[co-author: Saliha Rhaimoura]
French Law No. 2023-378 of 19 May 2023 on the Supervision of Medical Centers has finally been published in the Journal Officiel. The agreed text was adopted without major changes. The document is the result of a politically motivated desire to regulate medical centers in the wake of various health scandals. The main aim is to make medical centers more accountable to patients and public authorities by designating “responsible persons” and increasing penalties for non-compliance with licensing requirements and established rules. It is to do so.
Legislation strengthening the rules governing health centers or their branches providing dental, ophthalmic and orthodontic care, Journal Secretariat This law incorporates most of the provisions of the bill first tabled on October 18, 2022, with the aim of strengthening the legal framework that applies to these structures, and its analysis is as follows: is. here.
The law will be finally adopted by Congress on May 9, 2023 after a second reading vote in the Senate, based on the version unanimously adopted by Congress on March 28, 2023. was done.
Provisions on the prevention of conflicts of interest, the identification of health professionals by personal numbers different from their organizations, and the applicable sanctions regime were adopted in versions consistent with those adopted in the second reading of Parliament.
In fact, senators believed it was in the best interest of both patients and industry that the document go into effect as soon as possible.
Since the draft law of 18 October 2022, several changes have been adopted during parliamentary deliberations.
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Include orthodontic appliance activities in scope: The approval process has been expanded to include orthodontic activities.
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New compliance visit: Inspections scheduled within one year after the issuance of provisional approval may be carried out by persons authorized by the Government. Sante Regional Office (ARS, French Regional Health Agency), you are not obliged to inform the medical center of your identity, so as not to give you the opportunity or time to hide elements that may reveal deficiencies.
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Announcement of closure measures for medical centers: A national registry lists medical centers affected by suspension or closure measures. This registration will be made available to all government departments and social security institutions in accordance with the law. The decree will specify what information is included in the register and how it is to be implemented. The move will arguably allow government services to better monitor the establishment of these medical centers across the country.;
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Medical Center Cancellation Information: Concerning the ban on requiring advance payment for full medical expenses, Congress amended the provision originally set in the bill to include a provision aimed at better notifying patients when a center is removed from the health insurance system. rice field. This means that the French social security system will no longer reimburse patients for treatments and healthcare products provided to them. The purpose of this provision is to provide patients with detailed information about medical costs and proceedings not covered by the health insurance scheme.
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Storage of patient records: In response to the problems that have arisen when certain medical centers have closed, and the difficulty patients are having in accessing their medical records, the administrators of these centers are now informing the competent authorities. I have an obligation. Conseille Deparmental de l’Ordre Regarding the measures taken to ensure the preservation and access of these records by patients (Departmental Council of Order).
The law, which was passed following several health scandals, provides initial strengthening of the rules governing dental, eye and orthopedic medical centers. But the system is still largely based on his ARS authority and their ability to inspect medical centers covered by the law. While this enhancement appears to address certain specific needs, the law is likely the first step in strengthening the legal framework that applies to these medical centers and other similar organizations. more likely.
A major point not directly addressed in the new law is the financial structure of medical centers. In particular, the intervention of affiliated organizations and commercial enterprises in some cases has already been recognized as a major problem by the authorities and has caused numerous discussions and controversies. The question now is whether the new legal framework applicable to health care centers will fundamentally change market practice in terms of the financial structure of these centers or whether new legislation is needed.
next step
Enforcement of the decree to finalize the legal framework introduced to regulate medical centers is still awaited. The government will also give Congress a deadline, within six months of the promulgation of the law, to submit to Congress a report on the resources allocated to the ARS to enable it to carry out its new mission for medical centers in accordance with this law. It is
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