Subsection 2: Procedures for selecting health care organisations

Articles in this section · 6

Article R6113-57

French Public Health CodeIn force

Updated 1 Nov 2023

I.-At the end of the call for applications procedure, the Agence technique de l'information sur l'hospitalisation will analyse the sample of establishments selected in application of article R. 6113-56, in order to verify that it is representative in terms of:

1° The distribution of health care establishments by category of establishment within the meaning ofarticle L. 162-22-6 of the Social Security Code and Articles L. 6141-2, L. 6111-3-1 and R. 6141-16 of this Code;

2° The distribution of health care institutions according to their size and activity, characterised, on the one hand, by volume and, on the other hand, by specialisation within the meaning of the classifications mentioned in 1° of Articles L. 162-22-1 and L. 162-22-6 of the Social Security Code.

II - If, following the analysis referred to in I, the sample of facilities selected proves to be insufficiently representative to guarantee the reliability of the national cost study, the Agency will designate one or more additional healthcare facilities whose characteristics make it possible to improve this reliability, with regard to the criteria referred to in I.

This designation is notified to each establishment by any means capable of providing a date certain.

The designated establishment has a period of one month from the date on which it is notified of the Agency's decision to return the questionnaire mentioned in 5° of article R. 6113-55, duly completed.

The Agency's decision confirming the selection of the additional establishment is subject to the provisions of article R. 6113-56.

III - If the duly completed questionnaire referred to in the third paragraph of II is not sent within the time limit set in the same paragraph, the Agence Technique de l'Information sur l'Hospitalisation (ATIH) will send the establishment, by any means that provides a date certain, a formal notice stating the penalty it is liable to incur and informing it that it has fifteen days from receipt to send the duly completed questionnaire or, if it refuses to do so, to submit its written observations.

Once this period has elapsed, the Agence Technique de l'Information sur l'Hospitalisation (ATIH) refers the matter to the Director General of the Regional Health Agency with a view to implementing the penalty provided for in the last paragraph of Article L. 6113-12. The Director General of the Regional Health Agency may order the institution to pay a penalty to the fund referred to in Articles L. 174-2 and L. 174-18 of the Social Security Code, the amount of which may not exceed that set in the last paragraph of Article L. 6113-12.

The establishment has one month from notification of the decision mentioned in the previous paragraph to pay the sum.

Mariela Petrova

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Working with a corporate lawyer in France — Q&A

Any time a strategic decision changes how the company is owned, governed or contractually bound — incorporation, fundraising, M&A, restructuring, shareholder agreements, or major commercial contracts. Earlier engagement always costs less than later remediation.

A notary (notaire) is a public officer who authenticates specific deeds (mainly real-estate transfers and certain family-law acts). A corporate lawyer (avocat) advises on strategy, negotiates and drafts company documents, and represents you in disputes. The two roles complement rather than overlap.

Yes — most of our clients are foreign suppliers, investors or holding entities. We bridge the gap between French law and your home jurisdiction's expectations and deliver everything bilingually.

The SAS (Société par Actions Simplifiée) is the default choice for most international structures: flexible governance, single shareholder allowed, no minimum capital, and works cleanly with foreign holding entities. We assess SARL, SA, SCI on the merits when the situation calls for it.

Yes — communications with a French avocat are protected by the secret professionnel (Article 66-5 of the Law of 31 December 1971). This protection is broader than the common-law attorney-client privilege and applies to written and oral exchanges.

We work on fixed fees for clearly scoped engagements (incorporation, contract drafting, audits) and on monthly retainers for ongoing advisory. Hourly billing is the exception, not the default. You always know the cost before work starts.

Typical timeline is 2–3 weeks from KYC kick-off to RCS registration, assuming standard documentation. Holding-company structures, foreign-shareholder identification or in-kind contributions can extend this — we flag the gating items at the first meeting.

Absolutely. We routinely coordinate with your in-house counsel, expert-comptable or notaire — pragmatic collaboration is the norm, not the exception. We send them everything they need to do their part without duplicating work.

Mariela Petrova

Mariela Petrova

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Toque #C2396

15+ Years In Corporate Practice

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Communications protected by professional secrecy — secret professionnel de l'avocat, Article 66-5 of the Law of 31 December 1971.

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