Section 4: Borrowings

The borrowing of public health institutions whose financial situation presents at least two of the following three characteristics is subject to the prior authorisation of the Director General of the Regional Health Agency: – the financial independence ratio, which results from the ratio of outstanding long-term debt to permanent capital, exceeds 50%; – the apparent duration of the debt exceeds ten years; – the outstanding debt, in relation to its…

Public health institutions may take out loans from credit institutions with a fixed or variable interest rate. The variable rate loans authorised are: – those whose interest rate varies in application of an indexation clause relating to a standard rate on the interbank market, the eurozone money market or the French government securities market; – those whose interest rate varies in application of an indexation clause relating to the general…

Public health institutions may only enter into financial contracts when they are linked to a loan. The following financial contracts are authorised: – interest rate options; – interest rate swaps; – forward rate agreements. These financial contracts may have a fixed or variable interest rate. The authorised variable-rate financial contracts are: – those whose interest rate varies in application of an indexation clause relating to a standard rate on the…

Public health care institutions may sell receivables at a discount, solely in respect of the income due to the institution by the health insurance scheme in respect of the valuation of activity provided for in the eighth paragraph of Article L. 162-22-6 and the second paragraph of Article L. 162-23-1 of the Social Security Code , provided that : the establishment’s self-financing capacity is sufficient, on average over the previous…

Where the conditions set out in Article D. 6145-72-1 are not met, the Director General of the Regional Health Agency may authorise public health institutions to use an assignment of receivables notified as a discount. The director of the institution shall send his request for authorisation to the Regional Health Agency, together with contracts for all short-term financing products available to him, commercial proposals for assignment of receivables contracts, a…

I.-The institutions authorised by the Regional Health Agency to sign a contract for the assignment of receivables notified as a discount pursuant to article D. 6145-72-2 are included in the regional cash flow supervision arrangements and submit a provisional cash flow plan to the Regional Health Agency on a monthly basis. If the institution is required to produce a recovery plan in accordance with article L. 6143-3, the director submits…