French Public Health Code
In forceI.-Prior to the opening of the health centre and, where applicable, one or more branches, the legal representative of the managing body of this centre shall submit to the director of the regional health agency the health project referred to in article L. 6323-1-10 , together with a commitment to the health centre's compliance, the content of which is specified by an order of the Minister for Health.
The receipt for this undertaking, drawn up by the Director General of the Regional Health Agency, is given or sent to the legal representative of the managing body. It is equivalent to an authorisation to provide care to insured persons in the centre or branch concerned.
II -Health centres or their branches with dental activities are subject, for their dental activities only, to approval by the Director General of the Regional Health Agency, which is equivalent to authorisation to provide care to insured persons in the centre or branch concerned.
Health centres or their branches with ophthalmological or orthoptic activities are subject, for their ophthalmological or orthoptic activities only, to approval by the Director General of the Regional Health Agency, which is equivalent to authorisation to provide care to insured persons in the centre or branch concerned.
III - The legal representative of the managing body submits a file to the Director General of the Regional Health Agency with a view to obtaining the approval referred to in II. This file includes the health project, declarations of the links of interest of all the members of the governing body and the contracts linking the managing body to third-party companies, in accordance with criteria defined by regulation.
The Director General of the Regional Health Agency may refuse to issue the authorisation requested on the basis of the quality of the information submitted if the centre's health project does not meet the compliance objectives mentioned in I or if this project is incompatible with the objectives and needs defined as part of the regional health project mentioned in article L. 1434-2.
Approval issued by the Director General of the Regional Health Agency is provisional. It does not become definitive until a period of one year has elapsed from the opening of the centre.
During the year following the issue of provisional approval, the Regional Health Agency may organise a compliance visit, the results of which will be sent to the Director of the local health insurance fund. The person appointed by the Regional Health Agency to carry out this compliance visit is not obliged to inform the health centre concerned of his or her identity or the purpose of the visit. Approval is withdrawn if the visit reveals non-compliance or incompatibility between the centre's management and healthcare provision and the regional health plan.
IV -The managing body will send the Director General of the Regional Health Agency, at his request, updated information on all or part of the file mentioned in III.
The issue of the definitive approval referred to in II and the maintenance of this approval are conditional on the transmission without delay to the general director of the regional health agency and to the departmental council of the profession concerned of copies of the diplomas and employment contracts of the dental surgeons, dental assistants, ophthalmologists and orthoptists each time they are recruited, any amendment to the employment contract of one of these professionals and an update of the health centre's organisation chart for each recruitment or termination of the employment contract of one of these professionals. Within two months, the Departmental Council of the Association will give a reasoned opinion to the Director General of the Regional Health Agency on the diplomas and employment contracts submitted to it.
Approval may be withdrawn if it is established that there is non-compliance with the rules applicable to health centres in the field of the activities referred to in II above, or non-compliance that compromises the quality or safety of care, after the managing body has been notified by the Director General of the Regional Health Agency and the managing body has made its observations in accordance with the conditions laid down in I of article L. 6323-1-12.
V.-In the event of the closure of a health centre or one of its branches, the legal representative of the managing body informs the director general of the regional health agency, the director of the local health insurance fund and the president of the departmental council of the relevant associations. This information is provided at least fifteen days before the planned date of closure of the health centre in the case of an early closure project; in the case of immediate closure, this information is provided within seven days.
VI - The conditions for the application of this article are set by decree.
