The Etablissement français du sang mentioned in article L. 1222-1 includes the allocation mentioned in 7° of article L. 1142-23 in its budget each year. In order to determine the amount, the Office national d’indemnisation des accidents médicaux, des affections iatrogènes et des infections nosocomiales (National Office for Compensation for Medical Accidents, Iatrogenic Diseases and Nosocomial Infections) provides the Etablissement français du sang, on 1st October each year, with a forecast of the expenditure relating to compensation for the losses mentioned in article L. 1221-14 for the following year.
If the initial amount of the allocation is insufficient to cover the expenses incurred, this amount is modified under the same conditions and gives rise to an amending budgetary decision.
This allocation is intended to cover all expenditure relating to compensation for the losses referred to in article L. 1221-14.
It includes, on the one hand, the amount of compensation for the losses mentioned in article L. 1221-14, the costs of expert appraisals relating to this compensation and all costs relating to litigation resulting from contamination by the hepatitis C virus caused by a transfusion of blood products or an injection of blood-derived medicinal products, for which the Office is responsible underArticle 67 of Law No. 2008-1330 of 17 December 2008 on the financing of social security for 2009, and the amount of other operating expenses and capital expenditure directly linked to the management of the system.
The endowment is paid in such a way that the Office national d’indemnisation des accidents médicaux, des affections iatrogènes et des infections nosocomiales (National Office for Compensation for Medical Accidents, Iatrogenic Diseases and Hospital-acquired Infections) is responsible for the advance payment of expenses relating to compensation for the harm referred to in article L. 1221-14.
An agreement concluded between the two establishments and submitted for the approval of their Board of Directors specifies the reimbursement deadlines as well as the documents and technical conditions required for its implementation, the nature and method of transmission of the information communicated by the Office to the establishment enabling the latter to calculate the provision for transfusion risk.
An assessment of its implementation is made annually by the Board of Directors of each of the establishments.