decommissioned, the health center at city hall has not finished with justice

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The administrative court of Montreuil will have to reconsider the request which had been submitted by the association which operates the health center of the town hall of Bobigny (Seine-Saint-Denis) after the deconvention to which it was subject in July 2023.

No more reimbursement for five years

As a reminder, the association General medicine North France was sanctioned with a “suspension of fixed remuneration other than for the act” for five years and the suspension of the possibility of practicing within the conventional framework, without reprieve, for the same duration by the CPAM of the Seine-Saint-Denis. Since this date, the center's patients no longer benefit from Social Security reimbursements.

The managing association had therefore lodged an emergency appeal to obtain the suspension of this decision, but the summary judge of the Montreuil administrative court rejected it on November 14, 2023. None of the association's arguments were of a nature to “create serious doubt” as to the legality of this decision, from his point of view.

At the same time, an appeal on the merits was filed by the association, in the hope of having this decision annulled following the re-examination of the case by a panel of three judges within two years. But on February 1, 2024, the Montreuil administrative court noted that no “confirmation” of “maintenance of the appeal on the merits” had reached it within the legal deadline of one month. He had therefore given “deed” of the “withdrawal” of the association, at the same time depriving it of the possibility of requesting subsequent compensation.

Glimmer of hope

“It is up to the appeal judge to verify that the person concerned has received the notification [de la décision de justice]that this notification contained the required information and informed him of the consequences of his abstention”, begins by recalling the Paris Administrative Court of Appeal, in a judgment dated September 30, 2024, which has just been made public. The magistrate must also ensure that “the applicant has refrained from confirming, in an unambiguous writing, the maintenance of his request”.

The slip which is returned to the court after an unsuccessful sending of registered mail to the litigant must therefore include “the date of unsuccessful presentation” and “indication of the reason why it could not be delivered”.

In this case, the letter sent to the Bobigny town hall health center “did not include any date of presentation”. “Therefore, these statements are not sufficiently clear, precise and consistent to establish the regularity of the notification”, deduces the court. She therefore sent the case back to the administrative court of Montreuil so that it could reconsider again, this time through a panel of three judges, on the legality of this five-year deconvention.

/CB (PressPepper)

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