Failure to comply with the provisions of the third paragraph of Article L. 6144-1 and the fourth paragraph of Article L. 6161-2 may be recorded by the Director General of the Regional Health Agency, particularly in cases where the health care organisation fails to make the results of its quality and safety indicators available to the public, or where this provision is incomplete or inadequate.
In the cases referred to in the previous paragraph, the Director General of the Regional Health Agency sends the director of the health care organisation formal notice to make its indicators available to the public within three months.
If the director of the health care organisation is unable to comply with this formal notice, he shall submit his observations and the measures he undertakes to implement to remedy the shortcomings observed to the Director General of the Regional Health Agency before the expiry of the period prescribed by the Director General.
In the light of these observations and undertakings, the Director General of the Regional Health Agency will decide on the appropriate measures.
In the event of inadequacy or non-compliance with the undertakings given, the Director General of the Regional Health Agency may, by means of a reasoned and published decision, order a reduction in the allocation referred to in Article L. 162-22-13 of the Social Security Code, up to a limit of 0.1% of total health insurance revenue for the year in which the formal notice is served.
If the institution does not receive the allocation referred to in the previous paragraph, the reduction is applied, within the same limit, as appropriate, to the income from the charges for hospital services referred to in article L. 162-22-4 of the Social Security Code or to the allocation referred to in article L. 174-1 of the same code.
The Director General of the Regional Health Agency immediately informs the ministers responsible for health and social security.