French Public Health Code
In forceIn the event of partial or total non-fulfilment of the commitments, and in particular of the quantitative targets, the Director General of the Regional Health Agency will send the contract holder a reasoned formal notice to present, within a period of one month, the justifications for the non-fulfilment and the measures required to comply with its commitments. The contract holder may submit written or oral observations within this period.
In the light of the responses provided by the contract holder, the one-month period provided for in the first paragraph may be renewed once for the same period. If, at the end of this last period, the partial or total non-fulfilment of the commitments has not been validly justified, the Director General of the Regional Health Agency sets the penalty according to the seriousness of the breaches observed, within the limit of the ceiling provided for in the last paragraph of Article L. 6114-1.
This penalty is recovered and entered in the accounts by the fund referred to in articles L. 174-2, L. 174-2-1 or L. 174-18 or L. 752-1 of the Social Security Code and by the funds referred to in article 3 of order no. 77-1102 of 26 September 1977 extending and adapting various provisions relating to social affairs to the department of Saint-Pierre-et-Miquelon and in article 22 of order no. 96-1122 of 20 December 1996 relating to the improvement of public health in Mayotte.
The Director General of the Regional Health Agency notifies the contract holder of the penalty in a reasoned decision and by any means that provides proof of the date of receipt. This notification states that the debtor has one month from receipt to pay the sums claimed.
If payment is not made within this period, the formal notice provided for in the seventh paragraph of IV of article L. 162-1-14 of the Social Security Code is sent by any means that enables the date of receipt to be determined. It shall include details of the sums claimed as referred to in the previous paragraph, the appeal procedures and deadlines as well as the existence of a new deadline of one month, from its receipt, for the debtor to pay the sums claimed. It also indicates the existence and amount of the 10% surcharge provided for in the same seventh paragraph, applied if payment is not made within this period.
The formal notice provided for in the previous paragraph must be sent within two years of the notification provided for in the fourth paragraph of this article.
The action shall be time-barred in accordance with the provisions of articles 2224 et seq. of the Civil Code.
The provisions of III and IV of article R. 133-9-1 of the Social Security Code and articles R. 725-8 to R. 725-10 of the Rural and Maritime Fishing Code are applicable to the recovery of unpaid penalties referred to in article L. 162-1-14.
