The Constitutional Council on Thursday censured a criticized measure in the Social Security budget, providing for the suspension of an employee’s daily allowances if a doctor mandated by his employer considers that his work stoppage is unjustified.
A provision providing for the possibility, for the Minister of Health, of limiting or prohibiting the prescription by telemedicine of medicines out of supply was also censored in this draft financing law for the Social Security (PLFSS) for 2024.
The Constitutional Council, seized by the left-wing deputies and the Republicans (LR), on the other hand rejected the accusation by dismissing the applicants, who judged that the forecasts for growth, inflation and spending were too optimistic in this budget , definitively adopted by Parliament at the beginning of December.
On daily allowances, the Elders ruled in favor of the opposition, who considered that the measure was contrary to the right of a person unable to work to obtain suitable means of existence from the community.
This provision allowed a doctor mandated by an employer to call into question a work stoppage, without having carried out a medical examination of the insured person. And to be able to thus deprive him of compensation without systematic intervention of the medical control of the health insurance.
Concerning the prescription of medication by telemedicine, the Council noted that the censorship provision could deprive a patient of the possibility of being prescribed a medication necessary for their state of health for the sole reason that they consulted a doctor. distance.
On the other hand, the Wise Men validated the three-day limitation – with exceptions – of work stoppages by teleconsultation. A duration corresponding to the waiting period not compensated by health insurance.
The institution also considered the reduced support for patients who refuse shared medical transport with other patients to be compliant. A measure strongly contested by taxis, who showed their opposition ten days ago by blocking or slowing down traffic in several large cities.
In the name of the separation of powers, the Constitutional Council also censored an article which required seeking an opinion from the social affairs committees of both chambers before issuing certain decrees.
This provision had been introduced into the PLFSS with the approval of the government as a concession to the opposition, which was opposed to the planned increase in medical deductibles, which could be implemented by the executive through regulations.
Without commenting on their constitutionality, the Wise Men also censored eight provisions which, in their view, had no place in this budget. Among these social riders is in particular an article which provided that health insurance was required to communicate to the competent authority information on acts of a fraudulent nature committed by a health professional.