an optician in the crosshairs of the CPAM, his glasses are not to the liking of Social Security

See my news
Follow Paris News

The Paris administrative court confirmed the legality of the administrative fine which had been inflicted by Health Insurance on an optician in the 11th arrondissement of Paris who had not displayed enough frames without liability in his “cramped” business. “.

No cheap frames

An eyeglass store located on rue du Faubourg Saint-Antoine was in fact the subject of an inspection, on April 8, 2022, by a sworn agent of the Caisse primary d'assurance- santé (CPAM) of Paris who had noted “abnormalities”.

In fact, since the entry into force of the “100% health” reform on January 1, 2021, opticians have the obligation to offer “frames respecting European standards, with a price less than or equal to 30 euros” and “ at least seventeen different models of adult frames in two different colors and six models of children’s frames.”

In this case, the CPAM had noted that no class A spectacle frames – therefore without any charges – were offered by the company, including in reserve. She therefore imposed a financial penalty on him which the two managers considered “disproportionate” in relation to the alleged facts; They therefore contested it before the Paris administrative court, arguing that “the physical impossibility of displaying all the frames” given the “small size of the store”.

0.43% of turnover

The judges, however, found the procedure perfectly regular.

“If the applicant claims that 40 frames for adults were available in reserve, while only 35 were to be displayed, she does not dispute (…) the fact that none of these frames were on display (…) and it does not appear not (…) from the file that they were accessible to customers”, holds the court in this judgment of September 20, 2024 which has just been made public. The same goes for the “six frames for children (…) available in reserve only”: their number was “less than that of the twenty (…) to be exhibited”.

It is therefore “rightly” that the general director of the CPAM of Paris pronounced this “sanction”: the fund also withheld an amount corresponding to “0.43% of the annual turnover in France” of the society. Under these conditions, while this is a “first breach”, the observation was “made during a single day of inspection” and “the regulatory exposure obligations were in no way satisfied “, this fine of 4,643 euros is in no way “disproportionate” for the Paris administrative court.

“The unproven fact (…) that this sanction would impose too great a financial burden on the applicant and that the latter has, subsequent to the contested sanction, complied with its obligations (…) has no impact », Finally dismiss the Parisian magistrates. The sanction was therefore maintained and the eyewear store in the 11th arrondissement will have to pay an additional 1,500 euros to the CPAM of Paris for its legal costs. He has until November 20, 2024 to appeal.

CB-PressPepper

Follow all the news from your favorite cities and media by subscribing to Mon Actu.