Key Benefits:
The Prime Minister,
On the report of the Minister of Solidarity, Health and the Family,
Given the code of public health, including articles L. 6154-3, L. 6154-4 and L. 6154-6;
In light of the amended Decree No. 2001-367 of 25 April 2001 on the exercise of liberal activity by full-time hospital practitioners in public hospitals;
In the opinion of the Higher Council of Hospitals as of October 28, 2003;
Conseil d' Etat (social section) heard,
Clipping:
The first three paragraphs of Article R. 714-28-12 of the Public Health Code are replaced by the following:
" Practitioners who choose to collect their fees directly Provide the Director of the Public Health Institution with a summary statement of the exercise of their liberal activity, necessary for the calculation of the fee to be paid pursuant to Article L. 6154-3. The fee payable is the subject of a quarterly payment.
Where the institution recovers the fees on behalf of the practitioner, the latter address to the director of the public health institution this summary statement. The institution pays the fee to the person on a monthly basis and levies the fee on a quarterly basis.
The managers of a basic health insurance plan shall report every six months to the Director and to the Chairman of the Committee on Liberal Activity referred to in Article L. 6154-5 of the public health institution the information listed in Article L. 6154-3. "
Paragraph 6 ° of Article R. 714-28-18 of the Public Health Code is replaced by the following:
" 6 ° A full-time registered practitioner who does not carry out a liberal activity, appointed by the Medical establishment commission. "
In R. 714-28-14, R. 714-28-17, R. 714-28-18, R. 714-28-21 and R. 714-28-23 of the Public Health Code, the words: " Department prefect " And " State representative " Are replaced by the words: " Director of the regional hospital agency ".
The standard contract annexed to the aforementioned decree of 25 April 2001 is amended by the Annex attached to this Decree.
The Minister of Solidarity, Health and Family Affairs and the Minister for Agriculture, Food, Fishing and Rurality shall each be responsible for the implementation of the present Decree, which will be published in the Official Journal of the French Republic.
A N N E X E
ACTIVITY CONTRACT LIBERAL
I.-Added to the standard contract annexed to Decree No. 2001-367 of 25 April 2001 as amended on the exercise of a liberal activity by full-time hospital practitioners in public institutions Article 2 bis reads as follows:
" Article 2 bis
Perception of fees
Let:
M. ...... Chooses to collect its fees by direct agreement with the patient. He agrees to pay the amount of the royalty payable to the hospital on a quarterly basis;
Or:
M. ...... Chooses to collect his or her interim fees for the administration of the hospital. The Commission undertakes to remit the recovered fees on a monthly basis.
The administration of the hospital will collect the amount of the fee on a quarterly basis. Is indebted to the hospital. "
II. Article 8 of the model contract referred to above shall be replaced by the following provisions:
" Article 8
This contract shall be concluded for a period of five years and shall take effect from its Date of approval. It will terminate if an application for renewal has not been made within three months of its expiration.
It may be the subject of an amendment under the conditions and procedures required for its establishment.
Contract will take place Right end if Mr. ...... Ceases to be employed in hospital on a full-time basis in the institution if he or she waives the exercise of a liberal activity or if the authorization to carry on such activity is withdrawn. "
Done at Paris, January 11, 2005.
Jean-Pierre Raffarin
By the Prime Minister:
The Minister of Solidarities,
health and family,
Philippe Douste-Blazy
Minister of Agriculture, Food,
de la pêche et de la ruralité,
Dominique Bussereau
