I.-The Agence technique de l’information sur l’hospitalisation (ATIH) submits to each establishment on the list drawn up in application of article R. 6113-58 a proposed agreement containing the reciprocal undertakings of both parties, by any means capable of providing a date certain.
II.This proposed agreement includes at least the following elements:
1° The nature of the information to be transmitted by the establishment from 1st January of the year of study;
2° The timetable for the transmission and validation of this data;
3° The other obligations of the parties, in particular those concerning respect for the confidentiality of the data;
4° The methods for determining the financial compensation;
5° The terms and conditions under which the financial compensation must be returned by the establishment in the event of non-compliance with its contractual commitments.
III – If the institution has not entered into an agreement within two months of the date of receipt of the proposal, the Agence Technique de l’Information sur l’Hospitalisation (ATIH) will send the institution, by any means capable of providing a date certain, a formal notice stating the penalty it is liable to pay and informing it that it has a period of fifteen days from the date of receipt to enter into the agreement or, if it refuses to do so, to submit its written observations.
At the end of this period, the Agence technique de l’information sur l’hospitalisation (ATIH) refers the matter to the Director General of the Regional Health Agency with a view to implementing the penalty provided for in the last paragraph of Article L. 6113-12. The Director General of the Regional Health Agency may order the institution to pay a penalty to the fund referred to in Articles L. 174-2 and L. 174-18 of the Social Security Code, the amount of which may not exceed that set in the second paragraph of Article L. 6113-13.
The establishment has one month from notification of the decision mentioned in the previous paragraph to pay the sum.