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Article R1110-8 of the French Public Health Code

Discriminatory refusal of care, within the meaning of Article L. 1110-3, any practice intended to prevent or dissuade a person from having access to preventive measures or care, by any means whatsoever and in particular by placing obstacles in the way of effective access to a healthcare professional or to benefiting from the normal conditions for financial coverage of healthcare procedures, services and products, on one of the grounds of…

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Article R1110-9 of the French Public Health Code

The joint conciliation commission referred to in article L. 1110-3, which has jurisdiction in the event of a complaint lodged by a person who considers that he or she has been the victim of a discriminatory refusal of care by a health professional belonging to a professional association, is composed of : 1° Two representatives of the local health insurance body within whose jurisdiction the practitioner is based on the…

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Article R1110-10 of the French Public Health Code

The Commission may only sit if at least one member from each of the categories mentioned in 1° and 2° of article R. 1110-9 is present, and provided that parity is respected between the members from these two categories. A member may not sit if he has a direct or indirect family or professional relationship with one of the parties to the proceedings, which prevents him from carrying out his…

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Article R1110-11 of the French Public Health Code

Any person who considers that he or she has been the victim of a discriminatory refusal of care may lodge a complaint with the director of the local health insurance body or the president of the professional association mentioned in 1° and 2° of article R. 1110-9. The referral must mention the identity and contact details of the person lodging the complaint, details enabling the health professional in question to…

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Article R1110-12 of the French Public Health Code

The committee will meet at a venue agreed between the local health insurance body and the local professional association. Failing this, it is hosted by the authority that received the complaint. At this meeting, the person lodging the complaint may be assisted or represented by a person of their choice, in particular by an approved association within the meaning of article L. 1114-1. The professional may be assisted or represented…

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Article R1110-13 of the French Public Health Code

In the event of non-conciliation, the President of the Council of the Association on whose roll the health professional is registered will forward a reasoned opinion on the complaint to the Disciplinary Chamber of First Instance of the competent Ordinary Court, associating himself with it where appropriate. This transmission is accompanied by the complaint and all the documents from the conciliation procedure. It must be sent within three months of…

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Article R1110-14 of the French Public Health Code

The condition of recidivism referred to in article L. 1110-3, which precludes the implementation of the conciliation procedure provided for in these same provisions, as well as that provided for in article L. 4123-2, is met when the health professional in question has already been the subject, in the six years preceding receipt of the complaint, of a definitive sanction for discriminatory refusal of care, pronounced by an Ordinary Court…

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Article R1110-15 of the French Public Health Code

If the professional association concerned fails to comply with the three-month time limit stipulated in article R. 1110-11 for implementing the conciliation procedure, or the time limit stipulated in article R. 1110-13 for bringing the matter before the disciplinary court following a failure to reach conciliation, the director of the local health insurance body will initiate the sanction procedure provided for inarticle L. 114-17-1 of the Social Security Code, in…

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Article R1110-16 of the French Public Health Code

Each year, the national councils of the professional associations, in the case of health professionals against whom complaints have been lodged, and the Director of the Union nationale des caisses d’assurance maladie (National Union of Health Insurance Funds) will send a report on the actions taken in application of this section to the Minister for Health and the Minister for Social Security. This report shall specify, in particular, the number…

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