A health care institution mentioned in b and c of article L. 162-22-6 of the Social Security Code may be authorised by the Director General of the Regional Health Agency to use independent medical professionals and medical auxiliaries to carry out its missions as defined in article L. 6111-1 and, subject to the institution being authorised to provide the public hospital service, the mission defined in article L. 6112-1 of this Code. They are remunerated by the establishment on the basis of fees corresponding to the tariffs provided for in 1° of I of article L. 162-14-1 of the Social Security Code, less a fee. The conditions for application of this paragraph are set by decree.
The self-employed professionals mentioned in the first paragraph participate in the establishment’s activities and missions under a contract signed with the establishment, which sets out the terms and conditions of their participation and ensures compliance with the guarantees mentioned in article L. 6112-3.
They are presumed not to be bound by a contract of employment with the establishment that uses them under the conditions provided for in this article.
By way of derogation from 4° of I of Article L. 6112-2, liberal medical professionals who have entered into a contract with the establishments mentioned in 3° of Article L. 6112-3 which, on the date of promulgation of Law no. 2019-774 of 24 July 2019 relating to the organisation and transformation of the healthcare system, charge fees that do not correspond to the tariffs provided for in 1° of I of Article L. 162-14-1 of the Social Security Code are authorised to charge in excess of these tariffs. These self-employed medical professionals set and adjust their fees to levels that allow access to care for insured persons and their dependants.