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 to limit or prohibit 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.
The measure 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 ruled that the censored provision could deprive a patient of the possibility of being prescribed a medication necessary for their state of health on the sole ground 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, a way for the government to reintroduce the reimbursement censured last year by the same Constitutional Council.