Budget of “Security”: Constitutional Council censures provision on work stoppages

The wise men validated Tuesday of the social security budget for 2023, however, censoring provisions providing for a reimbursement of certain work stoppages prescribed within the framework of teleconsultation.

By Mattea Battaglia

This is the main measure – almost alone, with eleven “social horsemen” – that has just taken down, in The social security financing law , the Constitutional Council seized, as is customary once this budget has been adopted , by opposition deputies and senators: in their decision rendered Tuesday, December 20, the wise men of Montpensier censor the provisions introduced in article 101 of the aforementioned text, aimed at limiting compensation by insurance- Work judgment disease prescribed as part of a teleconsultation.

These provisions provided that when such a work stoppage is prescribed “remotely”, the insured does not benefit from the payment of daily allowances if his physical incapacity has not been noted by his attending physician or by a doctor who has already received it for less than a year. One way, explained this fall the legislator, to prevent the risks of abuse, while health insurance intends to strengthen its Strategy for fighting fraud in terms of social protection.

carried by the waves of COVID-19, the use of teleconsultations was anchored in habits: a recent study of the DREES encrypt at 13.5 million in 2020, then to 9.4 million in 2021, the Number of teleconsultations carried out by liberal generalists. In the first four months of 2022, 5 million remote consultations were still carried out. Figures to be put into perspective, however, with regard to the entire activity of general liberal medicine.

unions of worried doctors

The practice will therefore not be hampered, or in any case not according to the methods mentioned in the law of financing the “security”. For the wise men, the provisions of the censored article “may have the effect of depriving the social insured (…) of the payment of daily allowances even a doctor noted his physical incapacity to continue or resume work”. For this reason, the targeted article is not in accordance with 11 e

é> paragraph of the preamble to the 1946 constitution , according to which” every human being who (…) is unable to work has the right to obtain from the community suitable means of existence “, we read in their decision.

The desire to supervise is rather well received by the unions of doctors, worried about a bypass of the care path and the offensive of certain commercial platforms.

The Constitutional Council has validated all the emblematic articles of this text, whose lengthening, disputed, of the boarding school of general medicine. On the other hand, he gave wrong to the left deputies who had filed an appeal on his conditions of adoption with “49.3”.

/Media reports cited above.