I. – The agreement setting up the healthcare cooperation grouping includes the following information in particular:
1° The registered office of the grouping and its name ;
2° The purpose of the grouping and the division of activities between the grouping and its members ;
3° The identity of its members and their status ;
4° The legal nature of the grouping ;
5° The duration of the grouping. Failing this, it is set up for an indefinite period;
6° The rules for determining the contribution of its members to its operating costs and, subject to the situation provided for in the third paragraph of Article R. 6133-3, the procedures for their annual review in the light of the costs actually recorded in respect of the previous year as part of the preparation of the draft budget estimate or the statement of forecast expenditure and revenue, depending on the legal nature of the Grouping;
7° The rights of members and the rules for determining them;
8° The rules according to which the grouping’s members are liable for its debts;
9° The arrangements for representation of each of its members at the general meeting;
10° Where applicable, its capital ;
11° The budgetary and accounting system applicable to the grouping;
12° The arrangements for making movable or immovable property available;
12° bis The arrangements for the provision of staff by the members and, where applicable, the conditions under which the grouping recruits its own staff and the public or private law regime applicable to them;
13° The circumstances and rules governing the dissolution of the Grouping and the procedures for the devolution of its assets;
14° The conditions for the involvement of natural or legal persons practising medicine on a self-employed basis and the medical and non-medical staff of member establishments, army hospitals, other elements of the army health service or health centres and, where applicable, for each care activity, the methods for monitoring the activity of self-employed medical professionals as well as the maximum number of periods of permanent care provided by self-employed doctors under the second paragraph of article L. 6133-6 ;
15° The rules for joining, withdrawing and excluding members, as well as the procedures for hearing the representative of the member in respect of whom an exclusion measure is envisaged;
16° The procedures for electing the director and his alternate, and the rules for the administration and internal organisation of the grouping, including, where appropriate, the creation of a select committee;
17° The division of powers between the general meeting, the administrator and, where applicable, the select committee;
18° The conditions for the amicable liquidation of the grouping and the appointment of one or more liquidators.
II. – The constituent agreement mentions, where applicable, the grouping’s intention to operate one or more authorisations held by its members on a single site, in accordance with the provisions of article L. 6133-1-1 and articles R. 6133-12 to R. 6133-16. In this case it specifies :
1° The person holding and the nature of the authorisation for the healthcare activity jointly operated ;
2° The rules for admitting patients cared for within the framework of the grouping and the responsibility of each of the members with regard to them, as well as the division of this responsibility between the grouping and its members;
3° The procedures for the collection, transmission and archiving by the Grouping of the information referred to in the first paragraph of article L. 6113-8 and in accordance with articles R. 6113-8 and R. 6133-10 ;
4° The arrangements for organising the medicinal treatment of patients within the grouping, as provided for by the provisions of II of article L. 5126-2 ;
5° Where applicable, when the grouping is set up as a healthcare establishment, the conditions relating to haemovigilance and transfusion safety mentioned in the last paragraph of article R. 1221-45 ;
6° The arrangements for billing the care provided in connection with the authorisation jointly operated by the group. Mention is made either of the continuation of billing by the full member(s) and the name of the member(s), or of billing by the grouping and the scale of charges applicable to it, in accordance with the provisions of article R. 6133-13.
III. – Where applicable, the agreement setting up the grouping states that it is authorised to carry out healthcare activities. Where it holds a healthcare activity authorisation, the grouping is formed for a period at least equal to the duration of the authorisation.
Where the healthcare cooperation grouping holds one or more authorisations for healthcare activities, the agreement setting up the grouping as a healthcare establishment specifies the nature and duration of the healthcare activity authorisations held by the grouping, as well as the procedures for the collection and transmission by the grouping of the information referred to in the first paragraph of article L. 6113-8. It also defines the conditions referred to in the last paragraph of article R. 1221-45 and specifies the procedures for implementing the rights and obligations of healthcare institutions.
The constituent agreement of the health cooperation grouping set up as a public health establishment specifies the jurisdiction and registered office of the public health establishment thus created.
IV. – The constituent agreement indicates, where applicable, the grouping’s vocation to hold a blood deposit authorisation in application of article L. 1221-10.
Where it holds a blood establishment authorisation, the grouping is formed for a period at least equal to the duration of the authorisation. Its constitutive agreement identifies the members of the grouping for whose needs the blood establishment authorisation is issued. It specifies, among these members, the establishment within which the blood establishment is located.
V. – The association agreements concluded between the healthcare cooperation grouping and the university hospital centre or the dental care, teaching and research centre are appended to the constituent agreement.
The agreement setting up the health cooperation group specifies, where applicable, the scope of the research activities entrusted to the group, the fixed duration of these activities and the planned sources of funding. It sets out the procedures for the filing and exploitation of patents by the consortium, as well as the procedures for the exploitation of research activities and their results.
VI. – The first provisional budget and the Grouping’s overall financial balance are appended to the founding agreement.