Orpea scandal: the State takes legal action, the CEO of Orpea apologizes


The inspection report mentions “significant malfunctions in the organization of the Orpea group, to the detriment of the care of residents”, indicated the ministry in charge of autonomy (AFP/Archives/LOIC VENANCE)

An administrative inspection confirmed part of the accusations in the book “Les Fossoyeurs” on “serious dysfunctions” within the group of private nursing homes Orpea: the government, which will not publish the report, takes legal action, and the CEO of the group apologizes, while defending his business.

In view of serious malfunctions”, the State “files a complaint and seizes the public prosecutor”, on the basis of article 40 of the code of criminal procedure which obliges any authority to report criminal acts of which it is aware, has said Saturday on France Inter the delegate minister in charge of the autonomy of the elderly, Brigitte Bourguignon.

And “we demand the restitution” of public grants allegedly diverted from their purposes, she added.

The administrative investigations had been ordered following the earthquake caused by the book-investigation Les Fossoyeurs

The administrative investigations had been ordered following the earthquake caused by the investigative book “Les Fossoyeurs” (AFP/Archives/Bertrand GUAY)

These decisions follow the investigation report that the General Inspectorates of Finance (IGF) and Social Affairs (IGAS) have just transmitted to the government, which had seized them on February 1 to shed light on the facts denounced by the journalist Victor Castanet in an explosive book, “Les Fossoyeurs”.

In an interview with Le Figaro published online on Saturday evening, the CEO of Orpea, Philippe Charrier, “regrets” that the report “is neither made public nor made available to stakeholders” because it “allows us to conclude” that ” there is no organized system at Orpea that would lead to mistreatment”. In addition, Mr. Charrier takes “note of the Minister’s decision to send the report to the public prosecutor”.

– Orpea’s apologies –

According to the ministry in charge of Autonomy, the inspection report mentions “significant dysfunctions in the organization of the group, to the detriment of the care of residents”.

The CEO of Orpea, Philippe Charrier, before the Social Affairs Committee of the National Assembly, February 2, 2022, in Paris

The CEO of Orpea, Philippe Charrier, before the Social Affairs Committee of the National Assembly, on February 2, 2022, in Paris (AFP/Archives/Alain JOCARD)

“The malfunctions identified” are linked “most often (to) a shortage of care and support professionals affecting the entire sector”, replies the CEO of Orpea, who however says that he has taken “the full measure of the legitimate emotion aroused by these dysfunctions”.

“On behalf of Orpea”, he “presents (s) his most sincere apologies to the residents and families”. “We will improve,” he said.

Highly anticipated for weeks, the inspection report will not be made public, because it is covered by “business secrecy”, Brigitte Bourguignon’s cabinet told AFP. Contrary to statements by the Minister of Health Olivier Véran, on March 11, who then intended to publish “all of it, with the exception of what is covered by business secrecy”.

The residence of the Orpea Les Bords de Seine group, on January 26, 2022 in Neuilly-sur-Seine, near Paris

The residence of the Orpea group “Les Bords de Seine”, on January 26, 2022 in Neuilly-sur-Seine, near Paris (AFP/Archives/ALAIN JOCARD)

Regarding the public grants allegedly diverted from their purposes, for which the State will claim reimbursement, they amount to “several million” euros, according to Brigitte Bourguignon.

“The report notes a surplus of 20 million euros in four years, or 1.5% of the public grants received over the period”, replies Philippe Charrier in the interview with Le Figaro, affirming that these surpluses “had no effect on the profits of the group”.

These sums “result from the entry into force in 1917 of the law on the adaptation of society to aging”, which aimed to move towards a “tariff convergence” between public nursing homes and private nursing homes, under-endowed compared to the public, according to the boss of Orpea.

– “Business secrecy” –

Beyond the accounting aspect, the administration inspectors noted “fragilities in the support of residents”: the “satisfaction of (their) nutritional needs” leaves something to be desired, some staff “were not necessarily to the height” and residences accommodated too many residents in relation to their authorized capacity.

The Minister Delegate for the Autonomy of the Elderly, Brigitte Bourguignon, on February 15, 2022 at the National Assembly in Paris

The Minister Delegate for the Autonomy of the Elderly, Brigitte Bourguignon, on February 15, 2022 at the National Assembly in Paris (AFP/Archives/JULIEN DE ROSA)

These conclusions and the seizure of justice by the State constitute a “fundamental step”, reacted Victor Castanet. However “the families of residents and the employees who participated in my investigation (…) do not understand the non-publication of this report,” the journalist told AFP.

“The argument of business secrecy has been opposed to me throughout my three years of investigations” and “again, this vague notion protects a private group to the detriment of the general interest”, he said. lamented.

This decision is “surprising, bordering on shocking”, added Senator (LR) Bernard Bonne, co-rapporteur of the Senate commission of inquiry into the Orpea scandal. “I’ve been laying siege to the ministry since the beginning of the week, but it still hasn’t been passed on to us,” he told AFP.

Brigitte Bourguignon must be heard Tuesday afternoon by this commission – before the leaders of Orpea Wednesday morning – and the question of the refusal to transmit the report “will be the first to be put to her”, he assured.

© 2022 AFP

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