French Public Health Code
In forcePublic health establishments may be closed when the authorisation provided for in
article L. 6122-1is withdrawn or not renewed.
The closure is decided by order of the Director General of the Regional Health Agency for the region in which the establishment's head office is located, after consulting the establishment's supervisory board, the specialised commission for the organisation of care of the Regional Conference on Health and Autonomy and the municipality in which the establishment's head office is located. However, the closure of a public health institution with a regional jurisdiction is decided by decree, after consultation with the supervisory board and the specialised commission for the organisation of care of the regional health and independence conference, and the closure of a public health institution with a national or inter-regional jurisdiction is decided by decree, after consultation with the supervisory board and the national committee for health and social organisation.
The act of closure defines the procedures for the liquidation of the institution. In particular, it lays down the conditions for the devolution or realisation of assets and liabilities and, where appropriate, the destination of any surplus assets. It shall designate the local authority or public establishment to which the legacies and donations are to be made. Subject to the provisions of article L. 6145-10, the legacies and donations are transferred to this local authority or public body for the same purpose.
The Director General of the Regional Health Agency takes his decision on the basis of a file containing, in addition to the deliberations and opinions provided for in the first and second paragraphs, the documents needed to assess the reasons for the abolition and its consequences, particularly financial and asset-related. An order of the ministers responsible for health and social security determines the composition of this file.
