Question 14469 — health establishments

Summary

Mr. Philippe Juvin draws the attention of the Minister of Health, Families, Autonomy and People with Disabilities to the conditions for exercising the right to strike in private health establishments and to the need to guarantee, in all circumstances, the continuity and safety of care. The right to strike constitutes a fundamental constitutional freedom. However, in the health sector, its exercise must be reconciled with the imperative of protecting patients, particularly in critical services such as intensive care, continuous monitoring, oncology or emergencies. However, if establishments responsible for a public service mission are subject to specific rules on notice and continuity of service provided for in Articles L. 2512-1 et seq. of the Labor Code, this framework does not uniformly cover all health establishments. lucrative private sector, even though they fully participate in the provision of territorial care. Several managements of private establishments are warning of situations in which sudden or insufficiently anticipated social movements can weaken the organization of care, create a risk of massive deprogramming, transfers of patients or tension on neighboring structures. This vulnerability is all the more worrying in territories where private provision provides an essential part of hospital activity. However, the principle of continuity of care is essential to all health actors. Also, he asks if the Government plans to initiate a discussion with hospital federations, employee representatives and regional health agencies in order to better secure, in private health establishments, anticipation social movements affecting critical care activities. He would like to know whether regulatory or conventional developments are envisaged to strengthen the mechanisms for prior dialogue, patient information, business continuity plans and, where applicable, mobilization of personnel essential to the safety of care, while respecting the right to strike.

Machine translation from French. The official text remains authoritative.

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