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September 6, 2011 – The Constitutional Council refocuses Fourcade’s law on organizational goals
Half of the provisions of the proposed bill filed by Senator Fourcade to amend the law on hospital reform and on patients, health and territories (HPST) has not passed the censorship of Council constitutional . Composed of 16 items since its tabling in the Senate, the legislation included in its 65 editorial by the Joint Commission Meeting (CPM).
Qualified by law "yard sale" by the opposition, it is also true that when it appeared the Constitutional Council invalidated the articles in question on the grounds that they had no connection, even indirectly, with the original proposal bill.
Thus, the provisions of articles 22 and 22bis, became Article 54, were furiously discussed in the Senate and the National Assembly, and relative to the ability to modulate their mutual benefit by their associations, according to their subscribers or not a health professional with whom they have contracted, were deemed unconstitutional because of a lack of connection with the proposed law.
Similarly, Article 24, now Article 56, creating a risk-sharing device incurred under the professional liability of private doctors, the systems whose development had been welcomed by practitioners, has been invalidated by the wise. Even if the legislation is thus found largely stripped, and the changes and innovations reported do not concern the organization in the strict sense of the health system and access to health care, the fact remains that the joint exercise of professional health is facilitated, specifically through the creation of SISA and enhancing the status of nursing homes, and some enforcement actions against professionals with a private practice, that are poorly supported by the profession have been terminated. The principle of freedom of establishment is reaffirmed and strengthened the long term continuity of care. As for the patient, has even more information on the cost and traceability of medical devices and fees of professionals working in health facilities in particular.
Download French PDF - Translations available on request.