Question 7044 — social and medico-social institutions

Summary

Ms. Céline Thiébault-Martinez draws the attention of the Minister to the Minister of Labor, Health, Solidarity and Families, responsible for health and access to care, to the deleterious effects of Decree No. 2022-734 of April 28, 2022 on the economic balance of independent residences. Independent residences welcome independent elderly people wishing to live in a secure environment, while maintaining their independence while benefiting from optional services. As medico-social establishments falling under 6° of I of Article L. 312-1 of the Social Action and Families Code (CASF), they are subject to specific legal and financial supervision, unlike other forms of housing for the elderly. The decree of April 28, 2022, by modifying article R. 314-204 of the CASF, requires that, for absences of more than 72 hours for cause hospitalization, the amount of the daily rate of an establishment welcoming elderly people is reduced from the hospital package, which is currently 20 euros per day of hospitalization. This measure targets EHPADs and independent residences without distinction. However, if this rule is relevant for EHPADs, which can actually make savings when residents are hospitalized in that they do not have expenses for consumables (food, protection, etc.), it is unsuitable for independent residences. An independent residence with a monthly rent of 500 euros will not receive any rent from the resident hospitalized for 25 days (common duration for elderly people, particularly in the event of rehabilitation following an operation), even though the accommodation cannot be rented to another person. On the other hand, the decree provides for a reduction in the daily rate for absences of more than 72 hours for personal convenience, depending on variable catering and hotel costs. This provision should in no case apply to independent residences, where catering is optional and not included in the accommodation price, unlike EHPADs where catering is compulsory and therefore included in the daily accommodation price. In a context of aging population and growing needs for accessible intermediate housing, this provision directly threatens the viability of structures that are nevertheless essential, often supported by local authorities and approved by APL. She therefore wishes to know whether the Government intends to exclude independent residences from the scope of the decree of April 28, 2022, in order to guarantee fair treatment consistent with their reality. functioning.

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