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Chapter VII: Guarantee fund for damage resulting from preventive, diagnostic or therapeutic acts performed by health professionals

Article R427-2 of the French Insurance Code

The resources referred to in article R. 427-1 are intended to cover : 1° In respect of the compensation referred to in I of Article L. 426-1 : a) Compensation expenses ; b) Costs incurred by the Caisse Centrale de Réassurance ; c) Costs relating to proceedings and settlements to which the fund is a party; 2° In respect of the compensation referred to in II of Article L. 426-1…

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Article R427-3 of the French Insurance Code

The annual flat-rate contribution instituted in V of article L. 426-1 is due in respect of any insurance contract concluded pursuant to the first paragraph of article L. 1142-2 of the Public Health Code and taken out with an undertaking referred to in article L. 310-2 of this Code. This contribution is collected by the insurance company when it issues the premiums or contributions it collects each year. It is…

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Article R427-5 of the French Insurance Code

The management referred to in Article R. 427-4 is accounted for separately from the other operations carried out by the fund. The available assets of the fund are invested by the Caisse centrale de réassurance in the assets mentioned in article R. 332-2. When the assets capitalised by the fund are less than 15 million euros, these assets are invested in the assets mentioned in 1° to 3° of article…

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Article R427-7 of the French Insurance Code

A management board is set up for the fund referred to in Article L. 426-1. This board is chaired by the chairman of the board of directors of the Caisse centrale de réassurance. The Board also includes: 1° The Director General of the Treasury or his representative; 2° The Director of Social Security or his representative; 3° The Director of the Budget or his representative; 4° Two representatives of insurance…

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Article R427-8 of the French Insurance Code

The Management Board meets at least once a year when convened by its Chairman, either on his own initiative or at the request of the Minister for the Economy or the Minister for Health. The secretariat of the Management Board is provided by the Caisse Centrale de Réassurance.

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Article R427-9 of the French Insurance Code

The Management Board is consulted on the Fund’s draft annual accounts. It may be consulted by the ministers responsible for the economy or health on any matter relating to the purpose of the fund. It is informed of the operations carried out by the fund.

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Article R427-10 of the French Insurance Code

The Chairman of the Board of Directors of the Caisse Centrale de Réassurance closes the Fund’s accounts for the past financial year after consulting the Management Board referred to in Article R. 427-7 in accordance with the procedures set out in Article R. 427-9.

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