French Public Health Code
In forceI.-The transformation of a public health institution resulting either from a change in its jurisdiction or from a merger takes place under the conditions defined respectively in II and III of this article.
II -A change of jurisdiction corresponds to a reduction or extension of the jurisdiction of the public health establishment as defined in the second paragraph of article L. 6141-1.
The director of the public health establishment whose jurisdiction is to be changed takes all the decisions necessary to implement this change.
The change of jurisdiction of a public health institution is decided, depending on the resulting jurisdiction, either by order of the Director General of the Regional Health Agency, or by decree. The decision determines the date of the change of jurisdiction and, where necessary, sets out the details.
III - A merger between two or more public health institutions is effected either by creating a new legal entity, or by maintaining the legal personality of one of the institutions involved in the merger. This merger is carried out on the initiative of the institutions involved in the merger or at the request of the Director General of the Regional Health Agency in accordance with article L. 6131-2.
The merger of several public health institutions results in the transfer, free of charge, of all assets, rights and obligations to the institution resulting from the merger. These transfers of assets, rights and obligations do not give rise to any compensation, tax, contribution provided for in article 879 of the General Tax Code or fee.
The decisions required to set up the institution resulting from the merger are taken jointly by the directors of the merging institutions, after the supervisory boards of these institutions have given their opinion pursuant to 4° of article L. 6143-1 and after informing the staff representative bodies and the strategic committee(s) of the regional hospital groupings concerned.
The Director General of the Regional Health Agency sets the conditions under which the authorisations provided for in Chapter VI of Title II of Book I of Part Five and in Chapter II of Title II of Book I of Part Six of this Code, held by the merging institutions, as well as the movable and immovable property in their public and private domain, are transferred to the institution resulting from the merger and certifies the transfers of immovable property with a view to their publication in the property register.
The structures created in application of article L. 6146-1 and the contracts concluded in application of article L. 6146-2 in each establishment concerned before the merger are transferred to the new establishment. The same applies to posts relating to the structures in question, created prior to the merger.
Recruitment and promotion procedures in progress before the merger may be validly continued in the new institution.
The merger of public health establishments is decided, depending on the jurisdiction of the resulting establishment, either by order of the Director General of the Regional Health Agency, or by decree under conditions defined by regulation. The decision determines the date of the merger, the name and registered office of the institution and, where necessary, sets out the terms and conditions.
Each of the institutions involved in the merger retains a users' commission as referred to in article L. 1112-3.
