Legal file · 5.03

5.03 — Recovery of Excessive Extra Medical Fees

The Plan states €1.2 billion per year with evidence level C. Current law already requires fees to be set with tact and moderation. Any additional recovery mechanism would need an objective definition, an adversarial process and protection against automatic sanctions based on misunderstood averages.

5.03 — Recovery of Excessive Extra Medical Fees
5.03 — Recovery of Excessive Extra Medical Fees

What the Plan proposes

Plan source: the measure title, stated effect and evidence level come from the public Plan de Rupture. This page adds an initial legal and operational architecture requiring expert review.

The Plan states €1.2 billion per year with evidence level C. Current law already requires fees to be set with tact and moderation. Any additional recovery mechanism would need an objective definition, an adversarial process and protection against automatic sanctions based on misunderstood averages.

Status: structured citizen prototype requiring review by ministries, the Conseil d’État, professionals, patient representatives and competent authorities.

Implementation path

  1. Define excessPublish a rule accounting for the act, specialty and exceptional circumstances.
  2. Detect an anomalyCompare like with like and verify the data.
  3. Notify the doctorProvide facts, period, calculation and evidence.
  4. Decide fairlyIssue a reasoned decision after a response.
  5. Allow appealProvide administrative and judicial redress.

What must be measured before and after

Baseline

Initial data, perimeter, population and full costs.

Quality of care

Safety, continuity, delays and patient outcomes.

Workforce effects

Training, workload, mobility, attractiveness and working conditions.

Net effect

Gross savings minus transition, recurring costs and shifted burdens.

Official sources

  1. Code de déontologie médicale — article R. 4127-53
  2. Assurance Maladie — OPTAM