I.-In application of the third paragraph of article L. 6133-8, the Director General of the Regional Health Agency decides on the applicable fee scale, after taking note of the option expressed by the group, within one month of receiving it.
To this end, the Director General of the Regional Health Agency assesses the justifications provided by the group on the basis of the following criteria:
1° The legal nature of the majority of members ;
2° The tariff scale of the majority of members;
3° The fee scale applicable to members with a majority shareholding;
4° The scale of charges applicable to members with a majority share of the grouping’s operating costs;
5° The fee scale applicable to the majority share of the grouping’s forecast activity.
In the event of disagreement with the tariff proposed by the grouping, the Director General of the Regional Health Agency will inform the grouping of the reasons for his disagreement within the time limit mentioned in the first paragraph. The group then has the same period in which to substantiate or modify its choice.
In the absence of an agreement between the group and the Director General of the regional health agency, or in the absence of an option exercised by the group, the Director General of the regional health agency decides on the applicable fee scale on the basis of the criteria mentioned above.
II – The scale of charges set in this way is included in the grouping’s founding agreement and is valid for the entire duration of the grouping as a health establishment, unless there are changes to the grouping’s membership. Any change to the scale of charges applicable to the grouping is the subject of a decision adopted unanimously by the members and approved by the Director General of the Regional Health Agency in accordance with the procedures defined in this article.