French Public Health Code
In forceI.-At the request of the directors of all the establishments that are part of the grouping, in consultation with the management boards, and following a favourable opinion from the grouping's strategic committee, the director general of the regional health agency may, with regard to the intentions and capacities of all the establishments that are part of the grouping, authorise the implementation of the cash pooling mechanism provided for in article L. 6132-5-1, with a view to carrying out cash management operations between public health establishments and medico-social establishments or services that are part of the grouping.
The reasoned request from the directors must be accompanied by a provisional cash flow plan and an updated multi-year overall financing plan for the group's establishments.
As soon as the application is received, the Director General of the Regional Health Agency requests the opinion of the relevant Departmental or Regional Director of Public Finances, who gives his opinion within fifteen days.
If the Director General of the Regional Health Agency fails to respond within one month of receiving the application, the authorisation will be refused.
II - A draft agreement is drawn up between the establishments and the relevant departmental or regional director of public finance, within a maximum of six months from the date of authorisation.
The draft agreement agreed by the parties is submitted for approval to the Director General of the Regional Health Agency, who gives his opinion within one month, prior to signature.
Once the draft has been approved, the agreement is signed by all the directors of the establishments and by the relevant departmental or regional director of public finance.
III - The agreement sets out the conditions for carrying out cash management operations, the organisation and the resources implemented by each of the parties, in compliance with the provisions of Title I of Decree no. 2012-1246 of 7 November 2012 on public budgetary and accounting management and the budgetary and accounting nomenclature mentioned in Article R. 6145-3 of the Public Health Code. In particular, it provides for:
1° The organisation of cash transactions and the terms and conditions for their reimbursement ;
2° The procedures for monitoring and presenting an annual financial statement corresponding to the commitments of the parties;
3° The procedures for revising, renewing and terminating the agreement early.
IV-The pooling of available resources will be terminated if the Director General of the Regional Health Agency becomes aware of any shortcomings or malfunctions in the implementation of the system as defined by the agreement, or if he considers that the situation of the establishments involved so requires.
The Director General of the Regional Health Agency sets the terms and conditions for implementing his decision to terminate the scheme, in particular its effective date, which must be within six months of notification, and the terms and conditions for clearing the accounts recording cash transactions.
