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Social security budget: the Constitutional Council censures a provision on work stoppages

2022-12-20T17:11:18.379Z


This measure provided that work stoppages provided by teleconsultation by a professional other than the attending physician would not be reimbursed.


The Constitutional Council on Tuesday validated most of the Social Security budget for 2023, however censoring provisions providing for reimbursement of certain work stoppages prescribed in the context of teleconsultation, announced the high court.

Free morning after pill, rising tobacco prices, internship for general practitioners extended by one year... The emblematic measures of the Social Security financing law, definitively adopted by Parliament on December 2, have been validated.

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Red light, on the other hand, in front of article 101, which provided that work stoppages prescribed in teleconsultation by a professional other than the attending physician or a doctor seen during the last 12 months would no longer be reimbursed.

According to the Constitutional Council, these provisions "

may have the effect of depriving the socially insured (...) of the payment of daily allowances even though a doctor has noted his physical incapacity to continue or return to work

".

For this reason, the article in question is not in conformity with the 11th paragraph of the preamble to the 1946 Constitution, according to which "

every human being who (...) is unable to work has the right to obtain of the community adequate means of subsistence

», Consider the sages of the rue de Montpensier in their decision.

The Constitutional Council has also censured 11 other provisions considered to be "

social riders

", which according to him had no place in a Social Security budget.

However, these measures may be included in other texts.

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This is particularly the case of article 39, which provided that dental surgeons, midwives and nurses had “a

vocation to contribute to the permanence of care

”.

Same thing for article 42, which aimed to limit the possibility, for certain health establishments, medical biology laboratories and medico-social establishments, of resorting to temporary work with staff at the start of their career.

The Elders, on the other hand, proved wrong to the deputies on the left who had filed an appeal on the conditions for the adoption of the text via the constitutional weapon of 49.3.

In doing so, "

no constitutional requirement has been disregarded

" by the executive, says the Council.

Source: lefigaro

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