Part Six: Health facilities and services

The grouping referred to in article L. 6122-1 consists of bringing together in one place all or some of the care activities previously authorised on separate sites within the same region or spread across several regions. The conversion referred to in article L. 6122-1 consists of transforming all or part of the nature of its care activities. By way of derogation from 2° of article L. 1434-3, authorisation for grouping…

The authorisation may be subject to specific conditions imposed in the interests of public health and, where applicable, specific defence requirements identified by the plan referred to in article L. 1434-3. It may be limited, at the request of the authorisation applicant, to specific therapeutic practices specified by decree in the Conseil d’Etat. It may also be made subject to a commitment to implement cooperative measures to promote the joint…

Authorisation is given for a fixed period, set by regulation. This period may not be less than seven years, except in the case of healthcare activities requiring special provisions in the interests of public health. Where appropriate, the authorisation sets quantitative and qualitative targets for the healthcare activities or heavy equipment authorised. In this case, the authorisation sets out the penalties applicable if these targets are not met. In the…

Authorisation for activities or facilities covered by a regional plan is granted or renewed by the regional health agency after obtaining the opinion of the specialised commission of the regional conference on health and autonomy responsible for the health sector. Authorisation for activities or facilities covered by a national or inter-regional plan is granted or renewed by the regional health agency for the region in which the applicant has its…

By way of derogation from the provisions of articles L. 6122-2, L. 6122-8 and L. 6122-9, in the event of a serious health threat identified by the Minister for Health under the conditions provided for in article L. 3131-1, the Director General of the Regional Health Agency may authorise, for a limited period of time, a healthcare establishment to carry out a healthcare activity other than that for which it…

Renewal of the authorisation is subject to compliance with the conditions set out in articles L. 6122-2 and L. 6122-5. It may also be subject to the conditions mentioned in the second paragraph of article L. 6122-7. The holder of the authorisation sends the application for renewal of its authorisation to the Regional Health Agency no later than fourteen months before the authorisation expires. After examining the elements mentioned in…

The regional or inter-regional health plan and decisions to authorise activities or heavy equipment may be appealed to the Minister for Health, who will rule within a maximum of six months, after obtaining the opinion of the National Committee for Health and Social Organisation. This appeal is not a prerequisite for legal action.

All authorisations are deemed to have lapsed if the operation has not been started within three years. The authorisation is also deemed to have lapsed for any part of the activity, structure or equipment that has not been completed, implemented or installed within four years. Similarly, unless the Director of the Regional Health Agency gives his prior consent at the justified request of the holder of the authorisation, the receiver…

When the Director General of the Regional Health Agency establishes that the quantitative and qualitative targets mentioned in article L. 6122-8 are not being sufficiently met according to criteria defined by decree, he may revise the authorisation mentioned in article L. 6122-1. From the date of notification by the Regional Health Agency of the proposed revision of the authorisation, together with the reasons for the revision, the holder of the…

I.-When, during the performance of a healthcare activity or the installation of a piece of heavy equipment, it is established that the person holding the authorisation has failed to comply with the laws and regulations for the protection of public health or the continuity of care provided by medical staff, or has refused the consultation referred to in article L. 6122-5, the Director General of the Regional Health Agency will…