French Public Health Code
In forceThe Director General of the Regional Health Agency will ask a cancer centre to submit a recovery plan, within a period of between one and three months set by the Director General, in one of the following cases:
1° When it considers that the establishment's financial situation so requires ;
2° When the institution is financially unbalanced according to criteria defined by decree.
The terms and conditions of the return to equilibrium provided for in this plan give rise to the signature of an amendment to the multiannual contract of objectives and resources.
If the request for a recovery plan made by the Director General of the Agency is not complied with, or if the institution refuses to sign the aforementioned rider, the Director General of the Regional Health Agency may appoint a provisional administrator for the institution for a period of no more than six months, renewable once.the administrator must satisfy the conditions defined in the second to fourth paragraphs of article L. 811-2 of the Commercial Code.
The provisional administrator performs, on behalf of the institution, the administrative acts that are urgent or necessary to put an end to the malfunctions or irregularities observed and to prepare and implement a recovery plan. The administrator's remuneration is paid by the centre concerned, and the administrator provides proof of insurance covering the financial consequences of liability in accordance with article L. 814-5 of the French Commercial Code, which is paid for under the same conditions as the remuneration.
If the provisional administration fails, the Director General of the Regional Health Agency may refer the matter to the statutory auditor for implementation of article L. 612-3 of the same code.
