the Constitutional Council censures a provision on work stoppages

It is the main measure – the only one, or almost, with eleven “social riders” – that has just been challenged, in the social security financing lawthe Constitutional Council, seized, as is customary once this budget is adopted, by opposition deputies and senators: in their decision handed down on Tuesday, December 20, the sages of rue de Montpensier censure the provisions introduced in the article 101 of the aforementioned text, aimed at limiting the compensation by Medicare for work stoppages prescribed in the context of a teleconsultation.

These provisions provided that when such work stoppage is prescribed “remotely”, the insured person does not benefit from the payment of daily allowances if his physical incapacity has not been certified by his attending physician or by a physician having already received for less than a year. One way, the legislator explained this fall, to prevent the risk of abuse, while the Health Insurance intends to strengthen its fraud prevention strategy in terms of social protection.

Driven by the waves of Covid-19, the use of teleconsultations has become a habit: a recent study by DREES estimated 13.5 million in 2020, then 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. Balance sheets to put into perspective, however, with regard to the whole of the activity of liberal general medicine.

Read also: Medicine: teleconsultation mainly benefits young urban patients

Unions of doctors concerned

The practice will therefore not be curbed, or in any case not according to the methods mentioned in the law of financing of the “Safety”. For the wise, the provisions of the censored article “may have the effect of depriving the insured (…) 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 concerned does not comply with 11e preambular paragraph of the Constitution of 1946according to which “every human being who (…) is unable to work has the right to obtain adequate means of subsistence from the community.we read in their decision.

The will of supervision is rather well received by the unions of doctors, worried about a circumvention of the course of care and the offensive of certain commercial platforms.

Read also: Article reserved for our subscribers After the rejection of a final motion of censure, Parliament definitively adopts the 2023 Social Security budget

The Constitutional Council has validated all the emblematic articles of this text, including the disputed extension of the general medicine internship. On the other hand, he wronged the left-wing deputies who had lodged an appeal on his conditions of adoption with blows of 49.3.

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