By reasoned decision and for a period not exceeding twelve months, the Director General of the Regional Health Agency shall place the public health institution under the provisional administration of either inspectors from the Inspectorate General of Social Affairs or the Inspectorate General of Finance, or management staff from the establishments mentioned in 1° and 2° of article 2 of law no. 86-33 of 9 January 1986 on statutory provisions relating to the hospital civil service, or any other qualified persons, appointed by the Minister for Health, in the event of a serious breach affecting patient safety or when, after it has implemented the procedure provided for in article L. 6143-3, the institution fails to present a recovery plan within the required timeframe, refuses to sign the amendment to the multiannual contract of objectives and resources or fails to implement the recovery plan, or when the recovery plan does not enable the institution’s situation to be rectified.
The Director General of the Agency may first refer the matter to the Regional Audit Chamber for its opinion on the institution’s financial situation and, where appropriate, its proposals for recovery measures. The Regional Audit Chamber shall give its opinion within two months of the referral.
During the period of provisional administration, the duties of the Supervisory Board and the Director, or the duties of the Supervisory Board or the Director, are carried out by the provisional administrators. Where appropriate, one of the provisional administrators, appointed by name, shall exercise the powers of the Director. The director of the establishment is then placed on assignment with the Centre national de gestion mentioned in article 116 of the aforementioned law no. 86-33 of 9th January 1986, without the opinion of the competent administrative committee being required. This assignment may be extended to other members of management staff or directors of care. The Director General of the Agency may also decide to suspend the Executive Board. The provisional administrators shall keep the Supervisory Board and the Management Board regularly informed of the measures they take.
At least two months before the end of their term of office, the provisional administrators submit a management report to the Director General of the Agency. In the light of this report, the Director General may decide to implement the measures provided for in articles L. 6131-1 et seq. He may also extend the provisional administration for a maximum period of twelve months. In the absence of a decision to this effect before the end of the administrators’ term of office, provisional administration ceases ipso jure.