French Public Health Code
In forceIn the event of the definitive closure of an establishment or service managed by a private body, the sums allocated to the closed establishment or service by the State, local authorities and their public establishments or by social security bodies and used to finance the fixed assets of the establishment or service are paid back to the fund for modernisation and investment in healthcare mentioned in article 40 of the law on the financing of social security for 2001 (no. 2000-1257 of 23 December 2000). These sums are revalued in accordance with procedures laid down by decree.
In addition, in the case of a not-for-profit organisation, it pays into the fund referred to in the first paragraph the sums listed below:
1° The establishment's or service's cash reserves, constituted by increasing the income from tariffs and allocating the operating surpluses generated with the income from tariffs;
2° Operating surpluses from the fee schedule allocated to investment in the establishment or service, revalued under the conditions mentioned in the first paragraph;
3° Provisions for risks and charges, regulated provisions and provisions for depreciation of current assets set aside with the proceeds of the fee structure and not used on the day of closure.
The managing body of the closed establishment or service may, with the agreement of the pricing authority, fulfil the obligations set out in the first paragraph and 2° above by devolving the net fixed assets of the establishment or service.
