
(a) In the first sentence of the first paragraph, after the words "social security" are inserted the words "or by order of the minister responsible for agriculture";
(b) In the third paragraph, the words "of the general regime" are replaced by the words "and different social security regimes";
(c) After the third preambular paragraph, a sub-item reads as follows:
"The minutes transmitted to another social welfare agency are believed in it until proven otherwise. The Director of this organization shall, where appropriate, derive the consequences, in accordance with the procedures applicable to that organization for the award of the benefits to which he or she is responsible. » ;
(d) The last paragraph is deleted.
II.-The title II of Book VII of the Rural and Maritime Fisheries Code is amended as follows:
1° In the first sentence of the first paragraph of Article L. 724-7, the words: "as well as those of articles L. 732-56 et seq." are replaced by the words: ", control of the application of articles L. 732-56 to L. 732-63 and control of the health and social measures referred to in Chapter VI of this title II";
2° Section L. 724-11 is amended as follows:
(a) The first two paragraphs are thus drafted:
"Agreed and sworn supervisors of agricultural social mutuality funds may apply to contributors, beneficiaries of benefits, social insured persons and their beneficiaries, their names, addresses, employment, the amount of their income, and any information that is relevant to the performance of their duties.
"Contributors, benefit recipients, social insured persons and their beneficiaries are required to receive certified and sworn supervisors from the agricultural social mutuality funds that are present to ensure the exercise of their duties and to submit to them any documents necessary for the exercise of their control or investigation. » ;
(b) The penultimate paragraph is thus written:
"At the end of the check, the officers referred to in the first paragraph must communicate to the controlled persons their observations on contributions and contributions due, inviting them to respond within a specified period of time. » ;
3° Sections L. 725-14 and L. 725-15 are repealed.
Title IV of Book VI of the Commercial Code is thus amended:
1° The I of Article L. 643-11 is supplemented by a 3° as follows:
"3 When the debt originates from fraudulent maneuvers committed to the harm of the social welfare organizations mentioned in theArticle L. 114-12 of the Social Security Code. The fraudulent origin of the debt is established either by a court decision or by a sanction imposed by a social security organization under the conditions laid down in articles L. 114-17 and L. 114-17-1 of the same code. » ;
2° In the second sentence of Article L. 645-11, the reference: "and 2°" is replaced by the reference: "to 3°".
I.-Section 1 of Chapter I of Part VII of Book II of Part 8 of the Labour Code is supplemented by an article L. 8271-6-3 as follows:
"Art. L. 8271-6-3.-The control officers referred to in Article L. 8271-1-2 may transmit to the officers authorized by the Director of the National Council for Private Security Activities, referred to in theArticle L. 634-1 of the Internal Security Codeany information and documents that enable them to ensure the control of persons engaged in private security activities in order to draw the consequences of an illegal work situation.
"The officers authorized by the Director of the National Council for Private Security Activities may transmit to the supervisors referred to in Article L. 8271-1-2 of this Code any information and documents necessary for their mission to combat illegal work. »
II.-Book VI of the Internal Security Code is amended as follows:
1° Section 1 of chapter IV of title III is supplemented by an article L. 634-3-1 as follows:
"Art. L. 634-3-1.-The provisions applicable to the exchange of information between officers authorized by the Director of the National Council for Private Security Activities and the supervisors referred to in theArticle L. 8271-1-2 of the Labour Code are defined in Article L. 8271-6-3 of the same code. » ;
2° After the 7° of the article L. 642-1, it is inserted a 7° bis as follows:
« 7° bis In article L. 634-3-1, the words: “in article L. 8271-1-2 of the labor code” are replaced by the words: “in articles L. 312-5, L. 610-1, L. 610-14 and L. 610-15 the Labour Code applicable to Mayotte ” ;”
3° After the 11th of the article L. 645-1, it is inserted an 11° bis as follows:
"11° bis In Article L. 634-3-1, the words: "control agents mentioned in theArticle L. 8271-1-2 of the Labour Code “are replaced by the words: “agents responsible for the control of illegal work in accordance with applicable local provisions”;”
4° After the 12th of the article L. 646-1, it is inserted a 12° bis as follows:
"12° bis In Article L. 634-3-1, the words: "control agents mentioned in theArticle L. 8271-1-2 of the Labour Code “are replaced by the words: “agents responsible for the control of illegal work in accordance with applicable local provisions”;”
5° After the 11th of the article L. 647-1, it is inserted an 11° bis as follows:
"11° bis In Article L. 634-3-1, the words: "control agents mentioned in theArticle L. 8271-1-2 of the Labour Code “are replaced by the words: “agents responsible for the control of illegal work in accordance with applicable local provisions”;”.
III.-Chapter III of Book III title I of the Labour Code applicable to Mayotte is supplemented by an article L. 313-7 as follows:
"Art. L. 313-7.-The control officers referred to in sections L. 312-5, L. 610-1, L. 610-14 and L. 610-15 of this Code may transmit to the officers authorized by the Director of the National Council for Private Security Activities, referred to inArticle L. 634-1 of the Internal Security Codeany information and documents that enable them to ensure the control of persons engaged in private security activities in order to draw the consequences of an illegal work situation.
"The officers authorized by the Director of the National Council for Private Security Activities may transmit to the supervisors referred to in articles L. 312-5, L. 610-1, L. 610-14 and L. 610-15 of this Code all information and documents necessary for their mission to combat illegal work. »
IV.-Article L. 114-16-1 of the Social Security Code is supplemented by a sub-paragraph as follows:
"Without prejudice to the information exchange faculties they have with the officials of the administrative authorities mentioned in theArticle 1 of Order No. 2005-1516 of 8 December 2005 concerning electronic exchanges between users and administrative authorities and between administrative authorities, the agents of the services referred to in theArticle L. 811-2 of the Internal Security Code or services designated by the decree in the Council of State provided for in Article L. 811-4 of the same code are entitled to transmit to the agents mentioned in Article L. 114-16-3 of this Code the information strictly useful to the fulfilment of their missions, when the transmission of this information directly participates in the continuation of one of the purposes provided for in theArticle L. 811-3 of the Internal Security Code. »
V.-The 1st of this article is applicable in French Polynesia, New Caledonia and the Wallis and Futuna Islands.
Article L. 114-19 of the Social Security Code is amended as follows:
1° After the 3rd it is inserted a paragraph as follows:
"The right provided for in the first paragraph may relate to information relating to unidentified persons, under conditions fixed by decree in the Council of State taken after the advice of the National Commission on Informatics and Freedoms. » ;
2° At the end of the penultimate paragraph, the amount: "7 500 €" is replaced by the words: " 1,500 € per contributor, insured or allocataire concerned, without the total fine being greater than 10,000 €".
This law will be enforced as a law of the State.
ANNEXES
ANNEX A
Report on the heritage situation, as of December 31, 2014, of the mandatory basic plans and organizations that contribute to their financing, the dampening of their debt or the reserving of revenues for their benefit and describe the measures planned for the allocation of surpluses and the coverage of deficits identified for fiscal year 2014
I. - Heritage Situation of Social Security as at 31 December 2014
(In billions of euros)
| Assets | 7.0 | 7.7 | Clean capital | - 110.7 | - 110,9 |
| Non-financial assets | 4.3 | 4.3 | Rankings | 29.2 | 30,9 |
| General regime | 0.6 | 0.6 | |||
| Loans, security deposits | 1.7 | 2.5 | Other plans | 4.5 | 4.2 |
| Social Debt Relief Fund (CADES) | 0.2 | 0.2 | |||
| Advances/ready granted to organizations in the social sphere | 1.0 | 0.9 | Retirement Reserve Fund (RRF) | 23.9 | 26.0 |
| Reservations | 12.1 | 10.3 | |||
| General regime | 2.6 | 2.6 | |||
| Other plans | 5.5 | 5.5 | |||
| FRR | 4.1 | 2.2 | |||
| Report again | - 156.9 | - 152.6 | |||
| General regime | - 10.0 | - 4.3 | |||
| Other plans | - 3.8 | - 3.0 | |||
| CADES | - 143.1 | - 145.4 | |||
| Year result | 1.4 | - 1.6 | |||
| General regime | - 9.6 | - 12.5 | |||
| Other plans | 0.4 | - 0.6 | |||
| Fonds de solidarité vieuxsse (FSV) | - 3.5. | - 2.9 | |||
| CADES | 12.7 | 12.4 | |||
| FRR | 1.4 | 1.9 | |||
| Estimate scale (market value RIF asset reassessment) | 3.4 | 2.1 | |||
| Risk and expense provisions | 15.0 | 20.4 | |||
| Financial assets | 58.5 | 55.4 | Financial liabilities | 179.9 | 173.4 |
| Securities and investment securities | 50.4 | 48.3 | Debts represented by a title (bonds, cash notes, euro-papiers) | 162.5 | 159.8 |
| General regime | 0.1 | 0.5 | General regime | 24.2 | 20.5 |
| Other plans | 7.5 | 6.9 | CADES | 138.2 | 139.3 |
| CADES | 7.0 | 7.1 | |||
| FRR | 35.9 | 33.9 | Debts in credit institutions | 12.4 | 11.2 |
| Central Agency for Social Security Organizations (ACOSS) | 6.0 | 3.0 | |||
| Banking | 7.9 | 6.7 | General Plan (Pending Payment Orders) | 4.6 | 4.6 |
| General regime | 2.2 | 1.5 | Other plans | 0.8 | 2.6 |
| Other plans | 1.5 | 1.8 | CADES | 1.0 | 1.0 |
| FSV | 1.2 | 1.0 | |||
| CADES | 1.7 | 0.2 | Deposits received | 1.9 | 2.2 |
| FRR | 1.3 | 2.2 | ACOSS | 1.9 | 2.2 |
| Net financial instruments debt | 0.2 | 0.0 | |||
| Net financial instruments | 0.2 | 0.4 | ACOSS | 0.2 | 0.0 |
| CADES | 0.2 | 0.2 | Other | 0.2 | |
| FRR | 0.0 | 0.2 | Other plans | 0.1 | |
| CADES | 0.1 | ||||
| Circulating | 69.7 | 63,7 | Circulating liabilities | 51.0 | 43.8 |
| Benefits | 7.8 | 7.6 | Debts and liabilities (CAP) for recipients | 27.1 | 20.0 |
| Contributions, social contributions and social security taxes | 11.1 | 9.3 | Debts to contributors | 1.2 | 1.2 |
| Products receivable from contributions, social contributions and other taxation | 35.7 | 35.5 | |||
| Public entities | 9.0 | 9.0 | Debts in respect of public entities | 9.6 | 8.7 |
| Products to be received from the State | 0.5 | 0.5 | |||
| Other assets | 5.2 | 1.8 | Other liabilities | 13.1 | 13.8 |
| Total assets | 135.2 | 126.8 | Total liabilities | 135.2 | 126.8 |
The net liability (or "debt") of social security, measured by its negative equity, which represents the accumulated deficits remaining to be financed, amounted to €110.7 billion as of December 31, 2014, the equivalent of 5.2 points of GDP. After the sharp deterioration following the economic crisis of the 2008-2009s, this net liability for the first time in 2014 was a slight improvement, which essentially reflected the continued reduction of the deficits of the basic plans and the FSV (12.8 billion euros in 2014 compared to 16,0 billion euros in 2013 and 19,2 billion euros in 2012) and the amortization of the debt carried out by CADES (12,7 billion euros in 2014 compared to 12,4 billion euros in 2014).
This improvement is particularly reflected in the observation, for the first time in 2014, of a positive consolidated result on the overall scope of social security outlined above, with a surplus of 1.4 billion euros compared to a deficit of 1.6 billion euros in 2013.
The financing of the net social security liability is provided principally by a use of the loan, mainly carried by CADES and CAOSS. The net financial indebtedness of social security, which corresponds to the difference between the financial debts and the financial assets placed or held in cash, is therefore at a level close to it and follows the trends, corrected by the effects of the change in working capital related to the financing of the circulating assets and liabilities (creations and debts) and the acquisition of fixed assets, which also weigh on the cash. As a result of the increase in the need for working capital related particularly to debts on contributors issued in 2014, which has also remained stable, net financial indebtedness amounted to 121.3 billion euros as at 31 December 2014, a slight increase compared to the end of 2013.
Evolution of net liabilities, net financial indebtedness and consolidated social security accounting results since 2009
(In billions of euros)
| Net liabilities as at 31 December (negative capital) | - 66.3 | - 87.1 | - 100.6 | - 107.2 | - 110,9 | - 110.7 |
| Net financial debt as at 31 December | - 76.3 | - 96.0 | - 111.2 | - 116.2 | - 118.0 | - 121.3 |
| Consolidated accounting result for the year | - 19.6 | - 23.9 | - 10.7 | - 5.9 | - 1.6 | + 1.4 |
II. - Coverage of deficits and allocation of surpluses in fiscal year 2014
The General Plan accounts were deficits of €9.7 billion in 2014. The Maladie branch has thus recorded a deficit of 6.5 billion euros, the Family branch a deficit of 2.7 billion euros and the Vieilles branch a deficit of 1.2 billion euros, the Industrial Accidents and Occupational Diseases branch having released a surplus of 0.7 billion euros. In addition, the VSP registered a deficit of 3.5 billion euros.
Within the framework Organic Law No. 2010-1380 of 13 November 2010 on social debt management, Act No. 2010-1594 of 20 December 2010 Social Security Funding for 2011 organized the transfer to CADES of the 2011 deficits of the branches Disease and Family of the General Plan. It also provided for the gradual recovery, starting in 2012, of deficits 2011 to 2018 from the Old Age branch of the General Plan and the FSV, in the double limit of 10 billion euros each year and 62 billion euros in total. In accordance with the organic provisions, ACADES has been allocated resources to finance these sums. While the recovery of deficits in the Old Age and VSP sector remains a priority, given the margins made available by the various financial recovery measures taken by the 2014 pension reform, Act No. 2013-1203 of 23 December 2013 Social Security Funding for 2014 provided that the deficits of the 2012 to 2018 branches of Disease and Family could be integrated into the scope of the recovery, without altering the overall recovery ceilings or the forecasted debt amortization maturity transferred to the CADES. A total of €10 billion was recovered in 2014, corresponding to the transfer of the final deficits of the Vieillesse branch and the FSV for 2013 and to the financing of part of the deficit of the Maladie branch for 2012.
The 2016 PLFSS changes the debt recovery schedule, always in compliance with the global ceiling. In fact, it is proposed to allow CADES to finance the entire balance of deficits to be recovered under the amended Social Security Financing Act in 2016. A total of 23.6 billion euros would thus be transferred to CADES in 2016, giving the latter the means to carry out in favourable terms a comprehensive strategy for the porting and affixing of the social debt that was transferred to it. This amendment will take advantage of the particularly favourable conditions of financing currently found in the markets and thereby pre-munify social security against the risk that a rise in long-term rates will degrade the conditions for financing deficits if transferred later.
In addition, the surpluses of the Occupational Accidents and Diseases Branch for the 2014 fiscal year (0.6 billion euros) were allocated to the reduction of the deficits accumulated by this branch, thereby reducing the amount from 1.7 to 1 billion euros.
Most of the basic regimes other than the general regime have, by construction, balanced annual results or very close to the balance. These are financially integrated regimes to the general regime (agricultural regime with the exception of the retired branch of the operators' regime, sick regimes of the military and the sailors), pension schemes balanced by state subsidies (SNCF, RATP, landmine and marine regimes), employer regimes (public function of the state), balanced by the latter, and finally the social regime of the independents whose deficits were covered by the 2014 contribution A financial integration mechanism with the branches Disease and Age of the General Regime replaced it as of 2015.
However, several plans that do not benefit from such balancing mechanisms recorded deficit results in 2014. With regard to the retirement branch of the agricultural farmers' plan, whose deficits 2009 and 2010 had been recovered by CADES, the deficit was reduced to €0.2 billion (compared to €0.6 billion in 2013), bringing the accumulated deficits since 2011 to €2.8 billion. The Social Security Funding Act for 2015 provided that this deficit could be financed by cash-paid advances of the ACOSS in addition to the banking funds used so far by the Central Fund for Agricultural Social Mutuality (CCMSA) to cover these accumulated deficits. As of December 31, 2014, these deficits were funded in full by an advance from the ACOSS (€2.5 billion).
The deficit of the mine regime amounted to 0.1 billion euros in 2014, bringing the cumulative amount of debt to 1 billion euros. In the context of a limitation of the financial competitions of the Caisse des dépôts et consignations, a historical financial partner of the Caisse autonome nationale de la sécurité sociale dans les mines, the Social Security Funding Act for 2014 extended the provisions of the Social Security Financing Act for 2013 to 2017 providing for the use of cash advances of the ACOSS up to 250 million euros, in addition to the external financing provided by the Funds
Finally, the National Pension Fund for Local Government Officials (CNRACL) has, for the first time in five years, cleared a surplus of €0.4 billion (after a deficit of €0.1 billion in 2013). This surplus, which is mainly the result of the increase in rates of contribution in 2013 and 2014, was allocated to the plan's reserves, bringing the plan to 1.6 billion euros.
Annex B
REPORT ON THE PREVISIONS OF RECETTES AND THE OBJECTIVES OF EXPENDITURES OF BASIC EMERGENCY EQUIPMENTS AND THE GLOBALLY EQUIPMENT, REVISIONS AND DEPENSES OF BODIES CONCERNING THE FINANCING OF
This annex describes the evolution of aggregates of expenditures, revenues and balances of the general regime, all mandatory basic social security regimes and the Old Age Solidarity Fund for the period 2016-2019. These forecasts are part of the goal of gradually returning to the balance of social security schemes. In 2019, the general plan is expected to reach a surplus of 1.8 billion euros, which would represent an improvement in the balance of more than 11 billion euros compared to the deficit in 2014.
Despite an still uncertain international environment, the eurozone countries should experience economic acceleration. This favourable situation will contribute to the recovery of social security accounts, but it will also continue to work on spending control, including health insurance. In addition to spending control, this Act is marked by major reforms aimed at generalizing the universality of health coverage, developing access to complementary health and pursuing the policy in favour of business competitiveness and employment.
I. - The Social Security Financing Bill for 2016 is part of the return path to the balance of social accounts
1. A situation characterized by a gradual recovery of economic activity
The revenue projections and spending targets identified under this Act are based on an assumption of gross domestic product growth of 1% in 2015. The private sector's payroll, which determines a major part of the evolution of social security revenues, would increase by +1.7% in 2015.
For 2016, the activity would continue to accelerate, with an activity growth assumption of +1.5 per cent, which remains consistent with, among other things, the forecasts made public by the OECD at the time of the filing of the Social Security Financing Bill, which provided for an increase of 1.4 per cent in France in 2016. The hypothesis of the growth of the payroll associated with this growth forecast would thus reach 2.8% in 2016.
This gradual recovery is based on an increase in household purchasing power, supported by reduced inflation in 2015 (+0.1%), notably due to low oil prices, and moderated in 2016 (+ 1%). In addition, the continuation of tax measures in favour of modest households and middle classes, through 2 billion euros of new tax cuts in 2016, will also help to support household purchasing power.
In addition, the measures decided in the framework of the competitiveness and growth pact and the liability and solidarity pact (tax credit for competitiveness and employment, continued reduction of contributions, elimination of the exceptional contribution to corporate tax and elimination of the social contribution of solidarity of companies) will encourage the investment, employment and exports of companies. In the medium and long term, the growth of employment and payroll will promote the recovery of public finances. The path of return to the balance of public accounts, as exposed by the Government in the program of stability and growth and implemented in the Social Security Financing Bill, can thus be strengthened.
In accordance with Organic Law No. 2012-1403 of 17 December 2012 The economic forecasts underlying the Social Security Financing Bill (as well as the Finance Bill) were the subject of an opinion of the High Council on Public Finance, assessing the sincerity of the assumptions adopted and their consistency with the multi-year trajectory adopted by the Financial Programming Act 2014-2019, updated by the latest European Stability and Growth Programme.
2. Trend balances in improvement, with the notable exception of the Malay branch and the Old Age Solidarity Fund (FSV)
The financial balances of the mandatory basic plans and the FSV, before taking into account the new measures set out in this Act, would have reached in 2016 - 13.8 billion euros, of which - 10.1 billion euros under the Maladie branch and - 1.2 billion euros under the Family branch, the Vieillesse branch with a surplus of 0.4 billion euros as well as the Accidents du travail and the Accidents du travail branch. The FSV would present a deficit balance of 3.7 billion euros.
The increase in social security spending that underlies the results outlined above is reflected in the effects of the savings measures taken in previous years (Law of January 20, 2014 guaranteeing the future and justice of the pension system, savings measures on the Family branch of the social security financing laws for 2014 and 2015), which continue to be borne. The tendential evolution of spending on these branches is thus controlled, in view of the dynamics observed in the past. In addition, these branches, whose benefits are almost all indexed on prices, benefit from the effects of very low inflation.
The tendancial evolution of health insurance expenditures is dynamic (+3.6% of expenditures in the field of the national health insurance expenditure target [ONDAM]), although it is in a slight deceleration compared to the recent period due to the rise in treatment of hepatitis C virus. The measures underpinning the construction of the NDAM as set out in this Act allow it to be strongly influenced.
3. Debt that is reduced and whose financing conditions remain favourable
In 2015, for the first time since 2002, the amount of accumulated debt carried by the Central Agency for Social Security Organizations (ACOSS) and the Social Debt Debt Fund (CADES) will begin to decrease, the debt amortized by CADES being equivalent to the annual deficit supported by ACOSS. In 2016, the reduction movement will accelerate as debt is expected to decrease by 3.7 billion euros.
In addition to the improvement of the balance of social security plans in 2016, an advance debt recovery of EUR 23.6 billion is planned by CADES, instead of a three-fold annual recovery of EUR 10.10 and EUR 3.6 billion in the previous texts. This measure aims to benefit from particularly favourable current funding conditions. The refinancing rates for CADES were, for example, 2.1 per cent in mid-2015. This early recovery will allow coverage against the risk of rising average and long-term rates, which, if any, would lead the SAC to have to accept significantly less favourable long-term funding conditions.
In addition, this debt recovery will help to limit the cumulative deficits of the branches by ACOSS, to the detriment of its primary mission to cover their cash requirements, in accordance with the preconizations of the Court of Auditors. In addition to the deficits of the National Old Age Insurance Fund for Employees (CNAVTS) and the VSP for the 2015 fiscal year, the balance of the deficit of the National Health Insurance Fund for Employees (CNAMTS) and the deficit of the National Family Allowance Fund (CNAF) for 2013, the deficit of CNAMTS and CNAF for 2014 and part of the deficit of the National Family Allowance Fund (CNAMTS) for 2013. The debt maturity horizon of CADES, planned in 2024, will not be changed.
II. - The 2016 PLFSS reflects commitments under the stability program
1. Continued control of health insurance expenditures with an ONDAM set at 1.75 %
In the field of health insurance, the change in spending has been controlled through NDAM's compliance for five consecutive years. For 2015, in accordance with the commitments made under the Stability Program, credit cancellations totalling 425 million were made against the NDAM 2015 level voted in the previous funding law. These cancellations are expected to reduce the growth of the NDAM by + 2.1 per cent (in the Social Security Financing Act 2015) to + 2.0 per cent.
For 2016, control over the evolution of health insurance expenditures results in the NDAM setting at 1.75 per cent. This rate involves an effort of savings of 3.4 billion euros compared to the tendential evolution of the expenditure, valued at + 3.6 per cent. This particularly ambitious trajectory involves increasing the effort of already engaged economies, without increasing the burden of the patient or degradeing the quality of care.
This effort is part of the rise in the three-year savings plan that has been underpinning since 2015 the deployment of the national health strategy that will continue in 2017 (with the same objective of NDAM's progression). It articulates around four axes.
The first focus is on strengthening the effectiveness of hospital spending. Mutualizations between institutions are encouraged and the strengthening of the hospital performance programme for responsible procurement will help to mobilize the still significant margins that remain in the area of hospital procurement optimization. Actions to control expenditures on drugs included in the above list will also be deployed in this framework. This will represent 0.7 billion euros in savings in 2016.
The second axis is the ambulatory turn of hospitals. The goal is to optimise the path of hospital care, first of all by developing all forms of alternative care to complete hospitalization as soon as the patient's state of health allows it: the continued diffusion of ambulatory surgery but also the day hospitalization in medicine. The optimization of the course also involves the development of home hospitalization as long as it comes in substitution for stays in a health care institution and better accompaniment of patients out of the facility by ensuring adequate care in the city following the return to the home. These shares will provide €0.5 billion in 2016.
The third focus is on health products. As every year, price reductions will be effected by the Economic Committee for Health Products, a decrease that must include the necessary financial margins for the remuneration of innovation and thus ensure the access of all to the latest therapies. The effort will also be made to develop the use of generic drugs for which our country is still lagging behind in relation to our neighbours. To this end, the National Plan for the Promotion of Generic Drugs, presented in March 2015, aims to increase the share of generic drugs by 5 points in total requirements. In particular, actions will be taken with the prescribers, whether in the city or in the hospital, as well as with the public, to which a communication campaign will be launched in early 2016. In total, this axis will contribute to €1.0 billion in savings to the NDAM 2016.
The last axis, corresponding to a savings of 1.2 billion euros, aims to improve the relevance and good use of care in the city and hospital. It is a question of mobilizing all the margins of efficiency through the reduction of unnecessary or redundant acts and prescriptions: control of the prescription volume of medicines, the fight against iatrogeny, medical control actions among health professionals in the city carried out by health insurance and health institutions in a renovated contractual framework, optimization of patient transport (choice of the most suitable vehicle, optimization of the transport order...).
In addition, this expenditure effort will be accompanied by the allocation of new revenues to accelerate the improvement of the balance of the Maladie branch. Given the combination of a persistent deficit in the Malay branch and, on the other hand, an increasing surplus in the AT-MP branch since the year 2013, a transfer of contributions of 0.05 points between the AT-MP branch and the Malay branch of the General Plan will be put in place in 2016 and then in 2017, to improve the balance of the Malay branch of 250 million euros for each of these two years, i.e., 500 million euros. This transfer of contributions is justified by the solidarity approach between branches of the general system, at the heart of the principles of social security since its origin, as well as by the indirect effects of the AT-MP branch as a result of improving the efficiency of the care system, primarily funded by the Maladie branch. In fact, the reimbursement of care and the evolution of rates ensure continuous integration of technical progress in the medical sector, which ultimately leads to a decrease in the average cost of treatment of pathologies, thus a positive impact on the AT-MP accounts.
2. Costs of benefits contained
The overall plan's net benefits are expected to reach €31.6 billion in 2015, followed by €325.3 billion in 2016, an increase of 2.8% before taking into account new measures.
The increase is mainly due to benefits paid by CNAMTS (+3.5 per cent) and CNAVTS (+2.5 per cent). Conversely, CNAF's benefit expenditures were reported to be low (+0.3%), as a result of family benefits reform. The modulation of family allowances would help to reduce spending in 2016 but would be almost compensated by the increase in maintenance costs under resource constraints.
The reform of the methodology for calculating the revalorization of benefits is part of this expenditure control. On the one hand, the revalorization dates will be aligned for all benefits, with a revalorization on April 1 of family benefits and disability pensions and parameters that condition access to certain benefits (resources of complementary universal health coverage and assistance in the payment of a health supplement); benefits currently revalued as of 1 October, mainly retirement pensions, would remain. On the other hand, a "shield" rule will be created, guaranteeing the maintenance of benefits at their previous level in the event of negative inflation, in a general framework where revalorization will no longer function than known and non-foreseen developments, and will therefore exclude any need for a posteriori correction. Thus, the revalorization would be based on the latest inflation data (excluding tobacco) published by the INSEE and valued on average over the last 12 months, instead of being calculated from an inflation forecasting evolution for the year N and the application of a correction for the same year as the deviation for the year N - 1. Inflation prediction exercises are complex in nature and the increase in price volatility in recent years has led to the application of significant fixes.
3. Old-age balances reflect the effects of the 2014 pension reform
In 2016, old-age insurance expenditures were moderate, with an average of 2.5% over the 2016-17 period. This increase is due in particular to the combination of a stability in retirement and an average amount of the increase in pension, the acceleration of inflation in 2016 only playing low on the year 2016 given the date of re-evaluation of pensions set in October.
This evolution takes into account the effect of the reforms adopted under the Act of 20 January 2014 guaranteeing the future and justice of the pension system, including the various immediate but also long-term recovery measures, which aim to confront, in a responsible and precisely distributed manner, the long-term challenge of extending life expectancy. The latter have been accompanied by justice and solidarity measures to correct the most important inequalities in the face of retirement, such as recognition of sustainability at work, to allow for, among other things, better consideration of the quarry and career hazards, especially those of women, or of the conditions for the real entry of young people into active life.
III. - In keeping with these financial equilibrium objectives, the 2016 PLFSS is a major reform of health insurance and the second part of the accountability and solidarity pact.
1. Continued employment and competitiveness policy of the Covenant
The implementation of the competitiveness and accountability pact continued in 2016, in order to restore the competitiveness and productive capacity of companies and encourage them to invest and hire. Companies will thus benefit from a € 4.1 billion decrease in their mandatory levies under the 2016 PLFSS.
This results in a further reduction in the rate of family allowance contributions up to 3.5 SMIC, at a cost of € 3.1 billion in 2016 (approximately €4.4 billion in full year from 2017). This amount is slightly lower than that of 4.5 billion euros estimated in 2014, due to an increase in the salary mass lower than that initially provided for in this first estimate. In addition, the amount of the sum of the sum of the sum of the sum of the sum of the sum of the sum of the sum of the sum of the sum of the social security financing law for 2014 as part of the first stage of the gradual elimination of the social contribution of the companies (C3S) is increased, from €3.25 million to € 19 million, which represents an impact of a billion euros on the revenues of social security. This slaughter will apply to the 2015 turnover for the C3S payment in 2016.
These measures will be compensated in full by the State under the financial laws, in accordance with the commitments made by the Government in 2014. This compensation results in a budgeting of the costs of family housing allowance (FAL), at € 4.7 billion, as well as the financing of the legal protection of majors, for € 0.4 billion. In addition, the phasing out of the recipe from the paid leave funds, which was allocated to the financing of the pact, will result in the allocation of perennial resources replacing it. Indeed, the measure, which came into force since April 1, 2015, generates a recipe of €1.52 billion in 2015 and €500 million in 2016, before extinguishing from 2017.
2. Establishment of universal disease protection
The introduction of universal disease protection is aimed at universalizing the care of health costs, in order to simplify the approaches for both insured and managerial organizations and thus ensure the continuity of rights. This new regime does not alter the level of social insurance rights. In fact, the law will now provide that any person who works or, when they do not have an activity, resides in France on a stable and regular basis, has the right to care for their health expenses. Employees who work will remain affiliated with their current social security regime, while others remain in the last scheme to which they were affiliated.
This reform makes it possible to simplify the opening of rights, since the social security funds will no longer have to verify compliance with the conditions of opening rights (number of hours worked). The control will now be directed towards a strengthened control of the residence of persons receiving health insurance. The transfer procedures will also be facilitated through a fully dematerialized process. The notion of being a major right will also be phased out, since it is obsolete in a universal coverage regime.
3. Continuation of the generalization of access to supplementary health protection
Complementary health insurance is now a substantial part of access to care. This is why the President of the Republic has set the goal of generalizing access to quality complementary health by 2017. After the Interprofessional National Agreement of 11 January 2013, transposed into the Act No. 2013-504 of 14 June 2013 With respect to job security, the reform of so-called responsible contracts, the competition of ACS contracts, new measures are planned to promote access to complementary protection for populations who have the most difficulty in accessing them, i.e., persons over 65 years of age and persons working under short and very part-time contracts.
In fact, the cost of supplementary health coverage is higher for people over the age of 65 than for the overall population as they assume a higher burden on the contract's acquisition cost and support health expenses after reimbursement by compulsory health insurance and the larger health supplement. It is therefore expected that people over 65 years of age will be able to access complementary health insurance offers that will be selected, following a competition procedure, on criteria based on the quality of the guarantees and the proposed price. In addition to providing access to health-related supplements at a higher price, the system should improve the adequacy between the needs of insured persons and the complementary benefits they receive and the increased legibility of the offers offered on the market for insured persons.
In addition, in order to give full effect to the provisions of the law based on the inter-professional national agreement of January 11, 2013, a suitable modality for the implementation of the coverage of employees with low quotity of work or hired in short-term contract is provided so that these employees can, if they otherwise subscribe to an individual insurance of the same type, obtain from their employer, in place of the adhesion to the cover
General plan income, expenditure and balances
(In billions of euros)
| Disease | ||||||
| Income | 161.9 | 166.6 | 171.7 | 178.0 | 183.3 | 189.4 |
| Expenditure | 168.4 | 174.1 | 177,9 | 182.7 | 186.2 | 189.7 |
| Balance | - 6.5 | - 7.5 | - 6.2 | - 4.7. | - 2.9 | - 0.3 |
| Labour accidents/professional diseases | ||||||
| Income | 12.3 | 12.4 | 12.5 | 12.7 | 13.6 | 14.2 |
| Expenditure | 11.7 | 11.8 | 12.0 | 12.1 | 12.2 | 12.3 |
| Balance | 0.7 | 0.6 | 0.5 | 0.6 | 1.5 | 1.9 |
| Family | ||||||
| Income | 56.3 | 52.8 | 48,8 | 50.1 | 51.6 | 53.1 |
| Expenditure | 59.0 | 54.4 | 49.6 | 50.4 | 51.6 | 52.8 |
| Balance | - 2.7 | - 1.6 | - 0.8 | - 0.3 | 0.0 | 0.3 |
| Old age | ||||||
| Income | 115,6 | 119.9 | 12.6 | 127.4 | 131.1 | 135,6 |
| Expenditure | 116.8 | 12.5 | 123.1 | 126.3 | 130.7 | 135,6 |
| Balance | - 1.2 | - 0.6 | 0.5 | 1.1 | 0.4 | - 0.1 |
| All consolidated branches | ||||||
| Income | 334.1 | 339.3 | 344.0 | 355.3 | 366.6 | 379.0 |
| Expenditure | 343,7 | 348.3 | 350.0 | 358,6 | 367,6 | 377.2 |
| Balance | - 9.7 | - 9.0 | - 6.0 | - 3.3 | - 1.0 | 1.8 |
Revenues, expenses and balances of all mandatory basic plans
(In billions of euros)
| Disease | ||||||
| Income | 186,7 | 190,5 | 194,9 | 201.4 | 207.0 | 213.4 |
| Expenditure | 193.2 | 198.0 | 201.1 | 206.1 | 209.9 | 213,7 |
| Balance | - 6.5 | - 7.5 | - 6.2 | - 4.7. | - 2.9 | - 0.3 |
| Labour accidents/professional diseases | ||||||
| Income | 13.8 | 13.9 | 14.0 | 14.1 | 15.1 | 15.7 |
| Expenditure | 13.1 | 13.2 | 13.4 | 13.5 | 13.6 | 13.8 |
| Balance | 0.7 | 0.6 | 0.6 | 0.6 | 1.5 | 1.9 |
| Family | ||||||
| Income | 56.3 | 52.8 | 48,8 | 50.1 | 51.6 | 53.1 |
| Expenditure | 59.0 | 54.4 | 49.6 | 50.4 | 51.6 | 52.8 |
| Balance | - 2.7 | - 1.6 | - 0.8 | - 0.3 | 0.0 | 0.3 |
| Old age | ||||||
| Income | 219.1 | 223.5 | 228,7 | 234.1 | 240.1 | 247.2 |
| Expenditure | 219.9 | 223.8 | 227,8 | 232.9 | 240.1 | 248.3 |
| Balance | - 0.8 | - 0.2 | 0.9 | 1.2 | 0.0 | - 1.0 |
| All consolidated branches | ||||||
| Income | 462,8 | 467.3 | 472,8 | 485.9 | 499.7 | 515.2 |
| Expenditure | 472,1 | 475.9 | 478.3 | 489.2 | 501.2 | 514.4 |
| Balance | - 9.3 | - 8.6 | - 5.6 | - 3.3 | - 1.5 | 0.8 |
Income, expenditure and balances of the Old Age Solidarity Fund
(In billions of euros)
| Income | 17.2 | 16,5 | 16.4 | 16.6 | 17.0 | 17.4 |
| Expenditure | 20.6 | 20.3 | 20.1 | 20.2 | 20.0 | 20.2 |
| Balance | - 3.5. | - 3.8 | - 3.7 | - 3.6 | - 3.1. | - 2.8 |
ANNEX C
Statement of income, by category and by branch, of mandatory basic plans and of the general plan and of income, by category, of organizations involved in financing these plans
I. - Income by category and branch of compulsory basic social security schemes
Fiscal year 2016
(In billions of euros)
| Actual contributions | 88.4 | 130.2 | 30.3 | 13.0 | 260.2 |
| State-supported contributions | 1.7 | 1.4 | 0.5 | 0.1 | 3.6 |
| Employer fictitious contributions | 0.6 | 38,8 | 0.0 | 0.3 | 39.7 |
| Widespread social contribution | 69.1 | 0.0 | 9.9 | 0.0 | 78,7 |
| Taxes, taxes and other social contributions | 29.6 | 19.6 | 7.0 | 0.0 | 56.2 |
| Transfers | 2.3 | 38.3 | 0.3 | 0.1 | 29.5 |
| Financial products | 0.0 | 0.1 | 0.0 | 0.0 | 0.2 |
| Other products | 3.2 | 0.5 | 0.7 | 0.3 | 4.7 |
| Income | 194,9 | 228,7 | 48,8 | 14.0 | 472,8 |
The amounts in total per branch and by category may be different from the aggregation of the detailed amounts due to reciprocal transactions (including transfers).
II. - Income by category and branch of the general social security system
Fiscal year 2016
(In billions of euros)
| Actual contributions | 79.2 | 77.6 | 30.3 | 12.1 | 197,5 |
| State-supported contributions | 1.4 | 1.1 | 0.5 | 0.1 | 3.0 |
| Employer fictitious contributions | 0.0 | 0.0 | 0.0 | 0.0 | 0.0 |
| Widespread social contribution | 59.6 | 0.0 | 9.9 | 0.0 | 69.3 |
| Taxes, taxes and other social contributions | 23.8 | 14.9 | 7.0 | 0.0 | 45.8 |
| Transfers | 4.7 | 29.9 | 0.3 | 0.0 | 24.2 |
| Financial products | 0.0 | 0.0 | 0.0 | 0.0 | 0.0 |
| Other products | 3.0 | 0.2 | 0.7 | 0.3 | 4.2 |
| Income | 171.7 | 12.6 | 48,8 | 12.5 | 344.0 |
The amounts in total per branch and by category may be different from the aggregation of the detailed amounts due to reciprocal transactions (including transfers).
III. - Income by category of organizations involved in financing mandatory basic social security schemes
Fiscal year 2016
(In billions of euros)
| Widespread social contribution | 9.4 |
| Taxes, taxes and other social contributions | 7.0 |
| Financial products | 0.0 |
| Other products | 0.0 |
| Total | 16.4 |
Done in Paris, December 21, 2015.
François Hollande
By the President of the Republic:
The Prime Minister,
Manuel Valls
Minister of Finance and Public Accounts,
Michel Sapin
Minister of Social Affairs, Health and Women ' s Rights,
Marisol Touraine
Minister of Agriculture, Agri-Food and Forestry, Government Spokesperson,
Stéphane Le Foll
Minister of Overseas,
George Pau-Langevin
(1) Preparatory work: Law no 2015-1702.
National Assembly. :
Draft Act No. 3106 ;
Report of Mr. Gérard Bapt, Ms. Michèle Delaunay, Ms. Joëlle Huillier, Mr. Michel Issindou, Mr. Denis Jacquat and Ms. Marie-Françoise Clergeau, on behalf of the Social Affairs Committee, No. 3129;
Opinion of Mr. Dominique Lefebvre, on behalf of the Finance Committee, No. 3127;
Discussion on 20, 21, 22 and 23 October 2015 and adoption on 27 October 2015 (TA no. 600).
Senate:
Bill, adopted by the National Assembly, No. 128 (2015-2016);
Report of Mr. Jean-Marie Vanlerenberghe, Ms. Colette Giudicelli, Ms. Corinne Cayeux, Mr. Gérard Roche and Mr. Gérard Dériot, on behalf of the Social Affairs Committee, No. 134 (2015-2016);
Opinion of Mr. Francis Delattre, on behalf of the Finance Committee, No. 139 (2015-2016);
Discussion on 9, 10, 12, 13 and 17 November and adoption on 17 November 2015 (TA No. 37, 2015-2016).
National Assembly:
Bill, as amended by the Senate, No. 3221;
Report of Mr. Gérard Bapt, on behalf of the Joint Parity Commission, No. 3222.
Senate:
Report of Mr. Jean-Marie Vanlerenberghe, on behalf of the Joint Joint Parity Commission, No. 158 (2015-2016);
Result of the work of the commission No. 159 (2015-2016).
National Assembly:
Bill, as amended by the Senate, No. 3221;
Report of Mr. Gérard Bapt, Ms. Michèle Delaunay, Ms. Joëlle Huillier, Mr. Michel Issindou, Mr. Denis Jacquat and Ms. Marie-Françoise Clergeau, on behalf of the Social Affairs Committee, No. 3238;
Discussion and adoption on November 23, 2015 (TA No. 610).
Senate:
Bill, adopted by the National Assembly, on new reading, No. 190 (2015-2016);
Report of Mr. Jean-Marie Vanlerenberghe, on behalf of the Social Affairs Committee, No. 191 (2015-2016);
Discussion and rejection on November 26, 2015 (TA No. 45, 2015-16).
National Assembly:
Bill, rejected by the Senate in new reading, No. 3283;
Discussion and adoption, on final reading, November 30, 2015 (TA No. 617).
- Constitutional Council:
Decision No. 2015-723 DC of 17 December 2015 published in the Official Journal of this day.
