French Public Health Code
In forceI.-As soon as the Director General of the Regional Health Agency is aware of a project to create a subsidiary or to acquire a direct or indirect holding, he will send the documents mentioned in article R. 6145-77 to the Rector of the academic region for his opinion in the case of projects concerning training activities or projects concerning the exploitation of research activities and their results. In French Guyana, the Director General of the Regional Health Agency sends these documents to the Regional Delegate for Research and Technology for projects concerning the exploitation of research activities and their results.
II. -The Director General of the Regional Health Agency shall oppose the creation of a subsidiary or the acquisition of a direct or indirect shareholding by a university hospital centre if he finds that one or more of the following conditions are met:
1° The plan to create a subsidiary or to acquire a direct or indirect shareholding does not comply with the conditions laid down in Article L. 6145-7 or articles R. 6145-74 to R. 6145-77;
2° The plan to create a subsidiary or to acquire a direct or indirect holding presents a financial risk that is clearly incompatible with improving or maintaining the financial equilibrium of the university hospital centre. The Director General of the Regional Health Agency shall establish this risk after obtaining the opinion of the Regional Director of Public Finance or, in the case of Assistance Publique-Hôpitaux de Paris, the Financial Controller;
3° The university hospital centre does not have an enforceable statement of projected income and expenditure or an approved multi-annual global financing plan.
