Section 3: Penalties

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R6112-6

Article R6112-6

French Public Health CodeIn force
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Updated 1 Nov 2023

I.- When the Director General of the Regional Health Agency observes a breach of the public hospital service obligations referred to in Article L. 6112-2, he informs the legal representative of the health care organisation responsible for the breach. If the breach is deliberate or persists, the Director General of the Regional Health Agency will initiate sanction proceedings against the health care organisation responsible for the breach.

The Director General will notify the legal representative of the health care organisation, by any means capable of guaranteeing a date of receipt, of the nature of the breach and the penalty incurred, and will provide the legal representative with evidence of the breach.

The legal representative of the establishment may submit written observations or ask to be heard by the Director General of the Regional Health Agency within one month of the date of receipt of the notification. It may be assisted by a person of its choice.

II - On expiry of this period, the Director General of the Regional Health Agency will notify the legal representative of the establishment of his decision by any means that can be reliably dated. Where the establishment is an army hospital, the Director General of the Regional Health Agency will forward his proposed decision to the Ministers for Defence and Health.

Where a penalty is imposed, the decision shall indicate the nature of the facts constituting the breach, the appeal procedures and deadlines, as well as :

1° In the case of a financial penalty, the amount imposed and the reasons for imposing it. The fund referred to in Articles L. 174-2, L. 174-18 or L. 752-1 of the Social Security Code is informed of this decision and proceeds with recovery;

2° In the event of the withdrawal of authorisation granted to a private establishment in application of article L. 6112-3 of this code, its effective date, the period during which the establishment may not apply for new authorisation, which may not be less than one year from the date of notification of the decision, and the reasons for this period.

III - No sanction may be imposed under II more than two years after a breach has been identified.

Mariela Petrova

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A notary (notaire) is a public officer who authenticates specific deeds (mainly real-estate transfers and certain family-law acts). A corporate lawyer (avocat) advises on strategy, negotiates and drafts company documents, and represents you in disputes. The two roles complement rather than overlap.

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Mariela Petrova

Mariela Petrova

Avocate au Barreau de Paris

Toque #C2396

15+ Years In Corporate Practice

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