LexInter | July 29, 2005 | 0 Comments

LAW OF 11 FEBRUARY 2005 RELATING TO EQUAL RIGHTS, PARTICIPATION AND CITIZENSHIP OF DISABLED PERSONS

Article 1

Before article L. 146-1 of the social action and families code, an article L. 146-1 A is inserted as follows:

“Art. L. 146-1 A. – In all the national or territorial bodies which issue an opinion or adopt decisions concerning the policy in favor of disabled people, the representatives of disabled people are appointed on the proposal of their representative associations, ensuring the presence simultaneous association of associations participating in the management of social and medico-social establishments and services mentioned in 2 °, 3 °, 5 ° and 7 ° of I of Article L. 312-1 and associations not participating in it . ”

Article 2

I. – Chapter IV of Title I of Book I of the Code of Social Action and Families is thus amended:

1 ° Before article L. 114-1, an article L. 114 is inserted as follows:

” Art. L. 114. – Constitutes a handicap, within the meaning of this law, any limitation of activity or restriction of participation in life in society suffered in his environment by a person due to a substantial, lasting or definitive deterioration of one or more physical, sensory, mental, cognitive or psychic functions of a multiple handicap or a disabling health disorder. “;

2 ° Article L. 114-1 is amended as follows:

a) The first paragraph is replaced by two paragraphs thus worded:

“Every disabled person has the right to solidarity from the whole of the national community, which guarantees him, by virtue of this obligation, access to the fundamental rights recognized to all citizens as well as the full exercise of his citizenship.

“The State guarantees equal treatment for people with disabilities across the country and defines multi-year action objectives. “;

b) The second paragraph is deleted;

3 ° The second paragraph of Article L. 114-2 reads as follows:

“To this end, the action pursued aims to ensure access for children, adolescents or adults with disabilities to institutions open to the entire population and their maintenance in an ordinary educational framework, of work and life. It guarantees the accompaniment and support of families and relatives of people with disabilities. ”

II. – 1. The first three paragraphs of I of article 1 of law n ° 2002-303 of March 4, 2002 relating to patients’ rights and the quality of the health system become article L. 114-5 of the code. social action and families.

2. The provisions of article L. 114-5 of the code of social action and families as it results from 1 of this II are applicable to the proceedings in progress on the date of entry into force of the law. n ° 2002-303 of March 4, 2002, cited above, with the exception of those where it has been irrevocably ruled on the principle of compensation.

III. – The provisions of a of 2 ° of I and II of this article are applicable to Mayotte and in the French Southern and Antarctic Territories.

IV. – Book V of the Code of Social Action and Families is thus amended:

1 ° Before Chapter I of Title IV, a preliminary chapter is inserted as follows:

“Preliminary chapter

” General principles

“Art. L. 540-1. – The first paragraph of article L. 114-1, article L. 114-5 and the fourth paragraph of article L. 146-1 are applicable to Mayotte. “;

2 ° It is supplemented by a Title VIII worded as follows:

“TITLE VIII

FRENCH SOUTHERN AND ANTARCTIC LANDS

“Unique chapter

” General principles

“Art. L. 581-1. – The first paragraph of article L. 114-1, article L. 114-5 and the fourth paragraph of article L. 146-1 are applicable in the French Southern and Antarctic Lands. “

Article 3

After article L. 114-2 of the code of social action and families, an article L. 114-2-1 is inserted as follows:

“Art. L. 114-2-1. – The Government organizes every three years, as from January 1, 2006, a national conference of the handicap to which it invites in particular the associations representing disabled people, the representatives of the organizations managing the establishments or the social and medico-social services welcoming people. persons with disabilities, representatives of social security departments and bodies, representative trade unions and employers’ organizations and qualified bodies, in order to discuss the orientations and means of policy concerning people with disabilities.

“At the end of the work of the national conference on disability, the Government submits to the office of the parliamentary assemblies, after having obtained the opinion of the National Consultative Council of the Disabled, a report on the implementation of the national policy in in favor of people with disabilities, focusing in particular on actions to prevent impairments, provide accessibility, integration, maintenance and promotion in employment, respect for the principle of non-discrimination and the development of their living conditions. This report may give rise to a debate in the National Assembly and the Senate. ”

TITLE II

PREVENTION, RESEARCH AND ACCESS TO CARE

Article 4

Article L. 114-3 of the code of social action and families reads as follows:

“Art. L. 114-3. – Without prejudice to the provisions relating to prevention and screening provided for in particular by the public health code, the education code and the labor code, the State, local authorities and social protection organizations implementing policies for the prevention, reduction and compensation of handicaps and the means necessary for their achievement which aim to create collective conditions for limiting the causes of handicap, preventing additional handicaps, developing the capacities of the person disabled and the search for the best possible autonomy.

“The policy of preventing, reducing and compensating for handicaps is based on multidisciplinary research programs.

“The disability prevention policy includes in particular:

“ a) Actions aimed directly at people with disabilities;

“B) Actions aimed at informing, training, accompanying and supporting families and caregivers;

“(C) Actions aimed at promoting the development of mutual aid groups;

“D) Training and support actions for professionals;

“(E) Public information and awareness actions;

“F) Preventive actions concerning the mistreatment of disabled people;

“G) Actions making it possible to establish concrete bonds of citizenship;

“H) Specific psychological support actions offered to the family when the disability is announced, regardless of the disability;

“I) Educational actions in schools and workplaces as well as in all reception, care and support places, according to the needs of the people received;

“J) Actions to improve the living environment taking into account all the environments, products and services intended for disabled people and implementing design rules designed to apply universally.

“These research actions and programs may be proposed by the National Advisory Council for People with Disabilities mentioned in article L. 146-1 or by one or more departmental advisory councils for people with disabilities mentioned in Article L. 146-2 when these actions or programs are confined to one or more departments. ”

Article 5

Article L. 3322-2 of the Public Health Code is supplemented by a paragraph worded as follows:

“All packaging units for alcoholic beverages carry, under the conditions set by order of the Minister responsible for health, a message of health policy advocating the absence of alcohol consumption by pregnant women. ”

Article 6

After article L. 114-3 of the code of social action and families, an article L. 114-3-1 is inserted as follows:

“Art. L. 114-3-1. – Research on disability is the subject of multidisciplinary programs associating in particular higher education establishments, research organizations and professionals.

“It aims in particular to identify people affected by a disability and the pathologies that are at the origin, to define the cause of the disability or disabling disorder, to improve the support of the people concerned on the medical, social, therapeutic level , educational or pedagogical, to improve their daily life and develop actions to reduce disability and prevent risks.

“A national observatory on training, research and innovation on disability has been created. It draws up a report submitted to the minister responsible for disabled people, to the scientific council of the National Solidarity Fund for Autonomy and to the National Advisory Council for Disabled People every three years.

“This observatory, whose composition set by decree includes associations representing people with disabilities and their families, is responsible for deciding on the coordination of policies for the prevention and screening of health problems provided for by the public health code, by the education code and by the labor code with the disability prevention policy.

“It may be referred to by the National Consultative Council for People with Disabilities or by a departmental consultative council for people with disabilities mentioned in Article L. 146-2. ”

Article 7

After article L. 1110-1 of the public health code, an article L. 1110-1-1 is inserted as follows:

“Art. L. 1110-1-1. – Health professionals and the medico-social sector receive, during their initial and continuing training, specific training concerning the development of knowledge relating to pathologies at the origin of disabilities and therapeutic, technological, pedagogical, educational innovations and social matters concerning them, the reception and support of disabled people, as well as the announcement of the disability. ”

Article 8

I. – The third paragraph of Article L. 1411-2 of the Public Health Code is supplemented by a sentence worded as follows:

“It specifies the specific means to be implemented, if necessary, to enable people with disabilities to fully benefit from action plans. ”

II. – Article L. 1411-6 of the same code is supplemented by two paragraphs worded as follows:

“Disabled people benefit from specific additional preventive medical consultations. They receive medical expertise there which enables them to ensure that they benefit from the development of therapeutic and technological innovations for the reduction of their disability. The frequency and form of the consultations are defined by order of the Minister responsible for health.

“The expert medical teams responsible for these consultations can be consulted by the multidisciplinary teams mentioned in Article L. 146-8 of the Code of Social Action and Families, as part of the development of the personalized compensation plans provided for. in article L. 114-1-1 of the same code. ”

Article 9

After article L. 1111-6 of the public health code, an article L. 1111-6-1 is inserted as follows:

“Art. L. 1111-6-1. – A person who is permanently prevented, because of functional limitations of the upper limbs in connection with a physical handicap, from performing himself / herself actions related to the care prescribed by a doctor, can appoint, to promote his / her autonomy, a natural caregiver or of his choice to achieve them.

“The disabled person and the designated persons receive in advance, from a health professional, appropriate education and training enabling them to acquire the knowledge and the capacity necessary for the practice of each of the actions for the disabled person concerned. . When it comes to nursing procedures, this education and learning is provided by a doctor or nurse.

“The conditions of application of this article are defined, where applicable, by decree. ”

Article 10

The fourth paragraph of Article L. 122-26 of the Labor Code is supplemented by a sentence worded as follows:

“When the delivery occurs more than six weeks before the expected date and requires the postnatal hospitalization of the child, the period of suspension of the employment contract provided for in the preceding paragraphs is extended by the number of days between the effective date of birth and the expected date, in order to allow the employee to participate, whenever possible, in the care of her child and to benefit from health education actions in preparation for returning home. ”

TITLE III

COMPENSATION AND RESOURCES

Chapter I

Compensation for the consequences of disability

 

 

Article 11

After article L. 114-1 of the code of social action and families, an article L. 114-1-1 is inserted as follows:

“Art. L. 114-1-1. – Disabled people have the right to compensation for the consequences of their disability regardless of the origin and nature of their impairment, their age or their lifestyle.

access to procedures and institutions specific to disability or to the means and services accompanying the implementation of legal protection governed by Title XI of Book I of the Civil Code. These adapted responses take into account the reception and support necessary for people with disabilities who cannot express their needs on their own.

“Compensation needs are included in a plan drawn up in consideration of the needs and aspirations of the disabled person as expressed in his life project, formulated by the person himself or, failing that, with or for him. by its legal representative when it cannot express its opinion. ”

Article 12

I. – Chapter V of Title IV of Book II of the Code of Social Action and Families is worded as follows:

“Chapter V

“Compensation benefit

“Art. L. 245-1. – I. – Any disabled person residing in a stable and regular manner in metropolitan France, in the departments mentioned in article L. 751-1 of the social security code or in Saint-Pierre-et-Miquelon, having exceeded the age of entitlement to the education allowance for a disabled child provided for in Article L. 541-1 of the same code, whose age is less than a limit set by decree and whose disability meets criteria defined by decree taking into account in particular the nature and importance of the compensation needs with regard to his life plan, is entitled to a compensation benefit which has the character of a benefit in kind which can be paid, according to the choice of beneficiary, in kind or in cash.

“When the beneficiary of the compensation benefit has an open right of the same nature under a social security scheme, the sums paid in this respect are deducted from the amount of the compensation benefit under conditions set by decree. .

“A Council of State decree specifies the residence condition mentioned in the first paragraph.

“II. – The following may also claim the benefit of this benefit:

“1 ° People of an age greater than the limit mentioned in I but whose disability met, before this age limit, the criteria mentioned in said I, subject to requesting this benefit before an age set by decree;

“2 ° People of an age greater than the limit mentioned in I but who exercise a professional activity beyond this age and whose disability meets the criteria mentioned in said I.

“ III. – Beneficiaries of the allowance provided for in article L. 541-1 may also claim the benefit of the element of the service mentioned in 3 ° of article L. 245-3, under conditions fixed by decree. of the social security code, when they are exposed, due to the disability of their child, to charges falling under the aforementioned 3 °. These charges cannot then be taken into account for the allocation of the additional allowance mentioned above.

“Art. L. 245-2. – The compensation service is granted by the commission mentioned in article L. 146-9 and provided by the department, under identical conditions throughout the national territory.

“The examination of the request for a compensation service includes the assessment of the applicant’s compensation needs and the establishment of a personalized compensation plan carried out by the multidisciplinary team under the conditions provided for in Article L. 146- 8.

“However, in the event of a proven emergency, the chairman of the general council may award the compensation service provisionally and for an amount fixed by decree. He has two months to regularize this decision, in accordance with the provisions of the two preceding paragraphs.

“Decisions relating to the allocation of the service by the commission mentioned in article L. 146-9 may be the subject of an appeal before the technical litigation court of social security. The decisions of the chairman of the general council relating to the payment of the service may be the subject of an appeal before the departmental committees mentioned in article L. 134-6, under the conditions and according to the modalities provided for in articles L. 134 -1 to L. 134-10.

“Art. L. 245-3. – The compensation benefit may be allocated, under conditions defined by decree, to charges:

“1 ° Related to a need for human assistance, including, where applicable, those provided by family carers;

“2 ° Related to a need for technical aids, in particular to the costs payable by the insured when these technical aids fall under the services provided for in 1 ° of article L. 321-1 of the social security code;

“3 ° Related to the accommodation and the vehicle of the disabled person, as well as any additional costs resulting from his transport;

“4 ° Specific or exceptional, such as those relating to the acquisition or maintenance of disability-related products;

“5 ° Related to the allocation and maintenance of animal helpers. As of January 1, 2006, the charges corresponding to a guide dog for the blind or an assistance dog are only taken into account in the calculation of the service if the dog has been educated in a certified structure and by educators. qualified according to conditions defined by decree. Dogs handed over to disabled people before this date are presumed to meet these conditions.

“Art. L. 245-4. – The element of the service falling under 1 ° of Article L. 245-3 is granted to any disabled person either when their condition requires the effective help of a third person for essential acts of life or requires regular supervision, or when the exercise of a professional activity or an elective function imposes additional costs on him.

“The amount allocated to the disabled person is assessed according to the number of hours of presence required by their situation and set in full-time equivalent, taking into account the real cost of remuneration of human assistants in application of labor legislation and of the collective agreement in force.

“Art. L. 245-5. – The service of the compensation service may be suspended or interrupted when it is established, with regard to the personalized compensation plan and under conditions set by decree, that the beneficiary has not devoted this service to the compensation of charges for which it was attributed to him. It is up to the debtor of the service, where applicable, to bring an action for recovery of the sums unduly used.

“Art. L. 245-6. – The compensation service is granted on the basis of tariffs and amounts fixed by type of expenditure, within the limit of coverage rates which may vary according to the resources of the beneficiary. The aforementioned rates and coverage rates, as well as the maximum amount for each item mentioned in Article L. 245-3, are determined by regulation. The terms and duration of allocation of this service are defined by decree.

“The following are excluded from the resources retained for the determination of the coverage rate mentioned in the previous paragraph:

” – the professional activity income of the person concerned;

“- temporary indemnities, benefits and life annuities provided to victims of work accidents or to their beneficiaries mentioned in 8 ° of article 81 of the general tax code;

“- replacement income, the list of which is fixed by regulation;

“- the income from activity of the spouse, cohabiting partner, the person with whom the interested party has concluded a civil solidarity pact, the family carer who, living at the interested party’s home, provides effective assistance. , of his parents even when the person concerned is domiciled with them;

“- life annuities mentioned in 2 ° of I of article 199 septies of the general tax code, when they have been constituted by the disabled person for himself or, in his favor, by his parents or his legal representative , his grandparents, his brothers and sisters or his children;

“- certain social benefits with a specialized purpose, the list of which is fixed by regulation.

“Art. L. 245-7. – The allocation of the compensation service is not subject to the implementation of the maintenance obligation defined by articles 205 to 211 of the civil code.

“There is no recourse for recovery of this service either against the estate of the deceased beneficiary, nor against the legatee or the donee.

“The sums paid for this benefit are not subject to recovery against the beneficiary when the latter has returned to a better fortune.

“The compensation benefit is not taken into account for the calculation of alimony or the amount of a debt calculated according to resources.

“Art. L. 245-8. – The compensation service is non-transferable insofar as it is paid directly to the beneficiary and cannot be seized, except for the payment of the compensation costs of the disabled person falling under 1 ° of article L. 245-3. In the event of non-payment of these costs, the natural or legal person or the body responsible for them may obtain from the Chairman of the General Council that the element of the service falling under 1 ° of Article L. 245- 3 be paid directly to him.

“The action of the beneficiary for the payment of the benefit lapses after two years. This prescription is also applicable to the action brought by the president of the general council for recovery of services unduly paid, except in the event of fraud or false declaration.

“The supervision of social benefits provided for in Articles L. 167-1 to L. 167-5 of the Social Security Code also applies to the compensation benefit.

“Art. L. 245-9. – Anyone who has obtained the benefit of a compensation benefit before the age mentioned in article L. 245-1 and who fulfills the conditions provided for in article L. 232-1 may choose, when they reach this age and at each renewal of the granting of this benefit, between maintaining it and benefiting from the personalized autonomy allowance.

“When the person who reaches this age does not express any choice, it is presumed that he wishes to continue to benefit from the compensation benefit.

“Art. L. 245-10. – The provisions of Article L. 134-3 are applicable to expenses resulting from the payment of the service provided for in Article L. 245-1.

“Art. L. 245-11. – Disabled people accommodated or accompanied in a social or medico-social establishment or hospitalized in a health establishment are entitled to the compensation benefit. A decree fixes the conditions of its attribution and specifies, if necessary, according to the situation of the interested party, the reduction which can be applied to him during the duration of the hospitalization, the accompaniment or the accommodation, or the terms of its suspension.

“Art. L. 245-12. – The element mentioned in 1 ° of Article L. 245-3 may be used, depending on the choice of the disabled person, to directly remunerate one or more employees, in particular a family member under the conditions provided for in the second paragraph of this article, or to remunerate a service providing home help approved under the conditions provided for in Article L. 129-1 of the Labor Code, as well as to compensate a family carer who has no subordination with the disabled person within the meaning of Chapter I of Title II of Book I of the Labor Code.

“A disabled person fulfilling the conditions set by decree may employ one or more members of his family, including his spouse, his partner or the person with whom he has concluded a civil solidarity pact under conditions set by decree.

“When choosing to directly remunerate one or more employees, the disabled person may appoint an authorized representative body under the conditions provided for in Article L. 129-1 of the Labor Code or a municipal social action center as representative of the element mentioned in 1 ° of article L. 245-3 of this code. The approved body ensures, on behalf of the beneficiary, the completion of administrative formalities and social declarations related to the employment of its home helpers.

“Art. L. 245-13. – The compensation benefit is paid monthly.

“However, when the decision granting the compensation service gives entitlement to the benefit of the elements mentioned in 2 °, 3 °, 4 ° and 5 ° of Article L. 245-3, it may specify, at the request of the disabled person or their legal representative, that these elements will give rise to one or more ad hoc payments.

“These one-off payments are made on the initiative of the disabled person or their legal representative. A decree sets the conditions under which requests for one-off payments subsequent to the allocation decision referred to in the previous paragraph are subject to a simplified examination.

“Art. L. 245-14. – Unless otherwise provided, the terms of application of this chapter are determined by decree of the Council of State. ”

II. – The ninth paragraph (3 °) of article L. 131-2 of the same code is repealed.

III. – In Article L. 232-23 of the same code, the words: “the compensatory allowance” are replaced by the words: “the compensation service”.

IV. – After the 9 ° bis of article 81 of the general tax code, a 9 ° ter is inserted as follows:

“9 ° ter The compensation benefit provided by virtue of the provisions of article L. 245-1 of code of social action and families; “.

Article 13

Within three years from the entry into force of this law, the compensation benefit will be extended to disabled children. Within a maximum period of five years, the provisions of this law making a distinction between people with disabilities based on age criteria in terms of disability compensation and covering the costs of accommodation in social and medical establishments. social will be deleted.

Article 14

The second paragraph of c of I of article L. 241-10 of the social security code reads as follows:

“- either of the element of the compensation benefit mentioned in 1 ° of article L. 245- 3 of the code of social action and families; “.

Article 15

Article 272 of the Civil Code is supplemented by a paragraph worded as follows:

“In determining the needs and resources, the judge does not take into account the sums paid for compensation for industrial accidents and the sums paid for the right to compensation for a disability. ”

Chapter II

Resources of people with disabilities

 

 

Article 16

I. – Title II of Book VIII of the Social Security Code is thus amended:

1 ° Article L. 821-1 is thus amended:

a) The first paragraph is replaced by three paragraphs thus worded:

“Any person residing in metropolitan territory or in the departments mentioned in article L. 751-1 or in Saint-Pierre-et-Miquelon having exceeded the age of entitlement to the allowance provided for in article L. 541- 1 and whose permanent incapacity is at least equal to a percentage fixed by decree, receives, under the conditions provided for in this title, an allowance for disabled adults.

“Persons of foreign nationality, other than nationals of Member States of the European Union or parties to the agreement on the European Economic Area, can only benefit from the allowance for disabled adults if they are in a regular situation with regard to of the legislation on residence or if they hold a receipt for requesting renewal of a residence permit. A decree establishes the list of titles or documents attesting to the regularity of their situation.

“The right to the allowance for disabled adults is open when the person cannot claim, under a social security scheme, a retirement pension scheme or specific legislation, an old-age benefit or disability, excluding the increase for constant assistance from a third party referred to in Article L. 355-1, or an accident at work pension, excluding the increase for personal assistance. ” a third party mentioned in article L. 434-2, in an amount at least equal to this allowance. “;

b) In the fourth paragraph, the words: “under the conditions provided for in the first paragraph above,” are deleted and the words: “The sums overpaid in this respect are the subject of a repayment by the beneficiary” are replaced. by the words: “For the recovery of sums overpaid in this respect, the organizations referred to in Article L. 821-7 are subrogated in the rights of beneficiaries vis-à-vis the organizations paying old age or retirement benefits. invalidity ”;

c) The fifth paragraph reads as follows:

“When the allowance for disabled adults is paid in addition to the guaranteed remuneration referred to in Article L. 243-4 of the Social Action and Families Code, the accumulation of this benefit with the guaranteed remuneration mentioned above is limited to amounts set by decree which vary in particular depending on whether the beneficiary is married or living in a conjugal relationship or is bound by a civil solidarity pact and has one or more dependents. These amounts vary according to the minimum growth wage provided for in Article L. 141-4 of the Labor Code. “;

2 ° Article L. 821-1-1 reads as follows:

“Art. L. 821-1-1. – A guarantee of resources for disabled people is established, consisting of the allowance for disabled adults and additional resources. The amount of this guarantee is fixed by decree.

“The additional resources are paid to beneficiaries of the allowance for disabled adults under article L. 821-1:

” – including the working capacity, assessed by the committee mentioned in article L. 146-9 of the code of social action and families, is, taking into account their handicap, lower than a percentage fixed by decree;

“- who have not received income from their own professional activity for a period fixed by decree;

“- who have independent accommodation;

“- who receive the allowance for disabled adults at the full rate or in addition to an old age or disability benefit or a work accident pension.

“The payment of additional resources for disabled people ends at the age at which the beneficiary is deemed unfit for work under the conditions provided for in the fifth paragraph of article L. 821-1.

“Any resumption of professional activity entails the end of the payment of additional resources.

“A decree in the Council of State specifies the conditions under which the additional resources are paid to interested persons accommodated in a social or medico-social establishment, hospitalized in a health establishment or incarcerated in an establishment falling under the”

“The provisions of Article L. 821-5 are applicable to additional resources. “;

3 ° After article L. 821-1-1, an article L. 821-1-2 is inserted as follows:

“Art. L. 821-1-2. – An increase for independent living, the amount of which is fixed by decree, is paid to beneficiaries of the allowance for disabled adults under Article L. 821-1 who:

“- have independent accommodation for which they receive personal housing assistance;

“- receive the allowance for disabled adults at full rate or in addition to an old age or disability benefit or a work accident pension;

“- do not receive income from activity of a professional nature.

“A decree in the Council of State specifies the conditions under which the increase for independent living is paid to interested persons accommodated in a social or medico-social establishment, hospitalized in a health establishment or incarcerated in an establishment under the penitentiary administration .

“The supplement for independent living cannot be combined with the income guarantee for disabled people referred to in article L. 821-1-1. The beneficiary who meets the conditions for the granting of these two advantages chooses to benefit from one or the other.

“The provisions of article L. 821-5 are applicable to the supplement for independent living. “;

4 ° Article L. 821-2 is amended as follows:

a) In the first paragraph, the words: “technical committee for professional guidance and reclassification provided for in article L. 323-11 of the labor code” are replaced by the words: “commission mentioned in article L. 146 -9 of the code of social action and families “and the words:” but who is “are replaced by the words:” when she has not held a job for a period fixed by decree and she is ” ;

b) The second paragraph is deleted;

c) In the last paragraph, the word: “third” is replaced by the word: “fifth”;

5 ° Articles L. 821-3 and L. 821-4 are worded as follows:

“Art. L. 821-3. – The allowance for disabled adults can be combined with the personal resources of the person concerned and, if applicable, of his or her spouse, partner or partner of a civil solidarity pact within the limit of a ceiling set by decree, which varies according to whether he is married, cohabiting or partner in a civil solidarity pact and has one or more dependents.

“The remuneration of the interested party drawn from a professional activity in an ordinary working environment is partly excluded from the amount of resources used for the calculation of the allowance according to the terms set by decree.

“Art. L. 821-4. – The allowance for disabled adults is granted, for a period determined by decree of the Council of State, by decision of the commission mentioned in article L. 146-9 of the code of social action and families assessing the level incapacity of the disabled person as well as, for the persons mentioned in article L. 821-2 of this code, their inability, given their disability, to obtain a job.

“The additional resources mentioned in Article L. 821-1-1 are granted, for a period determined by decree of the Council of State, by decision of the committee mentioned in the first paragraph which assesses the degree of incapacity and the working capacity of the person concerned.

“The supplement for independent living mentioned in article L. 821-1-2 is granted, for a period determined by decree of the Council of State, by decision of the same committee. “;

6 ° Article L. 821-5 is amended as follows:

a) At the end of the second sentence of the first paragraph, the words: “of the disabled” are replaced by the words: “of the disabled person”;

b) In the sixth paragraph, the words: “of this article and of articles L. 821-1 to L. 821-3” are replaced by the words: “of this title”;

c) In the last paragraph, the words: “and its complement” are replaced by the words: “, the additional resources and the supplement for independent living”;

7 ° Article L. 821-6 is amended as follows:

a) In the first paragraph, the words: “to handicapped persons accommodated at the total or partial cost of social assistance or hospitalized in a care establishment, or detained” are replaced by the words: “to handicapped persons accommodated in a social establishment or medico-social or hospitalized in a health establishment, or detained ”, and the words:“ suspended, totally or partially, ”are replaced by the word:“ reduced ”;

b) The second paragraph is deleted;

8 ° After article L. 821-7, an article L. 821-7-1 is inserted as follows:

“Art. L. 821-7-1. – The allocation provided for by this title may be the subject of an advance on the part of the managing body on supposed rights if, at the end of the payment period, the commission mentioned in article L. 146-9 of the Social Action and Families Code has not ruled on the merits of the renewal request. “;

9 ° Article L. 821-9 is repealed;

10 ° In the first and second paragraphs of Article L. 821-7, the words: “and its complement” are replaced by the words: “, the additional resources and the supplement for independent living”.

II. – In the first paragraph of Article L. 244-1 of the Code of Social Action and Families, the words: “and L. 821-7” are replaced by the references: “,

Article 17

Articles L. 243-4 to L. 243-6 of the Social Action and Families Code are worded as follows:

“Art. L. 243-4. – Any disabled worker accommodated in an establishment or service falling under a of 5 ° of I of article L. 312-1 benefits from the support and assistance contract through work mentioned in article L. 311-4 and is entitled to guaranteed remuneration paid by the establishment or the work assistance service which hosts him and which takes into account the full-time or part-time nature of the activity he carries out. It is paid upon admission to the trial period of the disabled worker, subject to the conclusion of the contract for support and assistance through work.

“Its amount is determined by reference to the minimum growth wage, under conditions and within limits set by regulation.

“In order to help finance the guaranteed remuneration mentioned in the first paragraph, the establishment or the work assistance service receives, for each disabled person that it receives, post assistance financed by the State.

“Job assistance varies under conditions set by regulation, depending on the part of the remuneration financed by the establishment or the work assistance service and the full-time or part-time nature of the activity. exercised by the disabled person. The terms of allocation of job assistance as well as the level of participation of the establishment or the work assistance service in the remuneration of disabled workers are determined by regulation.

“Art. L. 243-5. – The guaranteed remuneration mentioned in article L. 243-4 does not constitute a salary within the meaning of the labor code. On the other hand, it is considered as remuneration for work for the application of Article L. 242-1 of the Social Security Code, and the provisions relating to the basis of contributions to the agricultural social insurance scheme and the contributions paid. for supplementary pensions. These contributions are calculated on the basis of a fixed or actual base under conditions defined by regulation.

“Art. L. 243-6. – The State ensures to the organizations managing the establishments and services of assistance by the work, under conditions fixed by decree, the total compensation of the expenses and the contributions relating to the part of the guaranteed remuneration equal to the assistance to the mentioned post. in Article L. 243-4. ”

Article 18

I. – In the first sentence of the last paragraph (2 °) of article L. 344-5 of the code of social action and families, after the words: “his spouse, his children”, are inserted the words : ” , his parents “.

II. – The first sentence of the last paragraph (2 °) of the same article is completed by the words: “neither on the legatee, nor on the donee”.

III. – The first paragraph of the same article reads as follows:

“Accommodation and maintenance costs for disabled people, regardless of their age, in the establishments mentioned in b of 5 ° and in 7 ° of I of article L. 312-1, with the exception of those accommodated in establishments falling under article L. 344-1, are payable by: ”.

IV. – The last sentence of 1 ° of the same article is completed by the words: “as well as capitalized interest produced by the funds placed on the contracts referred to in 2 ° of I of article 199 septies of the same code”.

V. – After the same article, an article L. 344-5-1 is inserted as follows:

“Art. L. 344-5-1. – Any disabled person who has been accommodated in one of the establishments or services mentioned in 7 ° of I of article L. 312-1 benefits from the provisions of article L. 344-5 when accommodated in one of the establishments and services mentioned in 6 ° of I of article L. 312-1 of this code and in 2 ° of article L. 6111-2 of the public health code.

“The provisions of article L. 344-5 of this code also apply to any disabled person accommodated in one of the establishments and services mentioned in 6 ° of I of article L. 312-l of this code. and in 2 ° of article L. 6111-2 of the public health code, and whose incapacity is at least equal to a percentage fixed by decree. ”

VI. – The provisions of Article L. 344-5-1 of the Social Action and Families Code apply to disabled people admitted, on the date of publication of this law, in one of the establishments or services mentioned in 6 ° of I of article L. 312-1 of the same code or in 2 ° of article L. 6111-2 of the public health code, provided that they meet the conditions set by said article .

TITLE IV

ACCESSIBILITY

Chapter I

Education, higher education

and vocational education

Article 19

I. – In the fourth paragraph of Article L. 111-1 of the Education Code, after the words: “in difficulty”, are inserted the words: “, whatever the origin, in particular of health, ”.

II. – In the third paragraph of article L. 111-2 of the same code, after the words: “according to his aptitudes”, are inserted the words: “and of his particular needs”.

III. – Articles L. 112-1 and L. 112-2 of the same code are worded as follows:

“Art. L. 112-1. – To meet its obligations under Articles L. 111-1 and L. 111-2, the public education service provides school, vocational or higher training for children, adolescents and adults with a disability or a disabling health disorder. In its areas of competence, the State puts in place the financial and human resources necessary for the ordinary education of children, adolescents or adults with disabilities.

“Any child, any adolescent with a disability or an invalidating health disorder is enrolled in the school or in one of the establishments mentioned in Article L. 351-1, the closest to his home, which constitutes his benchmark institution.

“As part of his personalized project, if his needs require that he receive his training within appropriate systems, he can be enrolled in another school or another establishment mentioned in Article L. 351-1 by the competent administrative authority, on the proposal of its reference establishment and with the agreement of its parents or legal representative. This registration does not exclude his return to the reference establishment.

Likewise, children and adolescents accommodated in one of the establishments or services mentioned in 2 ° of I of Article L. 312-1 of the Code of Social Action and Families or in one of the establishments mentioned in Book I of Part Six of the Public Health Code may be enrolled in a school or in one of the establishments mentioned in Article L. 351-1 of this code other than their reference establishment, close to the establishment where they are accommodated. The conditions allowing this registration and attendance are fixed by agreement between the academic authorities and the health or medico-social establishment.

“If necessary, adapted distance learning methods are offered to them by an establishment under the supervision of the Ministry of National Education.

“This training is undertaken before the age of compulsory schooling, if the family requests it.

“It is supplemented, as necessary, by pedagogical, psychological, educational, social, medical and paramedical actions coordinated within the framework of a personalized project provided for in article L. 112-2.

“When regular schooling has been decided by the commission mentioned in article L. 146-9 of the code of social action and families but the conditions of access to the reference establishment make it impossible , the additional costs attributable to the transport of the disabled child or adolescent to a more distant establishment are the responsibility of the competent local authority for the accessibility of the premises. This provision does not preclude the application of Article L. 242-11 of the same code when the inaccessibility of the reference establishment is not the cause of the transport costs.

“Art. L. 112-2. – In order to ensure a suitable training course, each disabled child, adolescent or adult has the right to an assessment of their skills, their needs and the measures implemented within the framework of this course, at intervals adapted to their needs. situation. This evaluation is carried out by the multidisciplinary team mentioned in article L. 146-8 of the code of social action and families. The parents or the legal representative of the child are obligatorily invited to speak on this occasion.

“Depending on the results of the assessment, each disabled child, adolescent or adult, as well as their family, is offered a training course which is the subject of a personalized schooling plan with the necessary adjustments. promoting, whenever possible, training in mainstream schools. The personalized schooling plan constitutes an element of the compensation plan referred to in Article L. 146-8 of the Code of Social Action and Families. It proposes the modalities of the course of the schooling coordinated with the measures allowing the accompaniment of this one appearing in the compensation plan. ”

IV. – After article L. 112-2 of the same code, an article L. 112-2-1 is inserted as follows:

“Art. L. 112-2-1. – Schooling monitoring teams are created in each department. They ensure the follow-up of the decisions of the Committee on the Rights and Autonomy of People with Disabilities, taken under 2 ° of I of Article L. 241-6 of the Code of Social Action and Families.

“These teams include all the people who contribute to the implementation of the personalized schooling project and in particular the teacher (s) in charge of the child or adolescent.

“They can, with the agreement of his parents or his legal representative, propose to the committee mentioned in article L. 241-5 of the code of social action and families any revision of the orientation of a child or adolescent they would find it useful. ”

V. – 1. After article L. 112-2 of the same code, an article L. 112-2-2 is inserted as follows:

“Art. L. 112-2-2. – In the education and school career of young deaf people, the freedom of choice between bilingual communication, sign language and French language, and communication in French is a right. A decree in the Council of State fixes, on the one hand, the conditions for exercising this choice for young deaf people and their families, on the other hand, the measures to be taken by the establishments and services where education is provided. deaf youth to ensure the application of this choice. »

2. Article 33 of Law No. 91-73 of January 18, 1991 laying down provisions relating to public health and social insurance is repealed.

VI. – Chapter II of Title I of Book I of the Education Code is supplemented by an article L. 112-4 as follows:

“Art. L. 112-4. – To guarantee equal opportunities between candidates, adjustments to the conditions for taking oral, written, practical tests or continuous assessment of examinations or competitive examinations for school and higher education, made necessary because of ‘a handicap or an invalidating health disorder, are provided for by decree. These arrangements may include, in particular, the granting of additional time and its taking into account in the conduct of the tests, the presence of an assistant, an adapted communication device, the provision of suitable equipment or the use of , by the candidate, of his personal equipment. ”

VII. – Chapter II of Title I of Book I of the same code is supplemented by an article L. 112-5 as follows:

“Art. L. 112-5. – Teachers and supervisory, reception, technical and service staff receive, during their initial and continuing training, specific training concerning the reception and education of pupils and students with disabilities and which includes, in particular, a information on the handicap as defined in article L. 114 of the code of social action and families and the various methods of educational support. ”

Article 20

I. – After article L. 123-4 of the education code, an article L. 123-4-1 is inserted as follows:

“Art. L. 123-4-1. – Higher education institutions enroll students with disabilities or with an invalidating health disorder, within the framework of the provisions regulating their access in the same way as other students, and provide their training by implementing the necessary arrangements for their situation in the organization, conduct and support of their studies. ”

II. – The sixth paragraph of Article L. 916-1 of the same code reads as follows:

“By way of derogation from the first paragraph, educational assistants may be recruited by the State to exercise functions of assistance in the reception and integration of disabled students under the conditions provided for in Article L. 351- 3, as well as to perform support functions for disabled students enrolled in higher education establishments mentioned in Titles I, II, IV and V of Book VII of this Code and for which assistance has been recognized as necessary by the commission mentioned in article L. 146-9 of the code of social action and families. ”

Article 21

I. – The title of Chapter I of Title V of Book III of the Education Code reads as follows: “Schooling”.

II. – Article L. 351-1 of the same code is worded as follows:

“Art. L. 351-1. – Children and adolescents with a disability or disabling health disorder are educated in nursery and elementary schools and the establishments referred to in Articles L. 213-2, L. 214-6, L. 422-1, L. 422- 2 and L. 442-1 of this code and in articles L. 811-8 and L. 813-1 of the rural code, if necessary within adapted systems, when this mode of schooling meets the needs of the pupils. Parents are closely involved in the orientation decision and can be helped by a person of their choice. The decision is taken by the commission mentioned in article L. 146-9 of the code of social action and families, in agreement with the parents or the legal representative. Otherwise, the conciliation and appeal procedures provided for in Articles L. 146-10 and L. 241-9 of the same code apply. In all cases and when their needs justify it, the pupils benefit from the necessary additional assistance and support.

“Teaching is also provided by qualified staff reporting to the ministry responsible for education when the situation of a child or adolescent with a disability or disabling health disorder requires a stay in a health establishment or a medico-social establishment. These staff are either public teachers made available to these establishments under the conditions provided for by decree, or private teachers under a contract between the establishment and the State under the conditions provided for by title IV of book IV.

“A decree in the Council of State sets the conditions under which teachers working in public establishments under the ministry responsible for disabled people or holders of diplomas issued by the latter also provide this education. ”

III. – Article L. 351-2 of the same code is amended as follows:

1 ° The first paragraph is worded as follows:

“The commission mentioned in article L. 146-9 of the code of social action and families designates the establishments or services or, exceptionally, the establishment or service corresponding to the needs of the child or adolescent able to accommodate him. “;

2 ° In the third paragraph, the words: “providing special education” are deleted;

3 ° In the second paragraph, the words: “special education establishments” are replaced by the words: “establishments or services mentioned in 2 ° and 12 ° of I of Article L. 312-1 of the Code of social action and families ”.

IV. – Article L. 351-3 of the same code is thus amended:

1 ° In the first paragraph, the words: “the departmental commission for special education” are replaced by the words: “the commission mentioned in article L 146-9 of the code of social action and families ”;

2 ° In the same paragraph, after the reference: “L. 351-1”, the words: “of this code” are inserted;

3 ° The second paragraph is completed by two sentences worded as follows:

“If the individual help needed by the disabled child does not include educational support, these assistants can be recruited without qualification requirements. They receive appropriate training. “;

4 ° The third paragraph reads as follows:

“They perform their duties with students for whom assistance has been recognized as necessary by decision of the committee mentioned in Article L. 146-9 of the Code of Social Action and Families . Their employment contract specifies the names of the schools and educational establishments in which they are likely to exercise their functions. ”

Article 22

Article L. 312-15 of the Education Code is supplemented by two paragraphs worded as follows:

“Civic education teaching also includes, at primary school and college, training devoted to knowledge and skills. respect for the problems of people with disabilities and their integration into society.

“Schools partner with centers welcoming people with disabilities in order to promote exchanges and meetings with students. ”

Chapter II

Employment, adapted work and protected work

Section 1

Principle of non-discrimination

Article 23

Article L. 122-24-4 of the Labor Code is amended as follows:

1 ° After the word: “transfers”, the end of the first paragraph reads as follows: “, transformation of workstations or organization of working time . “;

2 ° After the first paragraph, a paragraph worded as follows is inserted:

“The employee’s employment contract may be suspended to allow him to follow a professional reclassification internship. ”

Article 24

I. – At the end of the first paragraph of Article L. 122-45 of the Labor Code, the words: “, except inability declared by the occupational physician under Title IV of Book II of this Code,” are deleted.

II. – After article L. 122-45-3 of the same code, an article L. 122-45-4 is inserted as follows:

“Art. L. 122-45-4. – The differences in treatment based on the incapacity observed by the occupational physician under Title IV of Book II because of the state of health or the handicap do not constitute discrimination when they are objective, necessary and appropriate .

“The appropriate measures for the benefit of people with disabilities aimed at promoting equal treatment provided for in Article L. 323-9-1 do not constitute discrimination.

III. – After article L. 122-45-3 of the same code, an article L. 122-45-5 is inserted as follows:

“Art. L. 122-45-5. – Associations regularly constituted for at least five years, working in the field of disability, may bring any legal action arising from articles L. 122-45 and L. 122-45-4, under the conditions provided for by article L. 122-45, in favor of a candidate for a job, an internship or a period of training in a company or an employee of the company, provided that they can be justified by a written agreement from the interested. The latter can always intervene in the body initiated by the association and put an end to it at any time. ”

IV. – After article L. 323-9 of the same code, an article L. 323-9-1 is inserted as follows:

“Art. L. 323-9-1. – In order to guarantee respect for the principle of equal treatment with regard to disabled workers mentioned in Article L. 323-3, employers take, depending on the needs in a concrete situation, the appropriate measures to enable employees to workers mentioned in 1 °, 2 °, 3 °, 4 °, 9 °, 10 ° and 11 ° of article L. 323-3 to access a job or keep a job corresponding to their qualification, ” exercise or progress in it or so that a training adapted to their needs is provided to them, provided that the costs resulting from the implementation of these measures are not disproportionate, taking into account the aids which can compensate in all or part of the expenses incurred in this respect by the employer.

“These aids may relate in particular to the adaptation of machines or tools, the fitting out of workstations, including the support and individual equipment necessary for disabled workers to occupy these positions, and access to workplaces. .

“The refusal to take appropriate measures within the meaning of the first paragraph may constitute discrimination within the meaning of Article L. 122-45-4. »

V. – After article L. 212-4-1 of the same code, an article L. 212-4-1-1 is inserted as follows:

“Art. L. 212-4-1-1. – Under the appropriate measures provided for in article L. 323-9-1, the disabled employees mentioned in 1 °, 2 °, 3 °, 4 °, 9 °, 10 ° and 11 ° of article L. 323-3 benefit, at their request, from individualized scheduling arrangements designed to facilitate their access to employment, their professional exercise or retention in their employment.

“Family carers and relatives of the disabled person benefit under the same conditions from individualized schedule arrangements to facilitate support for this disabled person. ”

Article 25

I. – Article L. 132-12 of the Labor Code is supplemented by two paragraphs worded as follows:

“The organizations mentioned in the first paragraph meet to negotiate, every three years, on measures aimed at professional integration and maintaining the employment of disabled workers. Negotiations relate in particular to the conditions of access to employment, to vocational training and promotion as well as to working conditions, job retention and employment.

“Negotiations on the professional integration and job retention of disabled workers take place on the basis of a report drawn up by the employer party presenting, for each sector of activity, the situation with regard to the obligation to employment of disabled workers provided for in section 1 of chapter III of title II of book III. ”

II. – Article L. 132-27 of the same code is supplemented by three paragraphs thus worded:

“In the companies mentioned in the first paragraph, the employer is also required to initiate, each year, negotiations on measures relating to the professional integration and job retention of disabled workers. The negotiations relate in particular to the conditions of access to employment, professional training and promotion, working and employment conditions as well as actions to raise awareness of disability for all company personnel. .

“Negotiations on the professional integration and job retention of disabled workers take place on the basis of a report drawn up by the employer presenting the situation in relation to the obligation to

“In the absence of an initiative from the employer for more than twelve months following the previous negotiation, the negotiation must be undertaken at the request of a representative trade union organization within the time limit set in article L. 132-28; the negotiation request formulated by the trade union organization is transmitted within eight days by the employer to the other representative organizations. When a collective agreement including such measures is signed in the company, the frequency of negotiation is increased to three years. ”

III. – After the word: “relative”, the end of 3 ° of article L. 133-5 of the same code reads as follows: “to diplomas and professional titles issued in the name of the State, provided that these diplomas and titles have been created for more than a year; “.

IV. – In 11 ° of article L. 133-5 of the same code, the words: “provided for in article L. 323-9” are replaced by the words: “provided for in article L. 323-1, as well as by measures to adapt positions or working hours, work organization and training actions aimed at remedying the de facto inequalities affecting these people ”.

V. – In 8 ° of article L. 136-2 of the same code, after the words: “or a race,” are inserted the words: “as well as measures taken in favor of the right to work of disabled people , “.

VI. – In III of article 12 of law n ° 2003-775 of August 21, 2003 on pension reform, the words: “to the penultimate” are replaced by the words: “to the seventh”.

Section 2

Professional integration and employment obligatio

Article 26

I. – Article L. 323-8-3 of the Labor Code is supplemented by three paragraphs worded as follows:

“It annually assesses the actions it conducts for the professional integration of disabled people into ordinary life. , publishes an annual activity report and is subject to the administrative and financial control of the State.

“An agreement of objectives is concluded between the State and the association mentioned in the first paragraph every three years. In accordance with the missions provided for in Article L. 323-8-4, this agreement sets out in particular the reciprocal commitments contributing to the consistency between the common law measures for employment and vocational training and the specific measures adopted by the association and the financial resources necessary to achieve these objectives.

“This agreement also determines the priorities and the main intervention principles of the public employment service and specialized placement organizations. ”

II. – After article L. 323-10 of the same code, an article L. 323-10-1 is inserted as follows:

“Art. L. 323-10-1. – A cooperation agreement is concluded between the association mentioned in article L. 323-8-3 and the fund defined in article L. 323-8-6-1. It determines in particular the respective obligations of the parties with regard to the specialized investment institutions mentioned in Article L. 323-11. ”

III. – Article L. 323-11 of the same code is worded as follows:

“Art. L. 323-11. – Pre-orientation centers help provide vocational guidance for disabled workers.

“Specialized placement organizations in charge of preparation, support and sustainable monitoring in the employment of people with disabilities participate in the professional integration system and specific support during the period of adaptation to the work station of disabled workers implemented by the State, the public employment service, the association mentioned in article L. 323-8-3 and the fund referred to in article L. 323-8-6-1 . They must be approved for this purpose and can, on this condition, receive assistance from the aforementioned association and fund.

“To ensure the consistency of the actions of the public employment service and specialized placement organizations, a steering system is established including the State, the public employment service, the association mentioned in article L 323-8-3, the fund referred to in article L. 323-8-6-1 and specialized investment institutions.

“The agreements mentioned in the second paragraph must comply with the guidelines set by the objectives agreement provided for in Article L. 323-8-3.

“The pre-orientation centers and the specialized placement organizations mentioned in the first and second paragraphs also enter into an agreement with the departmental house for disabled people mentioned in article L. 146-3 of the code of social action and families in order to coordinate their interventions with people with disabilities. ”

IV. – In 2 ° of Article L. 381-1 and 5 ° of Article L. 542-1 of the Social Security Code, the words: “L. 323-11 of the Labor Code” are replaced by the words: “L. 241-5 of the code of social action and families”.

V. – After article L. 323-11 of the labor code, an article L. 323-11-1 is inserted as follows:

“Art. L. 323-11-1. – The State, the public employment service, the association referred to in article L. 323-8-3, the fund referred to in article L. 323-8-6-1, regional councils, social protection bodies, trade unions and associations representing people with disabilities define and implement concerted policies for access to vocational training and qualification for people with disabilities which aim to create the collective conditions for the exercise of the right to work of people with disabilities.

“These policies aim to identify and quantify the training needs of people with disabilities as well as the quality of the training provided. They promote the efficient use of the various systems by facilitating synergy between ordinary training organizations and organizations specially designed to compensate for the consequences of disability or repair damage.

“In order to guarantee a full range of services for people with disabilities taking into account the analysis of needs, respecting in particular the possibility of free choice of these people and also taking into account the proximity of training places, a multi-year program of the welcome in training is planned.

“In order to take into account the particular constraints of people with disabilities or presenting an invalidating health problem, part-time or discontinuous reception, an adapted duration of training and adapted methods of validation of professional training are provided for under conditions set by decree. ”

Article 27

I. – Article L. 323-3 of the Labor Code is supplemented by a 10 ° and an 11 ° worded as follows:

“10 ° Holders of the invalidity card defined in article L. 241-3 of code of social action and families;

“11 ° Holders of the allowance for disabled adults. ”

II. – Article L. 323-4 of the same code is worded as follows:

“Art. L. 323-4. – The total number of employees mentioned in the first paragraph of article L. 323-1 is calculated according to the methods defined in article L. 620-10.

“For the calculation of the number of beneficiaries of this section, by way of derogation from the provisions of article L. 620-10, said beneficiaries each count as one unit if they have been present for at least six months during the last twelve months. , regardless of the nature of the employment contract or its duration, with the exception of those under a temporary employment contract or made available by an external company which are taken into account in proportion to their time in the company at the during the previous twelve months. ”

III. – Article L. 323-8-2 of the same code is amended as follows:

1 ° The words: “; the amount of this contribution, which can be varied according to the workforce of the company, is set by a joint order of the minister responsible for employment and the minister responsible for the budget, within the limit of 500 times the hourly wage minimum growth per beneficiary not employed ”are abolished;

2 ° It is supplemented by three paragraphs thus worded:

“The amount of this contribution can be modulated according to the workforce of the company and jobs requiring special aptitude conditions, fixed by decree, occupied by employees of the company. It also takes into account the effort made by the company in terms of job retention or direct recruitment of beneficiaries of this section, in particular beneficiaries for whom the departmental director of labor, employment and vocational training, after possible opinion from the labor inspectorate, recognized the severity of the handicap, or of the beneficiaries of this section encountering particular difficulties in accessing employment.

“The methods of calculating the contribution, which cannot exceed the limit of 600 times the minimum hourly growth wage per beneficiary not employed, are set by decree. For companies which have not held any beneficiary of the employment obligation mentioned in Article L. 323-3, have not entered into any contract referred to in Article L. 323-8 or do not apply any agreement mentioned in Article L. 323-8-1 for a period exceeding three years, the contribution limit is raised under conditions defined by decree to 1,500 times the minimum hourly growth wage.

“May however be deducted from the amount of this contribution, with a view to enabling employers to partially discharge the employment obligation established in Article L. 323-1, expenses incurred directly by the company and intended for to promote the reception, integration or maintenance in employment of disabled workers within the company or the access of disabled people to professional life for which it does not fall under a legislative or regulatory provision . The advantage represented by this deduction cannot be combined with aid granted for the same purpose by the association mentioned in article L. 323-8-3. The nature of the aforementioned expenses as well as the conditions under which they can be deducted from the amount of the contribution are defined by decree. ”

IV. – Article L. 323-12 of the same code is repealed.

V. – In the first paragraph of article L. 323-8-1 of the same code, after the words: “by applying a branch agreement,”, are inserted the words: “of an agreement of group, ”.

The same article is supplemented by a paragraph worded as follows:

“Approval is given for the period of validity of the agreement. ”

VI. – In article L. 323-8-6 of the same code, after the words: “contribution instituted by”, the words: “the last sentence of the fourth paragraph of” are inserted.

VII. – In the first sentence of article L. 323-7 of the same code, the words: “counting more than once in application of article L. 323-4” are deleted.

Article 28

I. – After the first paragraph of Article L. 351-1-3 of the Social Security Code, after the first paragraph of Article L. 634-3-3 of the same code and after the first paragraph of the Article L. 732-18-2 of the rural code, a paragraph worded as follows is inserted:

“The pension of the interested parties is increased according to the period giving rise to the considered contributions, under conditions specified by decree. ”

II. – Section I of Article L. 24 of the Civil and Military Retirement Pensions Code is supplemented by a 5 ° worded as follows:

“5 ° The sixty-year-old condition appearing in l ° is lowered under conditions fixed by decree for disabled civil servants who total, while they were suffering from a permanent incapacity of at least 80%, a period of insurance at least equal to a limit fixed by decree, all or part of this duration having given rise to payment of deductions for pensions.

“The officials referred to in the preceding paragraph benefit from a pension calculated on the basis of the number of quarters necessary to obtain the maximum percentage mentioned in the second paragraph of I of article L. 13.”

III. – The provisions of 5 ° of I of Article L. 24 of the Civil and Military Retirement Pensions Code are applicable to civil servants affiliated to the National Pension Fund for local authority employees as well as to workers governed by the pensions for workers in state industrial establishments.

Article 29

The public procurement code is amended as follows:

1 ° The title of section 3 of chapter III of title III reads as follows: “Conditions of access to public procurement relating to the fiscal and social situation of candidates, or to compliance the obligation to employ disabled workers or the difficulties of companies ”;

2 ° The same section 3 is supplemented by an article 44-1 worded as follows:

“Art. 44-1. – Persons subject to the obligation defined in Article L. 323-1 of the Labor Code who, during the year preceding that in which the launch took place, are not allowed to compete in public contracts. consultation, have not signed the declaration referred to in Article L. 323-8-5 of the same code or have not, if they are liable, paid the contribution referred to in Article L. 323- 8-2 of this code. “;

3 ° In the second paragraph of article 52, after the reference: “44”, the reference is inserted: “, 44-1”;

4 ° The second paragraph (1 °) of article 45 is supplemented by the words: “and on compliance with the employment obligation mentioned in article L. 323-1 of the labor code”.

Article 30

In the third paragraph of article L. 1411-1 of the general code of local authorities, after the words: “professional and financial guarantees”, are inserted the words: “, of their respect for the obligation of employment of workers disabled persons provided for in Article L. 323-1 of the Labor Code ”.

Article 31

Law n ° 83-634 of July 13, 1983 on the rights and obligations of civil servants is amended as follows:

1 ° 5 ° of article 5 and 4 ° of article 5 bis are completed by the words: “taking into account possibilities of compensation for disability ”;

2 ° After article 6 quinquies, an article 6 sexies is inserted as follows:

“Art. 6 sexies. – In order to guarantee respect for the principle of equal treatment with regard to disabled workers, the employers referred to in Article 2 take, depending on the needs in a concrete situation, the appropriate measures to enable the workers mentioned in 1 °, 2 °, 3 °, 4 °, 9 °, 10 ° and 11 ° of article L. 323-3 of the labor code to access a job or keep a job corresponding to their qualification, ” exercise and progress in it or so that a training adapted to their needs is provided, provided that the costs resulting from the implementation of these measures are not disproportionate, in particular taking into account the aids which can compensate in all or part of the expenses incurred in this respect by the employer. “;

3 ° After article 23, an article 23 bis is inserted as follows:

“Art. 23 bis. – The Government submits, each year, to the office of the parliamentary assemblies, a report, drawn up after the opinion of the higher councils of the State civil service, the territorial civil service and the hospital civil service on the situation of the employment of people with disabilities in each of the three public functions. ”

Article 32

Law n ° 84-16 of January 11, 1984 on statutory provisions relating to the civil service of the State is amended as follows:

1 ° Article 27 is worded as follows:

“Art. 27. – I. – No candidate who has been the subject of an orientation in an ordinary work environment by the commission provided for in Article L. 146-9 of the Code of Social Action and Families may be excluded, due to his handicap, a competition or a civil service job, unless his handicap has been declared incompatible with the postulated post following the medical examination intended to assess his aptitude for the exercise of his function, carried out in application of the provisions of 5 ° of Article 5 or 4 ° of Article 5 bis of Title I of the General Staff Regulations.

“The upper age limits fixed for access to grades and public posts governed by the provisions of this chapter are not opposable to the persons mentioned in 1 °, 2 °, 3 °, 4 °, 9 °, 10 ° and 11 ° of Article L. 323-3 of the Labor Code.

“People who no longer fall within one of the categories mentioned in 1 °, 2 °, 3 °, 4 °, 9 °, 10 ° and 11 ° of the same article L. 323-3 may benefit from a reduction in age limits mentioned above equal to the duration of treatment and care they had to undergo when they fell into one of these categories. This period cannot exceed five years.

“Derogations from the normal rules for the conduct of competitions and examinations are provided in order, in particular, to adapt the duration and division of the tests to the physical means of the candidates or to provide them with the necessary human and technical assistance specified by them at the time of the examination. their registration. Sufficient rest time is granted in particular to these candidates, between two successive tests, so as to allow them to compose under conditions compatible with their physical means.

“II. – The persons mentioned in 1 °, 2 °, 3 °, 4 °, 9 °, 10 ° and 11 ° of article L. 323-3 of the labor code can be recruited as contractual agent in the positions of categories A, B and C for a period corresponding to the duration of the internship provided for by the particular statute of the body in which they are intended to be established. The contract is renewable for a period which cannot exceed the initial duration of the contract. At the end of this period, the interested parties are established on condition that they meet the conditions of aptitude for the exercise of the function.

“The provisions of the preceding paragraph apply to categories of equivalent level of La Poste, public operator created by law n ° 90-568 of July 2, 1990 relating to the organization of the public service of the post office and to France Telecom. .

“A decree in the Council of State fixes the modalities of application of the two preceding paragraphs, in particular the minimum conditions of diploma required for the recruitment as a contractual agent in categories A and B, the modalities of verification of the prior aptitude for recruitment in category C, the conditions for any renewal of the contract, the procedures for assessing, before tenure, the aptitude to perform the duties.

“This method of recruitment does not

“III. – Disabled civil servants falling within one of the categories mentioned in 1 °, 2 °, 3 °, 4 °, 9 °, 10 ° and 11 ° of Article L. 323-3 of the Labor Code benefit from the arrangements provided for in Article 6 sexies of Title I of the General Staff Regulations. “;

2 ° In Article 60, the words: “having the status of disabled worker recognized by the committee provided for in Article L. 323-11 of the Labor Code” are replaced by the words: “disabled persons falling under one of of the categories mentioned in 1 °, 2 °, 3 °, 4 °, 9 °, 10 ° and 11 ° of Article L. 323-3 of the Labor Code ”;

3 ° In Article 62, the words: “recognized as disabled workers by the committee provided for in Article L. 323-11 of the Labor Code” are replaced by the words: “disabled persons falling within one of the categories referred to in 1 °, 2 °, 3 °, 4 °, 9 °, 10 ° and 11 ° of article L. 323-3 of the labor code ”;

4 ° After the first paragraph of Article 37 bis, a paragraph worded as follows is inserted:

“Authorization to perform part-time service is automatically granted to officials falling within the categories referred to in 1 °, 2 ° , 3 °, 4 °, 9 °, 10 ° and 11 ° of article L. 323-3 of the labor code, after consulting the prevention doctor. “;

5 ° After article 40 bis, an article 40 ter is inserted as follows:

“Art. 40 ter. – Scheduling arrangements to facilitate their professional practice or their retention in employment are granted at their request to disabled civil servants falling within one of the categories mentioned in 1 °, 2 °, 3 °, 4 °, 9 ° , 10 ° and 11 ° of Article L. 323-3 of the Labor Code, to the fullest extent compatible with the operational requirements of the service.

“Scheduling arrangements are also granted at his request to any official, to the fullest extent compatible with the operational requirements of the service, to enable him to accompany a disabled person, who is his or her spouse, partner, person with which he has concluded a civil solidarity pact, a dependent child, an ascendant or a person welcomed at his home and requires the presence of a third person. ”

Article 33

Law n ° 84-53 of January 26, 1984 laying down statutory provisions relating to the territorial civil service is as follows:

1 ° Article 35 is worded as follows:

“Art. 35. – No candidate who has been the subject of an orientation in an ordinary work environment by the commission provided for in Article L. 146-9 of the Code of Social Action and Families may be excluded, due to his disability, a competitive examination or a civil service job, unless his disability has been declared incompatible with the post requested following the medical examination intended to assess his suitability for the exercise of his function, carried out in application of the provisions of 5 ° of Article 5 or 4 ° of Article 5 bis of Title I of the General Staff Regulations.

“The conditions of physical fitness mentioned in 5 ° of article 5 of title I of the general statute of civil servants are fixed by decree of the Council of State.

“The upper age limits fixed for access to jobs in local authorities and establishments are not opposable to the persons referred to in 1 °, 2 °, 3 °, 4 °, 9 °, 10 ° and 11 ° of article L. 323-3 of the Labor Code.

“People who no longer fall within one of the categories mentioned in 1 °, 2 °, 3 °, 4 °, 9 °, 10 ° and 11 ° of the same article L. 323-3 may benefit from a reduction in above-mentioned age limits equal to the duration of treatment and care they had to undergo when they fell into one of these categories. This period cannot exceed five years.

“Exceptions to the normal rules for the conduct of competitions and exams are provided in order, in particular, to adapt the duration and division of the tests to the physical means of the candidates or to provide them with the necessary human and technical assistance specified by them at the time of their registration. Sufficient rest time is granted in particular to these candidates, between two successive tests, so as to allow them to compose under conditions compatible with their physical means.

“Disabled civil servants falling into one of the categories mentioned in 1 °, 2 °, 3 °, 4 °, 9 °, 10 ° and 11 ° of Article L. 323-3 of the Labor Code benefit from the arrangements provided for in Article 6 sexies of Title I of the General Staff Regulations. “;

2 ° After article 35, an article 35 bis is inserted as follows:

“Art. 35 bis. – The report provided for in the second paragraph of Article L. 323-2 of the Labor Code is presented to the deliberating assembly after consulting the joint technical committee. “;

3 ° The last two paragraphs of Article 38 are replaced by three paragraphs thus worded:

“The persons mentioned in 1 °, 2 °, 3 °, 4 °, 9 °, 10 ° and 11 ° of article L. 323-3 of the labor code can be recruited as contractual agent in the positions of categories A, B and C for a period corresponding to the duration of the internship provided for by the particular statute of the employment framework in which they are intended to be established. The contract is renewable for a period which cannot exceed the initial duration of the contract. At the end of this period, the interested parties are established on condition that they meet the conditions of aptitude for the exercise of the function.

“A decree in Council of State fixes the methods of application of the preceding paragraph, in particular the minimum conditions of diploma required for the recruitment as a contractual agent in categories A and B, the methods of verification of the aptitude prior to recruitment in category C, the conditions for any renewal of the contract, the procedures for assessing, before tenure, the ability to perform the duties.

“This method of recruitment is not open to people who have the status of civil servant. “;

4 ° In the first paragraph of Article 54, the words: “having the status of disabled worker recognized by the committee provided for in Article L. 323-11 of the Labor Code” are replaced by the words: “disabled persons falling under one of the categories mentioned in 1 °, 2 °, 3 °, 4 °, 9 °, 10 ° and 11 ° of Article L. 323-3 of the Labor Code ”; in the second paragraph of this same article, the words: “recognized as disabled workers by the committee provided for in article L. 323-11 of the labor code” are replaced by the words: “disabled falling within one of the categories mentioned in 1 °, 2 °, 3 °, 4 °, 9 °, 10 ° and 11 ° of article L. 323-3 of the labor code ”;

5 ° After the second paragraph of Article 60 bis, a paragraph worded as follows is inserted:

“Authorization to perform part-time service is granted automatically to officials falling within the categories referred to in 1 °, 2 °, 3 °, 4 °, 9 °, 10 ° and 11 ° of article L. 323-3 of the Labor Code, after consulting the doctor from the professional and preventive medicine service. “;

6 ° After article 60 quater, an article 60 quinquies is inserted as follows:

“Art. 60 quinquies. – Scheduling arrangements to facilitate their professional practice or their retention in employment are granted at their request to disabled civil servants falling within one of the categories mentioned in 1 °, 2 °, 3 °, 4 °, 9 ° , 10 ° and 11 ° of Article L. 323-3 of the Labor Code, to the fullest extent compatible with the operational requirements of the service.

“Scheduling arrangements are also granted at his request to any official, to the fullest extent compatible with the operational requirements of the service, to enable him to accompany a disabled person, who is his or her spouse, partner, person with which he has concluded a civil solidarity pact, a dependent child, an ascendant or a person welcomed at his home and requires the presence of a third person. ”

Article 34

In the first paragraph of I of article 35 of law n ° 2000-321 of 12 April 2000 relating to the rights of citizens in their relations with the administrations, the words: “last two” are replaced by the words: “three last “.

Article 35

Law n ° 86-33 of 9 January 1986 laying down statutory provisions relating to the public hospital service is thus amended:

1 ° Article 27 is worded as follows:

“Art. 27. – I. – No candidate who has been the subject of an orientation in an ordinary work environment by the commission provided for in Article L. 146-9 of the Code of Social Action and Families may be excluded, due to his handicap, a competition or a civil service job, unless his handicap has been declared incompatible with the postulated post following the medical examination intended to assess his aptitude for the exercise of his function, carried out in application of the provisions of 5 ° of Article 5 or 4 ° of Article 5 bis of Title I of the General Staff Regulations.

“The conditions of physical fitness mentioned in 5 ° of article 5 of title I of the general statute of civil servants are fixed by decree of the Council of State.

“The upper age limits fixed for access to bodies or jobs in establishments are not opposable to the persons mentioned in 1 °, 2 °, 3 °, 4 °, 9 °, 10 ° and 11 ° of article L. 323-3 of the Labor Code.

“People who no longer fall within one of the categories referred to in 1 °, 2 °, 3 °, 4 °, 9 °, 10 ° and 11 ° of the same article L. 323-3 may benefit from a reduction in age limits mentioned above equal to the duration of treatment and care they had to undergo when they fell into one of these categories. This period cannot exceed five years.

“Exceptions to the normal rules for the conduct of competitions and exams are provided in order, in particular, to adapt the duration and division of the tests to the physical means of the candidates or to provide them with the necessary human and technical assistance specified by them at the time of their registration. Sufficient rest time is granted in particular to these candidates between two successive tests, so as to allow them to compose under conditions compatible with their physical means.

“Disabled civil servants falling into one of the categories mentioned in 1 °, 2 °, 3 °, 4 °, 9 °, 10 ° and 11 ° of Article L. 323-3 of the Labor Code benefit from the arrangements provided for in Article 6 sexies of Title I of the General Staff Regulations.

“II. – The persons mentioned in 1 °, 2 °, 3 °, 4 °, 9 °, 10 ° and 11 ° of article L. 323-3 of the labor code can be recruited as contractual agent in the positions of categories A, B and C for a period corresponding to the duration of the internship provided for by the particular statute of the body in which they are intended to be established. The contract is renewable for a period which cannot exceed the initial duration of the contract. At the end of this period, the interested parties are established on condition that they meet the conditions of aptitude for the exercise of the function.

“A decree in the Council of State fixes the methods of application of the preceding paragraph, in particular the minimum conditions of diploma required for the recruitment as a contractual agent in categories A and B, the methods of verification of the aptitude prior to recruitment in category C, the conditions for any renewal of the contract, the procedures for assessing, before tenure, the aptitude to perform the duties.

“This method of recruitment is not open to people who have the status of civil servant. “;

2 ° After article 27, an article 27 bis is inserted as follows:

“Art. 27 bis. – The report provided for in the second paragraph of Article L. 323-2 of the Labor Code is presented to the Board of administration after opinion of the establishment technical committee. “;

3 ° In Article 38, the words: “recognized as disabled workers by the committee provided for in Article L. 323-11 of the Labor Code” are replaced by the words: “disabled persons falling within one of the categories mentioned in 1 °, 2 °, 3 °, 4 °, 9 °, 10 ° and 11 ° of article L. 323-3 of the labor code ”;

4 ° After the second paragraph of article 46-1, a paragraph worded as follows is inserted:

“Authorization to perform part-time service is automatically granted to officials falling within the categories referred to in 1 °, 2 °, 3 °, 4 °, 9 °, 10 ° and 11 ° of Article L. 323-3 of the Labor Code, after consulting the occupational physician. “;

5 ° After article 47-1, an article 47-2 is inserted as follows:

“Art. 47-2. – Scheduling arrangements to facilitate their professional practice or their retention in employment are granted at their request to disabled civil servants falling within one of the categories mentioned in 1 °, 2 °, 3 °, 4 °, 9 ° , 10 ° and 11 ° of Article L. 323-3 of the Labor Code, to the fullest extent compatible with the operational requirements of the service.

“Scheduling arrangements are also granted at his request to any official, to the fullest extent compatible with the operational requirements of the service, to enable him to accompany a disabled person, who is his or her spouse, partner, person with which he has concluded a civil solidarity pact, a dependent child, an ascendant or a person welcomed at his home and requires the presence of a third person. ”

Article 36

I. – The first paragraph of Article L. 323-2 of the Labor Code is thus amended:

1 ° After the word: “commercial”, the words: “, the public operator La Poste” are inserted;

2 ° The references: “L. 323-3, L. 323-5 and L. 323-8” are replaced by the references: “L. 323-3, L. 323-4-1, L. 323-5 , L. 323-8 and L. 323-8-6-1 ”.

II. – After article L. 323-4 of the same code, an article L. 323-4-1 is inserted as follows:

“Art. L. 323-4-1. – For the calculation of the employment rate set in article L. 323-2, the total workforce taken into account is made up of all the employees paid by each employer mentioned in article L. 323-2 in January 1 of the past year.

“For the calculation of the aforementioned employment rate, the number of beneficiaries of the employment obligation is made up of all the persons mentioned in Articles L. 323-3 and L. 323-5 paid by the mentioned employers in the previous paragraph on January 1 of the past year.

“For the application of the two preceding paragraphs, each agent counts as one unit.

“The employment rate corresponds to the workforce determined in the second paragraph compared to that of the first paragraph. ”

III. – After article L. 323-8-6 of the same code, an article L. 323-8-6-1 is inserted as follows:

“Art. L. 323-8-6-1. – I. – A fund has been created for the integration of disabled people into the public service, managed by a public establishment placed under the supervision of the State. This fund is divided into three sections called as follows:

“1 ° Section” State civil service;

“2 ° Section” Territorial civil service;

“3 ° Section” Hospital public service.

“The mission of this fund is to promote the professional integration of disabled people within the three public services, as well as the training and information of the agents in contact with them.

“The public employers mentioned in article 2 of title I of the general statute of civil servants and the public operator La Poste can benefit from assistance from this fund, with the exception of public establishments of an industrial or commercial nature.

“A national committee, made up of representatives of employers, staff and people with disabilities, defines in particular the guidelines concerning the use of funds from the fund by local committees. The national committee draws up an annual report which is submitted to the higher councils of the state public service, the territorial public service and the hospital public service, as well as to the National Consultative Council for People with Disabilities.

“II. – The employers mentioned in article L. 323-2 can fulfill the employment obligation established by this article, by paying to the fund for the integration of disabled people into the public service an annual contribution for each of the beneficiaries of this section that they should have employed.

“The contributions paid by the employers mentioned in article 2 of title II of the general statute of civil servants and by the public operator La Poste are paid in the section” State civil service.

“The contributions paid by the mentioned employers in article 2 of title III of the general statute of civil servants are paid in the section “Territorial civil service.

“The contributions paid by the employers mentioned in article 2 of title IV of the general statute of civil servants are paid in the section” Hospital public service.

“III. – The appropriations of the section” State civil service must be used exclusively to finance actions carried out on the initiative of the employers mentioned in Article 2 of Title II of the general statute of civil servants and of the public operator La Poste.

“The appropriations of the” Territorial civil service “section must be used exclusively to finance actions carried out on the initiative of the employers mentioned in article 2 of title III of the general statute of civil servants.

“The credit section” Hospital civil service must exclusively be used to finance actions taken at the initiative of the employers mentioned in Article 2 of Title IV of the General Staff Regulations.

“Common actions in several public functions can be financed by appropriations under several sections.

“IV. – The contribution mentioned in II of this article is due by the employers mentioned in article L. 323-2.

“It is calculated according to the number of missing units noted on January 1 of the past year. The number of missing units corresponds to the difference between the total number of persons paid by the employer to whom the proportion of 6% is applied, rounded down to the lower unit, and that of beneficiaries of the employment obligation provided for in Article L. 323-2 which are effectively remunerated by the employer.

“The number of missing units is reduced by a number of units equal to the quotient obtained by dividing the amount of expenditure incurred in application of the first paragraph of Article L. 323-8 and those allocated to measures adopted in with a view to facilitating the professional integration of disabled people into the public service through the minimum annual gross salary paid to a staff member holding full-time public employment assessed on December 31 of the past year. The number of missing units is also reduced under the same conditions in order to take into account the effort made by the employer to accommodate or keep severely disabled people in employment.

“The amount of the contribution is equal to the number of missing units, multiplied by a unit amount. This amount and its modalities of modulation are identical, subject to the specificities of the civil service, to those provided for the contribution defined in article L. 323-8-2.

“For State services, the contribution is calculated at the level of all the staff paid by each ministry.

“The employers mentioned in article L. 323-2 file, no later than April 30, with the accountant of the Public Treasury an annual declaration accompanied by the payment of their contribution. The annual declaration is checked by the fund manager.

“In the absence of declaration and adjustment within a period of one month after a formal notice sent by the fund manager, the employer is considered not to meet the employment obligation. The amount of the contribution is then calculated by retaining the proportion of 6% of the total paid workforce. In this situation or in the event of default or insufficient payment, the fund manager issues an enforceable title which is collected by the accountant of the Public Treasury according to the rules applicable to the recovery of foreign debts to tax and to the domain.

“V. – The modalities of application of this article are specified by a decree of the Council of State. ”

Section 3

Ordinary work environment

Article 37

The second and third paragraphs of Article L. 323-6 of the Labor Code read as follows:

“For the application of the first paragraph, aid may be granted by decision of the departmental director of labor, employment and vocational training, after possible advice from the labor inspector. This aid, requested by the employer, may be allocated according to the characteristics of the beneficiaries of this section, under conditions set by decree of the Council of State. It is financed by the association mentioned in article L. 323-8-3. This aid cannot be combined with the reduction in the contribution provided for the hiring of a worker referred to in the third paragraph of Article L. 323-8-2.

“This decree also sets the conditions under which assistance can be granted to disabled workers who choose to exercise a self-employed professional activity, when, because of their disability, their productivity is noticeably reduced. ”

Section 4

Adapted companies and sheltered work

Article 38

I. – In Articles L. 131-2, L. 323-8, L. 323-34, L. 412-5, L. 421-2 and L. 431-2 of the Labor Code, the words: “workshops protected ”are replaced by the words:“ adapted companies ”. In Article L. 323-32 (second and last paragraphs), the words: “sheltered workshop” are replaced by the words: “adapted company”.

II. – In I and II of article 54 of the public procurement code and in the third paragraph of article 89 of the same code, the words: “sheltered workshops” are replaced by the words: “adapted companies”.

III. – Article L. 323-29 of the labor code is repealed.

IV. – Article L. 323-30 of the same code is amended as follows:

1 ° The first paragraph is worded as follows:

“Disabled people for whom guidance on the labor market by the commission mentioned in Article L. 146-9 of the Code of Social Action and Families is impossible may be admitted to an establishment or service mentioned in a of 5 ° of I of article L. 312-1 of the same code. “;

2 ° The second paragraph is deleted;

3 ° The third paragraph is worded as follows:

“The commission mentioned in article L. 146-9 of the code of social action and families issues a reasoned decision, taking into account the real possibilities of integration, on orientation towards the job market or admission to a work assistance center. »

V. – Article L. 323-31 of the same code is worded as follows:

“Art. L. 323-31. – Adapted companies and home work distribution centers can be created by communities or public or private organizations and in particular by commercial companies. For the latter, they must be constituted as separate legal persons.

“They sign with the representative of the State in the region a three-year contract of objectives worth approval and providing in particular, by an annual financial amendment, a contingent of aid to the post. This contract specifies the conditions under which the contingent of job aid is revised during the year, in the event of a change in the number of employees.

“They benefit from all the measures intended for companies and their employees. The benefit of these devices may not be combined, for the same post, with the post aid mentioned in the last paragraph, nor with any specific aid relating to the same object.

“Taking into account the additional costs generated by the overwhelming employment of disabled people with reduced efficiency, they also receive a specific subsidy, the allocation methods of which are set by decree. This subsidy also allows social monitoring as well as specific training for disabled people at their workstation.

“They receive, for each disabled worker oriented towards the labor market by the commission mentioned in article L. 146-9 of the code of social action and the families that they employ, a fixed post aid, paid by the State, the amount and terms of allocation of which are determined by decree in the Council of State. ”

VI. – Article L. 323-32 of the same code is thus amended:

1 ° At the beginning of the first paragraph, the words: “The managing body of the protected workshop or of” are replaced by the words “The adapted company where the ” ;

2 ° In the first sentence of the second paragraph, the words: “, his qualification and his performance” are replaced by the words: “and his qualification”;

3 ° The second, third and last sentences of the same paragraph are deleted;

4 ° The third paragraph reads as follows:

“This salary may not be lower than the minimum growth salary determined in application of Articles L. 141-1 et seq. “;

5 ° Before the last paragraph, a paragraph worded as follows is inserted:

“The worker in an adapted enterprise also benefits from the provisions of Title IV of Book IV. ”

VII. – After article L. 323-32 of the same code, an article L. 323-33 is re-established as follows:

“Art. L. 323-33. – In the event of voluntary departure to the ordinary company, the disabled employee who resigns benefits, in the event that he wishes to return to the adapted company, from a hiring priority, the terms of which are fixed by decree. ”

VIII. – In the second paragraph a of article L. 443-3-1 of the same code, the words: “classifying them, in application of article L. 323-11, in the category corresponding to severe disabilities or declaring them to be either of a sheltered workshop or of a center for assistance through work “are replaced by the words:” declaring them, in application of article L. 241-6 of the code of social action and families , belong to an establishment or service mentioned in a of 5 ° of I of article L. 312-1 of the same code ”.

IX. – In the a of 5 ° of I of Article L. 312-1 of the Social Action and Families Code, the words: “defined protected workshops” are replaced by the words: “defined adapted companies”.

X. – In the last paragraph of IV of article 32 of law n ° 2000-37 of January 19, 2000 relating to the negotiated reduction of working time, the words: “sheltered workshops” are replaced by the words: ” adapted companies ”.

Article 39

I. – Article L. 311-4 of the Code of Social Action and Families is supplemented by a paragraph worded as follows:

“When it is concluded in the establishments and services for assistance through work mentioned in a of 5 ° of I of Article L. 312-1, the stay contract provided for in the previous paragraph is called a “support and assistance contract through work. This contract must comply with a model contract established by decree. ”

II. – After article L. 344-1 of the same code, an article L. 344-1-1 is inserted as follows:

“Art. L. 344-1-1. – Establishments and services that welcome or support disabled adults who have not been able to acquire a minimum of autonomy provide them with medico-social and educational support allowing the development of their potential and new acquisitions, as well as a supportive environment. life promoting their personal and social development. A decree determines the obligations of these establishments and services, in particular the composition and qualifications of the multidisciplinary teams they must have. ”

III. – Article L. 344-2 of the same code is worded as follows:

“Art. L. 344-2. – Establishments and work assistance services welcome disabled people whose committee provided for in Article L. 146-9 has noted that their working capacities do not allow them, temporarily or permanently, full-time or part-time , nor to work in an ordinary company or in an adapted company or for the account of a distribution center of work at home, nor to exercise an independent professional activity. They offer them opportunities for various professional activities, as well as medico-social and educational support, with a view to promoting their personal and social development. ”

IV. – After article L. 344-2 of the same code, five articles L. 344-2-1 to L. 344-2-5 are inserted as follows:

“Art. L. 344-2-1. – Establishments and services providing assistance through work implement or promote access to actions to maintain knowledge, maintain academic achievements and vocational training, as well as educational actions for access to autonomy and involvement in social life, for the benefit of the disabled people they welcome, under conditions set by decree.

“The procedures for validating the acquired experience of these people are set by decree.

“Art. L. 344-2-2. – Disabled people admitted to work-assistance establishments and services benefit from a right to leave, the organizational arrangements for which are set by decree.

“Art. L. 344-2-3. – The provisions of Article L. 122-28-9 of the Labor Code relating to parental presence leave are applicable to disabled people admitted to the establishments and services referred to in Article L. 344-2.

“Art. L. 344-2-4. – Disabled people admitted to an establishment or a work assistance service may, in compliance with the provisions of Article L. 125-3 of the Labor Code and in accordance with the terms and conditions laid down by regulation, be made available of a business in order to carry on an activity outside the establishment or service to which they remain attached.

“Art. L. 344-2-5. – When a disabled person accommodated in an establishment or a work assistance service concludes one of the employment contracts provided for in Articles L. 122-2, L. 322-4-7 and L. 322-4-8 of Labor Code, it can benefit, with its agreement or that of its representative, from an agreement between the establishment or the work assistance service, its employer and possibly the social support service. This agreement specifies the terms of the assistance provided by the establishment or the work assistance service and possibly the social support service to the disabled worker and his employer during the duration of the employment contract in the limit of a maximum duration of

“In the event of termination of this employment contract or when it is not definitively recruited by the employer at the end of it, the disabled person is automatically reinstated in the establishment or the assistance service by original work or, failing that, in another establishment or work assistance service with which an agreement has been concluded for this purpose. The agreement mentioned in the previous paragraph also provides for the modalities of this reinstatement. ”

Article 40

After section 5 of chapter III of title I of book III of the code of social action and families, a section 5 bis is inserted as follows:

“Section 5a

“Provisions relating to the organization of work

“Art. L. 313-23-1. – Notwithstanding the provisions of Articles L. 212-1 and L. 220-1 of the Labor Code, a collective labor agreement may provide that, in the establishments and services referred to in 2 °, 3 °, 5 °, 7 ° and , where applicable, 12 ° of I of Article L. 312-1 of this code who accommodate disabled people, the length of the working days of employees responsible for supporting residents can reach fifteen hours, without their effective daily working time exceeds twelve hours. This agreement also sets the minimum compensation from which the employees concerned benefit, in particular in the form of equivalent periods of compensatory rest.

“In the absence of agreement, a decree in the Council of State determines the conditions under which it is possible to derogate from the amplitude of the working days within the limits set in the first paragraph and the related minimum compensation.

“Art. L. 313-23-2. – Notwithstanding the provisions of Article L. 212-1 of the Labor Code, the effective daily working time of employees responsible for supporting disabled people in the establishments and services referred to in 2 °, 3 °, 5 °, 7 ° and, where applicable, 12 ° of I of article L. 312-1 of this code may exceed twelve hours when this is justified by the organization of transfers and departures of these people and if a branch agreement, a professional agreement or a company agreement or establishment provides for it. ”

Chapter III

Built environment, transport and new technologies

 

 

Article 41

I. – Article L. 111-7 of the construction and housing code is replaced by five articles L. 111-7 to L. 111-7-4 worded as follows:

“Art. L. 111-7. – The architectural arrangements, interior and exterior fittings and equipment of residential premises, whether owned by private or public persons, establishments open to the public, installations open to the public and workplaces must be such that these premises and facilities are accessible to all, and in particular to disabled people, regardless of the type of disability, in particular physical, sensory, cognitive, mental or psychological, in the cases and under the conditions determined in Articles L. 111-7- 1 to L. 111-7-3. These provisions are not compulsory for owners building or improving housing for their own use.

“Art. L. 111-7-1. – Decrees issued by the Council of State set out the terms and conditions relating to accessibility for disabled people provided for in Article L. 111-7 which new buildings or parts of buildings must comply with. They specify the specific conditions applicable to the construction of single-family houses.

“Housing accessibility measures are assessed within three years from the publication of Law No. 2005-102 of February 11, 2005 for equal rights and opportunities, participation and citizenship of people with disabilities and an estimate of their financial impact on the amount of rents is carried out in order to consider, if necessary, the responses to be provided to this phenomenon.

“Art. L. 111-7-2. – Decrees issued by the Council of State set out the conditions relating to accessibility for disabled people provided for in Article L. 111-7 that buildings or parts of existing residential buildings must comply with when they are subject to works, in particular according to the nature of the buildings and parts of buildings concerned, the type of work undertaken as well as the relationship between the cost of this work and the value of the buildings beyond which these conditions apply. They provide for the conditions under which reasoned derogations may be authorized in the event of technical impossibility or of constraints linked to the preservation of the architectural heritage, or when there is a manifest disproportion between the improvements made and their consequences.

“In the event of an exemption relating to a building belonging to an owner having a housing stock of which the number is greater than a threshold fixed by decree of the Council of State, the disabled people affected by this exemption benefit from a right to be relocated. in an accessible building within the meaning of Article L. 111-7, under conditions set by the aforementioned Council of State decree.

“Art. L. 111-7-3. – Existing establishments open to the public must be such that any disabled person can access them, move around and receive the information disseminated there, in areas open to the public. Information intended for the public must be disseminated by means adapted to the various disabilities.

“Council of State decrees set for these establishments, by type and by category, the accessibility requirements provided for in Article L. 111-7 and the services that they must provide to disabled people. To facilitate accessibility, new communication technologies and appropriate signage can be used.

“The existing establishments open to the public must meet these requirements within a time limit, set by decree in the Council of State, which may vary by type and category of establishment, without exceeding ten years from the publication of Law no. 2005-102 of February 11, 2005 for equal rights and opportunities, participation and citizenship of people with disabilities.

“These decrees, taken after the opinion of the National Consultative Council for People with Disabilities, specify the exceptional exemptions that may be granted to establishments open to the public after demonstrating the technical impossibility of making accessibility or due to constraints linked to the conservation of the architectural heritage or when there is an obvious disproportion between the improvements made and their consequences.

“These exemptions are granted after the assent of the departmental advisory commission for civil protection, safety and accessibility, and they are necessarily accompanied by replacement measures for establishments open to the public and fulfilling a public service mission. .

“Art. L. 111-7-4. – A Council of State decree defines the conditions under which, upon completion of the work provided for in Articles L. 111-7-1, L. 111-7-2 and L. 111-7-3 and subject to a building permit, the contracting authority must provide the authority which issued this permit with a document certifying that the rules concerning accessibility have been taken into account. This certificate is drawn up by a technical inspector referred to in Article L. 111-23 or by a natural or legal person meeting the competence and independence criteria determined by this same decree. These provisions do not apply to owners building or improving their accommodation for their own use. ”

II. – After article L. 111-8-3 of the same code, an article L.

“Art. L. 111-8-3-1. – The administrative authority may decide to close an establishment open to the public which does not meet the requirements of Article L. 111-7-3. ”

III. – Article L. 111-26 of the same code is supplemented by a paragraph worded as follows:

“In the cases provided for in the first paragraph, the technical control also covers compliance with the rules relating to accessibility for disabled people. ”

IV. – A public authority may not grant a subsidy for the construction, extension or transformation of the shell of a building subject to the provisions of Articles L. 111-7-1, L. 111-7-2 and L. 111 -7-3 of the construction and housing code only if the client has produced a file relating to accessibility. The authority which granted a subsidy requires reimbursement if the contracting authority is unable to provide it with the certificate provided for in article L. 111-7-4 of the said code.

V. – Training in accessibility to the built environment for disabled people is compulsory in the initial training of architects and professionals in the built environment. A Council of State decree specifies the diplomas concerned by this obligation.

Article 42

Article L. 123-2 of the Construction and Housing Code is supplemented by a sentence worded as follows:

“These additional measures must take into account the particular needs of people with disabilities or reduced mobility. ”

Article 43

I. – The first sentence of the second paragraph of article L. 151-1 of the construction and housing code and the first sentence of the first paragraph of article L. 460-1 of the town planning code are completed by the words: “, and in particular those concerning accessibility to disabled people whatever the type of disability”.

II. – The construction and housing code is amended as follows:

1 ° In article L. 152-1, the “references: L. 111-4, L. 111-7” are replaced by the references: “ L. 111-4, L. 111-7 to L. 111-7-4 ”;

2 ° In Article L. 152-3, the words: “in Article L. 152-4 (2nd paragraph)” are replaced by the words: “in the first paragraph of Article L. 152-4” .

III. – Article L.

“Art. L. 152-4. – Is punished with a fine of 45,000 EUR the fact, for the users of the ground, the beneficiaries of the works, the architects, the contractors or any other person responsible for the execution of the works, of disregarding the obligations imposed by the articles L. 111-4, L. 111-7, L. 111-8, L. 111-9, L. 112-17, L. 125-3 and L. 131-4, by the regulations adopted for their application or by authorizations issued in accordance with their provisions. In the event of a repeat offense, the penalty is increased to six months’ imprisonment and a fine of EUR 75,000.

“The penalties provided for in the preceding paragraph are also applicable:

” 1 ° In the event of non-performance, within the prescribed time limits, of all ancillary works of

“2 ° In the event of non-observance, by the beneficiaries of authorizations granted for a limited period or on a precarious basis, of the time limits set for the restoration of the premises to their previous state or the reallocation of the land to its former use.

“As stated in Article L. 480-12 of the Town Planning Code:

” “Without prejudice to the application, where applicable, of the stronger penalties provided for in Articles 433-7 and 433-8 of the penal code, anyone who obstructs the exercise of the right of access provided for in article L. 460-1 will be punished by a fine of EUR 3,750.

“” In addition, imprisonment for one month may be pronounced.

“Natural persons guilty of one of the offenses provided for in this article also incur the additional penalty of posting or broadcasting, by the written press or by any means of audiovisual communication, of the decision pronounced, under the conditions provided for in article 131-35 of the penal code.

“Legal persons may be declared criminally responsible, under the conditions provided for in article 121-2 of the penal code, for breaches of the provisions of article L. 111-7, as well as for the regulations adopted for its application or for the authorizations issued in accordance with their provisions. They incur the following penalties:

“a) The fine, in accordance with the terms set out in article 131-38 of the penal code;

“B) The additional penalty of posting or broadcasting, by the written press or by any audiovisual means of communication, of the pronounced decision, under the conditions provided for in article 131-35 of the same code;

“C) The additional penalty of prohibition, permanently or for a period of five years at most, from directly or indirectly exercising one or more professional or social activities, in accordance with the terms provided for in article 131-48 of the same coded. ”

Article 44

In article 1391 C of the general tax code, after the words: “, low-rent housing organizations”, are inserted the words: “or by semi-public companies whose statutory purpose is the realization or management of housing ”.

Article 45

I. – The travel chain, which includes the built environment, roads, public spaces, transport systems and their intermodality, is organized to allow its accessibility in its entirety to people with disabilities or reduced mobility.

Within ten years from the date of publication of this law, public transport services must be accessible to people with disabilities and reduced mobility.

The competent authorities for the organization of public transport within the meaning of the law n ° 82-1153 of December 30, 1982 of orientation of the internal transport or the Syndicat des transports d’Ile-de-France provided for in article 1 of the ‘Ordinance No. 59-151 of January 7, 1959 relating to the organization of passenger transport in Ile-de-France and, in the absence of an organizing authority, the State, as well as the operators of the aerodromes mentioned in ‘article 1609 quatervicies A of the general tax code and the managers of ferry terminals, the list of which is fixed by decree according to the importance of their traffic, draw up a master plan for the accessibility of the services for which they are responsible, within three years from the publication of this law.

This plan fixes the programming of the accessibility of transport services, within the time limit defined in the second paragraph, and defines the modalities of the accessibility of the different types of transport.

In the event of a proven technical impossibility of making existing networks accessible, means of transport adapted to the needs of people with disabilities or reduced mobility must be made available to them. They are organized and financed by the normally competent transport organizing authority within three years. The cost of alternative transport for disabled users should not exceed the cost of existing public transport.

The existing underground rail transport and guided transport networks are not subject to the time limit provided for in the second paragraph, provided that a master plan is drawn up under the conditions provided for in the third paragraph and that, within three years, be put in place. alternative transport that meets the conditions provided for in the previous paragraph.

Within three years from the publication of this law, the public transport organizing authorities set up a complaint procedure regarding obstacles to the free movement of persons with reduced mobility.

A plan to make the roads and public spaces more accessible is drawn up in each municipality on the initiative of the mayor or, where applicable, the president of the public inter-municipal cooperation establishment. This plan lays down in particular the provisions likely to make accessible to people with disabilities and reduced mobility all pedestrian traffic and car parking areas located on the territory of the municipality or the public establishment of inter-municipal cooperation. This accessibility plan is an integral part of the urban travel plan when it exists.

The granting of public aid promoting the development of collective transport systems is subject to consideration of accessibility.

II. – Any rolling stock acquired during a renewal of equipment or on the occasion of the extension of the networks must be accessible to people with disabilities or reduced mobility. Decrees will specify, for each category of equipment, the modalities of application of this provision.

III. – The first paragraph of article 28 of the law n ° 82-1153 of December 30th, 1982 of orientation of the internal transport is thus modified:

1 ° After the words: “in order to reinforce the social and urban cohesion”, are inserted the words: “and to improve the accessibility of public transport networks to people with disabilities or reduced mobility”;

2 ° It is completed by two sentences worded as follows:

“It also includes a specific appendix dealing with accessibility. This appendix indicates the development and operating measures to be implemented in order to improve the accessibility of public transport networks to people with disabilities and reduced mobility, as well as the corresponding implementation schedule. ”

IV. – The aforementioned law n ° 82-1153 of December 30, 1982 is thus amended:

1 ° In the last paragraph of article 1, after the word: “user”, the words are inserted: “, including people with mobility reduced or suffering from a disability, ”;

2 ° The second paragraph of article 2 is completed by the words: “as well as in favor of their accompanying persons”;

3 ° In the second paragraph of article 21-3, after the words: “associations of public transport users”, the words are inserted: “and in particular associations of disabled people”;

4 ° In the second paragraph of article 22, after the words: “users,” are inserted the words: “and in particular representatives of associations of disabled persons”;

5 ° In the second paragraph of article 27-2, after the words: “associations of public transport users”, the words are inserted: “and in particular associations of disabled people”;

6 ° In the second paragraph of article 30-2, after the words: “associations of public transport users,”, are inserted the words: “and in particular of

7 ° In the first paragraph of article 28-2, after the words: “Representatives of professions and transport users”, are inserted the words: “as well as associations representing people with disabilities or reduced mobility”.

V. – In the third paragraph of Article L. 302-1 of the Construction and Housing Code, the words: “and to promote social diversity” are replaced by the words: “, to promote social diversity and to improve the accessibility of the built environment to people with disabilities ”.

VI. – The terms of application of this article are defined by decree.

Article 46

After article L. 2143-2 of the general code of local authorities, an article L. 2143-3 is inserted as follows:

“Art. L. 2143-3. – In municipalities with 5,000 inhabitants or more, a municipal commission for accessibility to disabled people is created, made up in particular of representatives of the municipality, user associations and associations representing disabled people.

“This commission establishes the state of accessibility of the existing built environment, roads, public spaces and transport. It draws up an annual report presented to the municipal council and makes all useful proposals likely to improve the accessibility of the existing one.

“The report presented to the municipal council is sent to the representative of the State in the department, to the president of the general council, to the departmental advisory council for people with disabilities, as well as to all those in charge of the buildings, installations and workplaces concerned by The report.

“The mayor chairs the commission and decides on the list of its members.

“This commission also organizes a system for listing the supply of accessible housing to people with disabilities.

“Municipalities can create an inter-municipal commission. For all the municipalities concerned, the latter exercises the missions of a municipal commission. This inter-municipal commission is chaired by one of the mayors of the municipalities,

“When the competence in matters of transport or regional planning is exercised within a public establishment of inter-municipal cooperation, the commission for accessibility to people with disabilities must be created within this group. It is then chaired by the president of the establishment. The creation of an intercommunal commission is compulsory for public intercommunal cooperation establishments competent in the field of transport or town and country planning, as soon as they have 5,000 inhabitants or more. ”

Article 47

The online public communication services of State services, local authorities and public establishments which depend on them must be accessible to people with disabilities.

The accessibility of online public communication services concerns access to any type of information in digital form whatever the means of access, content and mode of consultation. International recommendations for internet accessibility should be applied for online public communication services.

A decree in the Council of State sets the rules relating to accessibility and specifies, by reference to the recommendations established by the Agency for the development of electronic administration, the nature of the adaptations to be implemented as well as the implementation deadlines. in accordance with existing sites, which may not exceed three years, and the penalties imposed in the event of non-compliance with this accessibility. The decree also sets out the training procedures for staff working on online public communication services.

Article 48

I. – Any natural or legal person who organizes, by carrying out or having them carried out, holiday activities with accommodation lasting more than five days intended specifically for groups made up of persons with major disabilities must be approved. “Organized adapted holidays”. This approval, the conditions and modalities of attribution and withdrawal of which are fixed by decree of the Council of State, is granted by the regional prefect.

If these activities fall within the scope of Articles 1 and 2 of Law No. 92-645 of July 13, 1992 setting the conditions for exercising activities relating to the organization and sale of trips and stays, this person must also be the holder of the

Establishments and services subject to the authorization provided for in Article L. 313-1 of the Social Action and Family Code which organize vacation stays for their users as part of their activity are exempt from approval.

II. – The prefect of the department in whose jurisdiction the activities defined in I are carried out may, under conditions set by decree in the Council of State, order their immediate cessation or within the time necessary to organize the return of the persons received, when these activities are carried out without approval or when the conditions required by the approval are not met. The control is entrusted to the inspectors of health and social affairs and to the public health doctors of this department.

III. – The fact of engaging in the activity mentioned in I without approval or of continuing to organize a stay which has been terminated in application of II is punished by a fine of 3,750 EUR. Legal persons may be declared criminally responsible, under the conditions provided for in article 121-2 of the penal code, for the offense defined in this article.

The penalties incurred by legal persons are the fine, according to the terms defined by article 131-38 of the penal code, as well as the penalties provided for in 2 °, 4 ° and 9 ° of article 131-39 of the same code, in accordance with the procedures provided for by this same code.

Article 49

4 ° of Article L. 302-5 of the code of construction and housing is supplemented by a sentence:

“In the shelters and living homes for the mentally handicapped, rooms occupied by these people are counted as social rental housing when they have an element of independent living defined by decree. ”

Article 50

Landlord landlords can enter into agreements with establishments or specialized services in order to:

1 ° Determine the necessary modifications to be made to the accommodation to adapt them to the different forms of disability of their tenants;

2 ° Provide for collaboration in order to integrate people with physical disabilities in particular into their homes on the basis of a personalized project.

Article 51

After article L. 221-1 of the town planning code, an article L. 221-1-1 is inserted as follows:

“Art. L. 221-1-1. – The municipalities and groups of municipalities are required to enter in their town planning documents the land reserves corresponding to the equipment provided for by the departmental social and medico-social organization plan mentioned in Article L. 312-4 of the Code of social action and families.

“Decrees issued by the Council of State establish the modalities of application of this article. ”

Article 52

I. – The code of social action and families is thus amended:

1 ° Chapter VI of title IV of book I is entitled: “Institutions relating to disabled people”;

2 ° A section 1 is created in this chapter entitled: “Consultation of disabled people” and comprising articles L. 146-1 and L. 146-2.

II. – The provisions of III of article 1 of law n ° 2002-303 of March 4, 2002 relating to the rights of patients and the quality of the health system are inserted after the third paragraph of article L. 146-1 of the code of social action and families.

III. – Article 1 of the aforementioned law n ° 2002-303 of March 4, 2002 is repealed.

IV. – The provisions of 3 ° of I of this article are applicable to Mayotte and in the French Southern and Antarctic Lands.

V. – In the second paragraph of article L. 146-2 of the code of social action and families, the words: “the departmental commission for special education and the technical commission for orientation and reclassification professional ”are replaced by the words:“ of the departmental house for disabled people provided for in article L. 146-3 ”.

VI. – In the penultimate paragraph of the same article, the words: “technical committees for professional guidance and reclassification, departmental committees for special education” are replaced by the words: “from the committee mentioned in the article L. 146-9 ”.

Article 53

Chapter I of Title I of Book II of the Rural Code is supplemented by a Section 4 worded as follows:

“Section 4

“Educated animals

accompanying disabled people

“Art. L. 211-30. – Dogs accompanying disabled people, regardless of the type of disability, motor, sensory or mental, and whose owners justify the education of the animal are exempt from wearing a muzzle in transport, public places, premises open to the public as well as those allowing a professional, training or educational activity. “

Article 54

Article 88 of Law No. 87-588 of July 30, 1987 on various social measures reads as follows:

“Art. 88. – Access to transport, to places open to the public, as well as to those allowing a professional, training or educational activity is authorized for guide dogs or assistance dogs accompanying persons holding a disability card. provided for in Article L. 241-3 of the Social Action and Families Code.

“The presence of a guide dog or assistance dog alongside the disabled person must not result in additional billing in access to the services and benefits to which the latter can claim. ”

TITLE V

RECEPTION AND INFORMATION FOR PERSONS WITH DISABILITIES, ASSESSMENT OF THEIR NEEDS AND RECOGNITION OF THEIR RIGHTS

Chapter I

National Solidarity Fund for Autonomy

 

 

Article 55

I. – After Chapter IX of Title IV of Book I of the Code of Social Action and Families, a Chapter X is inserted entitled: “National Solidarity Fund for Autonomy”. This chapter includes in particular articles 9 and 11, II of article 12 and article 14 of law n ° 2004-626 of June 30, 2004 relating to solidarity for the autonomy of the elderly and disabled persons who become, respectively, Articles L. 14-10-2, L. 14-10-4, L. 14-10-6 and L. 14-10-8 of the Code of Social Action and Families.

II. – The second paragraph of article L. 14-10-2 of the same code is supplemented by the words: “in particular governed by the collective agreements applicable to the staff of social security organizations”.

III. – 1. At the beginning of the first paragraph of Article L. 14-10-6 of the same code, the words: “From 2004” are deleted, and the words: “referred to in the first paragraph of 3 ° of I “are replaced by the words:” mentioned in II of article L. 14-10-5 “. At the end of the penultimate paragraph of the same article, the words: “of this II” are deleted. In the last paragraph of the same article, the words: “3 ° of I” are replaced by the words: “II of article L. 14-10-5”, and the words: “6 ° of said I” are replaced by the words: “VI of the same article”;

2. In I of article L. 14-10-8 of the same code, the words: “to the sections mentioned in articles 12 and 13” are replaced by the words: “to the sections and sub-sections mentioned in article L. 14-10-5 ”. At the end of II of the same article, the words: “referred to in 3 ° of I of article 12 and 3 ° of article 13” are replaced by the words: “mentioned in II and III of article L. 14-10-5 ”.

IV. – In the eleventh paragraph (10 °) of article L. 3332-2 of the general code of local authorities, the words: “instituted by law n ° 2004-626 of June 30, 2004 relating to solidarity for the autonomy of elderly and disabled people ”are replaced by the words:“ mentioned in article L. 14-10-1 of the code of social action and families ”.

V. – Articles 8, 10 and 13 of the aforementioned law n ° 2004-626 of June 30, 2004 are repealed. For article 13, this repeal takes effect from January 1, 2006.

Article 56

In Chapter X of Title IV of Book I of the Code of Social Action and Families, an article L. 14-10-1 is inserted as follows:

“Art. L. 14-10-1. – I. – The missions of the National Solidarity Fund for Autonomy are:

“1 ° To contribute to the financing of support for the loss of autonomy of the elderly and disabled people, at home and in establishments, in the respect for equal treatment of the persons concerned throughout the territory;

“2 ° To ensure the equitable distribution over the national territory of the total amount of expenditure mentioned in Article L. 314-3, in particular by ensuring that all needs are taken into account, for all categories of disabilities ;

“3 ° To ensure a role of technical expertise and proposal for the national benchmarks for assessing deficiencies and loss of autonomy, as well as for the methods and tools used to assess individual compensation needs;

“4 ° To ensure a role of expertise and support in the development of the national plans mentioned in Article L. 312-5 and the interdepartmental support programs for disability and loss of autonomy mentioned in Article L. 312-5-1;

“5 ° To contribute to information and advice on technical aids which aim to improve the autonomy of the elderly and disabled, to contribute to the evaluation of these aids and to ensure the quality of the conditions of their distribution;

“6 ° To ensure an exchange of experiences and information between the departmental houses of disabled people mentioned in Article L. 146-3, to disseminate good individual needs assessment practices and to ensure the fairness in the treatment of compensation claims;

“7 ° To participate, with other competent institutions and administrations, in the definition of indicators and tools for collecting anonymized data, in order to measure and analyze the loss of autonomy and the compensation needs of the elderly. and disabled;

“8 ° To participate, with the other competent institutions and administrations, in the definition and launch of

“9 ° To ensure cooperation with foreign institutions having the same purpose.

“II. – The competent state authority concludes with the National Solidarity Fund for Autonomy an objective and management agreement comprising reciprocal commitments of the signatories. It specifies in particular, for the duration of its execution:

“1 ° The objectives linked to the implementation of the legislative and regulatory provisions which govern the area of ​​competence of the fund;

“2 ° The priority objectives in terms of compensation for handicaps and loss of autonomy, in particular in terms of the creation of new places and equipment;

“3 ° The objectives set for the competent State authorities at local level for the implementation of the provisions of Article L. 314-3;

“4 ° The methods and criteria for evaluating the results obtained with regard to the objectives set;

“5 ° The rules for calculating and changing the management costs of the fund.

“The objectives and management agreement is concluded for a minimum period of four years. It is signed, on behalf of the fund, by the chairman of the board and by the director.

“III. – A decree establishes the nature and content of the agreements which organize the relations between the National Solidarity Fund for Autonomy and the national health and old-age insurance organizations and in particular the regular exchanges of information relating to the action of the fund. ”

Article 57

In Chapter X of Title IV of Book I of the Code of Social Action and Families, an article L. 14-10-3 is inserted as follows:

“Art. L. 14-10-3. – I. – The National Solidarity Fund for Autonomy has a council and a director. A scientific council assists the council and the director in defining the orientations and carrying out the actions of the fund.

“II. – The council is made up of:

“1 ° Representatives of associations working at national level in favor of disabled people and the elderly;

“2 ° Representatives of the general councils;

“3 ° Representatives of national trade union organizations of representative employees within the meaning of Article L. 133-2 of the Labor Code and representatives appointed by the national professional organizations of representative employers;

“4 ° Representatives of the State;

“5 ° Parliamentarians;

“6 ° Personalities and representatives of institutions chosen on the basis of their qualification in the areas of competence of the fund.

“The Chairman of the Board is appointed by the Board from among the qualified individuals mentioned in the previous paragraph. He is appointed by decree of the minister responsible for social protection.

“The director attends council meetings in an advisory capacity.

“A Council of State decree specifies the composition of the council, the method of appointing its members and its operating procedures.

“III. – The board of the National Solidarity Fund for Autonomy determines, through its deliberations:

“1 ° The implementation of the orientations of the objectives and management agreement mentioned in II of article L. 14-10- 1 and the guidelines of the conventions mentioned in III of the same article;

“2 ° The objectives to be pursued, in particular within the framework of the agreements with the departments mentioned in Article L. 14-10-7, to guarantee the equality of individual needs assessment practices and to improve the quality of the services provided disabled people and dependent elderly people;

“3 ° The principles according to which the total annual amount of expenditure mentioned in Article L. 314-3 must be distributed;

“4 ° The orientations of the relations of the fund with the other institutions and organizations, national or foreign, which work in its field of competence.

“The board is periodically kept informed by the director of the implementation of the orientations that he has defined and formulates, as necessary, the recommendations that he considers necessary for their completion.

“The Board also deliberates, on the proposal of the director:

“ 1 ° On the provisional accounts of the fund, presented in accordance with the provisions of article L. 14-10-5;

“2 ° On the report mentioned in VI of this article.

“IV. – The director of the National Solidarity Fund for Autonomy is appointed by decree.

“He is responsible for the proper functioning of the fund, prepares the deliberations of the board and implements their execution. As such, he takes all necessary decisions and exercises all the powers that are not attributed to another authority.

“He reports to the board on the management of the fund.

“The director informs the board of the fund of changes likely to lead to non-compliance with the objectives determined by the latter.

“As part of a written adversarial procedure, and to ensure compliance with the laws and regulations applicable to the payment of allocations to the departments, the director may ask the departments for the explanations and supporting documents necessary for the analysis of the data transmitted to the department. cash register in application of articles L. 232-17 and L. 247-5.

“The director represents the fund in court and in all civil acts. He signs the contracts, agreements and transactions within the meaning of Article 2044 of the Civil Code, is the authorizing officer of the expenses and receipts of the fund and covers the financial account. He recruits staff and has authority over them. He can delegate his signature.

“V. – The scientific council may be referred by the council or by the director of any question of a technical or scientific nature which falls within the field of competence of the fund, in particular within the framework of the missions mentioned in 3 °, 4 ° and 5 ° of I of article L. 14-10-1.

“The composition of this council as well as the conditions for the designation of its members and the modalities of its functioning are fixed by decree in Council of State.

“VI. – The National Solidarity Fund for Autonomy transmits, each year, to Parliament and the Government, no later than October 15, a report presenting the provisional accounts of the Fund for the current year and the following year as well as the use of the resources allocated to each of the sections mentioned in article L. 14-10-5. This report details in particular the distribution of assistance paid to the departments in application of the same article. It provides an overall diagnosis of the conditions for taking charge of the loss of autonomy on the national territory and includes, if applicable, any recommendation that the fund considers necessary. ”

Article 58

I. – After article L. 312-5 of the code of social action and families, an article L. 312-5-1 is inserted as follows:

“Art. L. 312-5-1. – For the establishments and services mentioned in 2 °, 3 °, 5 °, 6 ° and 7 ° of I of article L. 312-1, as well as for those mentioned in 11 ° and 12 of said I which receive people elderly or disabled people, the representative of the State in the region establishes, in conjunction with the prefects of the departments concerned, and updates annually an interdepartmental support program for handicaps and loss of autonomy.

“This program establishes, for the part of the services financed by a pricing decision of the competent State authority, the funding priorities for the creation, extensions or transformations of establishments or services at regional level.

“These priorities are established and updated on the basis of national, regional and departmental social and medico-social organization plans mentioned in article L. 312-5. They also ensure:

“1 ° The taking into account of the guidelines set by the representative of the State in application of the sixth paragraph of the same article;

“2 ° A geographically equitable level of support for the various forms of disability and dependence;

“3 ° Support for low-prevalence handicaps, in particular with regard to the provisions of national social and medico-social organization schemes;

“4 ° The articulation of health care and medico-social services at the regional level, in particular to take into account the establishments mentioned in 2 ° of article L. 6111-2 of the public health code.

“The interdepartmental program is updated taking into account changes in departmental social and medico-social organization schemes.

“The interdepartmental program is established and updated by the representative of the State in the region after consulting the competent section of the regional committee for social and medico-social organization. It is sent for information to the presidents of the general council. ”

II. – In the fifth paragraph (4 °) of Article L. 313-4 of the same code, the words: “Has an operating cost” are replaced by the words: “Is compatible, when it does, with the program interdepartmental mentioned in article L. 312-5-1, and has an operating cost ”.

Article 59

I. – Article L. 314-3 of the code of social action and families is replaced by two articles L. 314-3 and L. 314-3-1 as follows:

“Art. L. 314-3. – I. – The financing of the services provided by the establishments and services mentioned in Article L. 314-3-1 which are the responsibility of social security bodies is subject to an expenditure target.

“This objective is set each year by decree of the ministers responsible for social security, social action, the economy and the budget based, on the one hand, on a contribution from health insurance schemes set by the same decree within the national health insurance expenditure target voted by Parliament and, on the other hand, the estimated amount of the products mentioned in 1 ° and 2 ° of the

“It takes into account the impact of any changes to the pricing rules for services, as well as that of changes in the funding regime of the establishments and services concerned.

“On the basis of this objective, and after deducting the portion mentioned in Article L. 162-43 of the Social Security Code, the same ministers decide, within the fifteen days following the publication of the financing law of social security, the total annual amount of expenditure taken into account for the calculation of the global allocations, fixed prices, daily prices and tariffs relating to the services mentioned in the first paragraph.

“II. – The total annual amount mentioned in the last paragraph of I is distributed by the National Solidarity Fund for Autonomy in limited regional allocations.

“The amounts of these grants are set according to the needs of disabled and dependent elderly people, as they result from the interdepartmental programs mentioned in Article L. 312-5-1, and the priorities defined at national level in terms of ‘support for disabled and elderly people. They include the objective of gradually reducing inequalities in the allocation of resources between regions, and can therefore take into account the activity and the average cost of establishments and services.

“III. – For those of the establishments and services mentioned in Article L. 314-3-1, the price of which is set by the State representative in the department, in accordance with the priorities of the interdepartmental program and for the sake of coordination health care and medico-social services, the representative of the State in the region, in conjunction with the director of the regional hospitalization agency, the director of the regional health insurance fund and the representatives of the State in the departments, proposes to the National Solidarity Fund for Autonomy a distribution of the regional allocation mentioned in II in limited departmental allocations.

“The National Solidarity Fund for

“Under the same conditions, these departmental allocations can be divided into allocations allocated to certain categories of beneficiaries or to certain services.

“Art. L. 314-3-1. – Fall within the objective managed, in application of article L. 314-3, by the National Solidarity Fund for Autonomy:

“1 ° The establishments and services mentioned in 2 °, 3 °, b of 5 ° and 7 ° of I of Article L. 312-1;

“2 ° The establishments and services mentioned in 11 ° and 12 ° of I of the same article which welcome disabled or elderly dependent people;

“3 ° The establishments mentioned in 6 ° of I of article L. 312-1 of this code and in 2 ° of article L. 6111-2 of the public health code. ”

II. – At the end of the second paragraph of article L. 174-5 of the social security code, the words: “defined in article L. 174-1-1 of this code” are replaced by the words: ” defined in Article L. 314-3 of the Social Action and Families Code ”.

Article 60

I. – It is inserted, in chapter X of title IV of book I of the code of social action and families, an article L. 14-10-5 as follows:

“Art. L. 14-10-5. – The National Solidarity Fund for Autonomy traces its resources and costs in six distinct sections as follows:

“I. – A section devoted to the financing of the social and medico-social establishments or services mentioned in Article L. 314-3-1, which is divided into two subsections.

“1. The first sub-section relates to the establishments and services mentioned in 1 ° of Article L. 314-3-1 and those in 2 ° of the same article which mainly accommodate disabled people. She traces:

“A) In resources, a fraction at least equal to 10% and at most equal to 14% of the product of the contributions referred to in 1 ° and 2 ° of Article L. 14-10-4, as well as the share of the contribution from health insurance schemes, mentioned in the second paragraph of I of Article L. 314-3, which is intended to finance these establishments or services;

“B) In expenses, reimbursement to health insurance plans of expenses relating to the reception of their members in these establishments or services.

“2. The second sub-section relates to the establishments and services mentioned in 3 ° of article L. 314-3-1 and those in 2 ° of the same article which mainly accommodate elderly people. She traces:

“A) In resources, 40% of the income from the contributions referred to in 1 ° and 2 ° of Article L. 14-10-4, as well as the share of the contribution of health insurance schemes, mentioned in the second paragraph of I of Article L. 314-3, which is intended to finance these establishments or services;

“B) In expenses, reimbursement to health insurance plans of expenses relating to the reception of their members in these establishments or services.

“The accounting operations relating to the income and expenses of this section are carried out simultaneously with the closing of the accounts for the financial year.

“II. – A section devoted to the personalized autonomy allowance service mentioned in Article L. 232-1. She traces:

“A) In resources, 20% of the product of the contributions referred to in 1 ° and 2 ° of article L. 14-10-4, the product mentioned in 4 ° of the same article and the product of the general social contribution mentioned in 3 ° of the same article, reduced by the amount mentioned in IV of this article;

“B) In expenses, a contribution paid to the departments within the limit of the resources mentioned in a, intended to cover part of the cost of the personalized allowance of autonomy. The amount of this assistance is distributed according to the terms set out in Article L. 14-10-6.

“III. – A section devoted to the compensation service mentioned in article L. 245-1. She traces:

“A) In resources, a fraction at least equal to 26% and at most equal to 30% of the income from the contributions referred to in 1 ° and 2 ° of Article L. 14-10-4;

“B) In expenses, a contribution paid to the departments within the limit of the resources mentioned in a, intended to cover part of the cost of the compensation service and a contribution paid for the installation or the functioning of the departmental houses of the handicapped people. The amounts of this assistance are distributed according to the methods provided for in article L. 14-10-7.

“Before deducting contributions to the sections mentioned in V and VI, all the resources intended for disabled people, either for establishments and services financed by the sub-section mentioned in 1 of I, or for this section, must total 40% of the income from the contributions referred to in 1 ° and 2 ° of Article L. 14-10-4.

“IV. – A section devoted to the promotion of innovative actions and to the strengthening of the professionalization of service professions in favor of the elderly. It traces:

“a) In resources, a fraction of the product referred to in 3 ° of article L. 14-10-4, fixed by joint order of the ministers responsible for social action, social security and the budget, which may not be less than 5% nor greater than 12% of this product;

“B) In charges, the financing of expenditure on modernization of services or professionalization of trades which provide the homes of dependent elderly people with assistance in the daily acts of life, as well as expenditure on training and qualification of recruited nursing staff within the framework of the medicalization measures of the establishments and services mentioned in 3 ° of article L. 314-3-1.

“The projects financed by this section must be approved by the competent authority of the State, which collects, if necessary, in the cases and conditions set by regulation, the prior opinion of the National Solidarity Fund for Autonomy .

“V. – A section devoted to the financing of other expenses in favor of disabled people and dependent elderly people, which traces the financing of other actions that fall within the field of competence of the fund, in particular the expenses of animation and prevention, and the costs of studies in the fields of action of the fund:

“a) For the elderly, these charges are traced in a specific sub-section supplemented by a fraction, fixed by decree of the ministers responsible for elderly people and the budget, resources provided for in a of 2 of I;

“B) For disabled people, these charges are traced in a specific sub-section supplemented by a fraction, fixed by decree of the ministers responsible for disabled people and the budget, of the resources provided for in a of III.

“VI. – A section devoted to the management fees of the fund. The expenses of this section are financed by a deduction from the resources mentioned in 1 ° to 4 ° of article L. 14-10-4, distributed among the preceding sections in proportion to the amount of resources allocated to them.

“By way of derogation from I of article L. 14-10-8, the carry-overs may be allocated, in whole or in part, to other sections, by order of the ministers responsible for the elderly, the disabled and the budget after opinion of the council of the National Solidarity Fund for Autonomy. ”

II. – Article L. 14-10-4 of the same code is supplemented by a 5 ° worded as follows:

“5 ° The contribution of health insurance schemes mentioned in the second paragraph of article L. 314-3. This contribution is distributed among the plans in proportion to the charges attributable to them under I of Article L. 14-10-5. ”

Article 61

It is inserted, in chapter X of title IV of book I of the code of social action and families, an article L. 14-10-7 as follows:

“Art. L. 14-10-7. – I. – The contributions mentioned in III of Article L. 14-10-5 are distributed among the departments according to the terms set by decrees of the Council of State taken after consultation with the National Solidarity Fund for Autonomy, according to all or part of the following criteria:

“A) The number of beneficiaries in the department, for the past year, of the compensation service mentioned in Article L. 245-1, corrected, in the event of a significant variation, by the value of this number on previous years. For the years during which this service was not or not exclusively in force, this number is increased by the number of beneficiaries of the compensatory allowance mentioned in Article L. 245-1 in its wording prior to the entry into force. in force of law n ° 2005-102 of February 11, 2005 for equal rights and opportunities, participation and citizenship of people with disabilities;

“B) The characteristics of the beneficiaries and of the individual amounts of compensation benefits which have been paid for the past year, and in particular the number of beneficiaries of large allowances;

“C) The number of beneficiaries of the services provided for in Articles L. 341-1, L. 821-1 and L. 821-2 of the Social Security Code;

“D) The number of beneficiaries of the allowance provided for in Article L. 541-1 of the Social Security Code;

“E) The adult population of the department whose age is below the limit set in application of I of article L. 245-1 of this code;

“F) The tax potential, determined according to the terms defined in article L. 3334-6 of the general code of local authorities.

“The payment of the assistance relating to the installation and operation of departmental homes is made in accordance with an agreement between the National Solidarity Fund for Autonomy and the department concerned, aimed at defining service quality objectives for the home. department of disabled people and to take stock of the achievement of previous objectives.

“II. – The ratio between, on the one hand, the expenses incurred for the compensation service of each department after deduction of the amount distributed in accordance with I and, on the other hand, their tax potential may not be greater than a rate set by regulatory route. The expenses corresponding to the fraction of this ratio which exceeds this threshold are fully covered by the fund.

“The allocation resulting from the operation defined in I for departments other than those having benefited from an additional allocation under the previous paragraph is reduced by the sum of the amounts thus calculated, in proportion to the allocation made in application of the said paragraph only between these departments.

“The operations described in the two preceding paragraphs are renewed until the expenses left to the charge of each department no longer exceed the threshold defined in the first paragraph of this II. ”

Article 62

I. – The code of social action and families is thus amended:

1 ° In the fourth paragraph of I of article L. 312-3, the words: “which is transmitted, as the case may be,” are replaced by the words: “which is transmitted to the National Solidarity Fund for Autonomy as well as, as the case may be,”;

2 ° In the fourth paragraph of Article L. 312-5, the words: “are decided by the Minister of Social Affairs” are replaced by the words: “are stopped, on the proposal of the National Solidarity Fund for Autonomy when they come within its field of competence, by the Minister of Social Affairs ”;

3 ° Before the last paragraph of Article L. 451-1, a paragraph worded as follows is inserted:

“The National Solidarity Fund for Autonomy mentioned in Article L. 14-10-1 participates in the work relating to the definition and content of training courses which concern salaried and non-salaried personnel engaged in the prevention and compensation of disabilities and loss of autonomy. ”

II. – The last paragraph of I of article L. 162-17-3 of the social security code is supplemented by the words: “as well as a representative of the National Solidarity Fund for Autonomy mentioned in article L. 14-10-1 of the code of social action and families ”.

Article 63

Health insurance coverage is provided without distinction relating to age or disability, in accordance with the principles of national solidarity and universality set out in Article L. 111-1 of the Social Security Code. .

Chapter II

Departmental houses for disabled people

 

 

Article 64

Chapter VI of Title IV of Book I of the Code of Social Action and Families is supplemented by two Sections 2 and 3 worded as follows:

“Section 2

“Departmental homes for disabled people

“Art. L. 146-3. – In order to offer unique access to the rights and services mentioned in Articles L. 241-3, L. 241-3-1 and L. 245-1 to L. 245-11 of this code and in Articles L. 412- 8-3, L. 432-9, L. 541-1, L. 821-1 and L. 821-2 of the social security code, to all the possibilities of support in access to training and employment and referral to establishments and services as well as facilitating the procedures for people with disabilities and their families, a departmental center for people with disabilities has been created in each department.

“The departmental house of disabled people performs a mission of welcoming, informing, supporting and advising disabled people and their families, as well as raising awareness of all citizens about disability. It sets up and organizes the functioning of the multidisciplinary team mentioned in article L. l46-8 of the committee on the rights and autonomy of people with disabilities provided for in article L. 146-9, of the procedure of internal conciliation provided for in Article L. 146-10 and designates the contact person mentioned in Article L. 146-13. The departmental house for disabled people provides disabled people and their families with the help they need to formulate their life plan, help necessary for the implementation of decisions taken by the committee on the rights and autonomy of people with disabilities, the support and mediations that this implementation may require. It provides the necessary support for disabled people and their families after the announcement and during the development of their disability.

“For the exercise of its missions, the departmental house of disabled people can rely on municipal or inter-municipal social action centers or organizations providing assessment and support services for the needs of disabled people with whom it pass convention.

“The departmental house for people with disabilities organizes coordination actions with other health and medico-social systems for people with disabilities.

“A referent for professional integration is appointed within each departmental center for disabled people.

“Each departmental house collects and transmits the data mentioned in article L. 247-2, as well as the data relating to the follow-up reserved for the orientations pronounced by the commission of rights for the autonomy of disabled people, in particular to establishments and services likely to welcome or support the people concerned.

“Art. L. 146-4. – The departmental house for disabled people is a public interest group, for which the department provides administrative and financial supervision.

“The department, the State and the local health insurance and family allowance organizations of the general social security system defined in Articles L. 211-1 and L.

“Other legal persons may apply to be members, in particular legal persons representing organizations managing establishments or services intended for disabled people, those ensuring a coordination mission in their favor and other legal persons participating in the financing of the departmental compensation fund provided for in article L. 146-5 of this code.

“The departmental house for disabled people is administered by an executive commission chaired by the president of the general council.

“In addition to its president, the executive committee includes:

“ 1 ° Members representing the department, appointed by the president of the general council, for half of the positions to be filled;

“2 ° Members representing associations of people with disabilities, appointed by the departmental advisory council for people with disabilities, for a quarter of the positions to be filled;

“3 ° For the remaining quarter of the members:

” a) State representatives appointed by the State representative in the department and by the competent rector of the academy;

“B) Representatives of local health insurance and family allowances organizations under the general system, defined in Articles L. 211-1 and L. 212-1 of the Social Security Code;

“C) Where applicable, representatives of the other members of the group provided for in the constituting agreement of the group.

“The decisions of the departmental house for disabled people are taken by majority vote. In the event of an equal division of votes, that of the president is preponderant.

“The director of the departmental house for disabled people is appointed by the president of the general council.

“The constitutive agreement of the group specifies in particular the terms of membership and withdrawal of members and the nature of the assistance provided by them.

“In the absence of signature of the constitutive agreement on January 1, 2006 by all the members provided for in 1 ° to 3 ° above, the president of the general council may decide the entry into force of the agreement between only part of the aforesaid members. In the event of failure of the latter, the representative of the State in the department decides on the content of the constitutive agreement in accordance with the provisions of a basic agreement defined by decree of the Council of State.

“The staff of the departmental house for disabled people includes:

” 1 ° Staff made available by the parties to the constitutive agreement;

“2 ° Where applicable, civil servants governed by the general statute of the State civil service, of the territorial civil service or of the hospital public service, placed on secondment;

“3 ° Where applicable, contractual agents of public law, recruited by the departmental house of disabled people, and subject to the provisions applicable to non-tenured agents of the territorial civil service;

“4 ° Where applicable, contractual agents under private law, recruited by the departmental house for disabled people.

“Art. L. 146-5. – Each departmental house for disabled people manages a departmental disability compensation fund responsible for granting financial aid intended to enable disabled people to meet the compensation costs remaining at their expense, after deduction of the compensation benefit mentioned in l Article L. 245-1. Contributors to the departmental fund are members of the management committee. This committee is responsible for determining the use of the sums paid by the fund. The departmental house for disabled people reports to the various contributors on the use of the resources of the departmental compensation fund.

“The compensation costs remaining payable by the beneficiary of the service provided for in article L. 245-6 may not, within the limits of the rates and amounts referred to in the first paragraph of said article, exceed 10% of his personal resources net of ‘taxes under conditions defined by decree.

“The department, the State, other local authorities, health insurance organizations, family allowance funds, organizations governed by the mutual insurance code, the association mentioned in article L. 323-8 -3 of the labor code, the fund provided for in article L. 323-8-6-1 of the same code and the other legal persons concerned may participate in the financing of the fund. An agreement between the members of its management committee provides for its terms of

“Art. L. 146-6. – Departmental homes for disabled people can work in conjunction with local information and coordination centers.

“Art. L. 146-7. – The departmental house for disabled people provides, for emergency calls, a free toll-free telephone number for the caller, including from a mobile terminal.

“The departmental house of disabled people periodically produces and distributes an information booklet on the rights of disabled people and the fight against mistreatment.

“Art. L. 146-8. – A multidisciplinary team assesses the compensation needs of the disabled person and his permanent incapacity on the basis of his life plan and references defined by regulation and proposes a personalized disability compensation plan. It hears, either on its own initiative or when they request it, the disabled person, his parents when he is a minor, or his legal representative. As soon as he is capable of discernment, the disabled child himself is heard by the multidisciplinary team. The multidisciplinary team goes to the person’s place of life either on its own initiative or at the request of the disabled person. During the assessment, the disabled person, his parents or legal representative may be assisted by a person of their choice. The composition of the multidisciplinary team may vary depending on the nature of the handicap (s) of the disabled person whose compensation needs or permanent incapacity it is assessing.

“The multidisciplinary team requests, as necessary and when the persons concerned so request, the assistance of the establishments or services referred to in 11 ° of I of Article L. 312-1 or of the centers designated as reference centers for a rare disease or a group of rare diseases.

“Art. L. 146-9. – A committee on the rights and autonomy of people with disabilities takes, on the basis of the evaluation carried out by the multidisciplinary team mentioned in article L. 146-8, the wishes expressed by the disabled person or his legal representative in his life plan and the compensation plan proposed under the conditions provided for in Articles L. 114-1 and L. 146-8, the decisions relating to all the rights of this person, in particular with regard to the allocation of services and guidance, in accordance with the provisions of Articles L. 241-5 to L. 241-11.

“Art. L. 146-10. – Without prejudice to the remedies mentioned in article L. 241-9, when a disabled person, his parents if he is a minor, or his legal representative consider that a decision of the committee mentioned in article L. 146-9 disregards its rights, they can request the intervention of a qualified person responsible for proposing conciliation measures. The list of qualified people is drawn up by the departmental house for disabled people.

“The initiation of a conciliation procedure suspends the appeal periods.

“Art. L. 146-11. – A nursing care watch team has been created within the departmental house for disabled people, whose mission is:

“1 ° L ‘

“2 ° The establishment of mechanisms to respond to them;

“3 ° The management of an emergency intervention service for disabled people.

“This team can be approached by the attending physician with the agreement of the disabled person or by the person himself. Within ten days of the date of submission of the application, the team carries out a precise assessment of the support needs of the person in nursing care and proposes adapted solutions. In the event of a failure, it intervenes with the existing care services so that a rapid solution can be found.

“Art. L. 146-12. – The terms of application of this section are determined by decree of the Council of State.

“Section 3

“Amicable handling of disputes

“Art. L. 146-13. – To facilitate the implementation of the rights set out in Article L. 114-1 and without prejudice to existing remedies, a contact person is appointed within each departmental center for disabled people. Its mission is to receive and direct individual complaints from disabled people or their representatives to the competent services and authorities.

“Complaints involving an administration, a local authority, a public establishment or any other body invested with a public service mission are transmitted by the referent person to the Mediator of the Republic, in accordance with his powers defined by law no. 73-6 of January 3, 1973 establishing a Mediator of the Republic.

“Complaints involving a legal or natural person governed by private law who do not have a public service mission are transmitted by the referent either to the competent authority or to the competent inspection and control body. . ”

Chapter III

Cards allocated to disabled people

 

 

Article 65

I. – Article L. 241-3 of the Social Action and Families Code is worded as follows:

“Art. L. 241-3. – A disability card is issued permanently or for a period determined by the committee mentioned in article L. 146-9 to any person whose rate of permanent disability is at least 80%, assessed according to benchmarks defined by regulation, or which has been classified in the 3rd category of social security invalidity pension. This card allows in particular to obtain priority access to seats in public transport, in waiting areas and rooms as well as in establishments and events open to the public, both for its holder and for the person who accompanies him in his travels. It also makes it possible to obtain priority in the queues. This provision must be recalled by a clear and visible display in the places where this right is exercised. ”

II. – Article L. 241-3-1 of the same code reads as follows:

“Art. L. 241-3-1. – Anyone with a disability of less than 80% making standing difficult receives, for a fixed period, a card bearing the words: “Priority for disabled person. This card is issued on request by the commission mentioned in the article. L. 146-9 It allows priority access to seats in public transport, in waiting areas and rooms as well as in establishments and events open to the public. obtain priority in the queues. ”

III. – Article L. 241-3-2 of the same code is amended as follows:

“Anyone, including persons covered by the code of military invalidity pensions and victims of war and of the social security code, suffering from a handicap which significantly and lastingly reduces their capacity and autonomy to travel on foot or who requires that she be accompanied by a third party when traveling, may receive a disabled parking card. This card is issued by the prefect in accordance with the opinion of the doctor responsible for examining the application.

“Organizations using a vehicle intended for the collective transport of disabled people can receive a parking card for disabled people. “;

2 ° It is completed by a paragraph worded as follows:

“A decree in the Council of State sets the conditions for the application of this article. ”

IV. – Point 3 of article L. 2213-2 of the general code of local authorities reads as follows:

“3 ° Reserve on public roads or in any other parking place open to the public parking spaces fitted out for vehicles used by persons holding the parking card provided for in Article L. 241-3-2 of the Social Action and Families Code. ”

Chapter IV

Committee on the Rights and Autonomy

of Persons with Disabilities

 

 

Article 66

After Chapter I of Title IV of Book II of the Code of Social Action and Families, a Chapter I bis is inserted as follows:

“Chapter I bis

“Commission for the Rights

and Autonomy of People with Disabilities

“Art. L. 241-5. – The committee on the rights and autonomy of people with disabilities includes representatives of the department, state services, social protection bodies, trade unions, parents’ associations and, for at least one third of its members, representatives of people with disabilities and their families appointed by representative associations, and one member of the departmental advisory council for people with disabilities. Representatives of organizations managing establishments or services sit on the committee in an advisory capacity.

“The president of the committee is appointed every two years by the members of the committee within it.

“The Committee on the Rights and Autonomy of People with Disabilities sits in plenary formation and can be organized into local or specialized sections.

“When sections are set up, they must include among their members one third of representatives of people with disabilities and their families.

“The decisions of the committee are taken after a vote of the members of the committee. The methods and rules of majority voting, which may be specific to each decision depending on its nature, are set by decree of the Council of State. When the decision concerns the allocation of the compensation benefit, the majority of votes is held by the representatives of the General Council.

“The Commission for the Rights and Autonomy of People with Disabilities may adopt, under conditions set by decree in the Council of State, a simplified decision-making procedure and appoint from among its members the members empowered to implement it, except opposition from the disabled person concerned or their legal representative.

“Art. L. 241-6. – I. – The Committee on the Rights and Autonomy of People with Disabilities is responsible for:

“1 ° Deciding on the orientation of the disabled person and the measures to ensure his educational or professional and social integration;

“2 ° Designate the establishments or services corresponding to the needs of the child or adolescent or contributing to the rehabilitation, education, reclassification and reception of disabled adults and able to to welcome ;

“3 ° Appreciate:

“A) If the state or degree of incapacity of the disabled person justifies the allocation, for the child or adolescent, of the allowance and, possibly, of its supplement mentioned in Article L. 541 -1 of the social security code, the increase mentioned in article L. 541-4 of the same code, as well as the disability card and the card bearing the words: “Priority for disabled persons respectively provided for in articles L. 241-3 and L. 241-3-1 of this code and, for adults, the allowance provided for in articles L. 821-1 and L. 821-2 of the social security code and additional resources provided for in Article L. 821-1-1 of the same code, as well as the disability card and the card bearing the mention: “Priority for disabled persons provided for respectively in Articles L. 241-3 and L. 241-3-1 of this code;

“B) If the compensation needs of the child or the disabled adult justify the award of the compensation benefit under the conditions provided for in Article L. 245-1;

“C) If the working capacity of the disabled person justifies the allocation of the additional resources mentioned in Article L. 821-1-1 of the Social Security Code;

“4 ° Recognize, if applicable, the status of disabled worker to persons meeting the conditions defined by Article L. 323-10 of the Labor Code;

“5 ° Decide on the support of disabled people over the age of sixty accommodated in structures for disabled adults.

“II. – The decisions of the committee are, in all cases, reasoned and are subject to periodic review. The frequency of this review and its terms, particularly with regard to the reversible or non-reversible nature of the disability, are set by decree.

“III. – When it decides on the orientation of the disabled person and when it designates the establishments or services likely to welcome him, the commission of the rights and the autonomy of the disabled persons is required to propose to the disabled person or , if necessary, to his parents or his legal representative a choice between several adapted solutions.

“The decision of the commission taken under 2 ° of I is binding on any establishment or service within the limit of the specialty for which it was authorized or approved.

“When the parents or the legal representative of the disabled child or adolescent or the disabled adult or his legal representative make known their preference for an establishment or a service falling within the category of those to which the committee has decided to guide and able to accommodate it, the committee is required to include this establishment or service among those it designates, regardless of its location.

“Exceptionally, the committee can designate a single establishment or service.

“When the evolution of his condition or situation justifies it, the disabled adult or his legal representative, the parents or the legal representative of the disabled child or adolescent or the establishment or service may request the revision of the orientation decision taken by the commission. The establishment or service may not terminate, on its own initiative, the support without a prior decision by the committee.

“Art. L. 241-7. – The disabled adult person, where applicable his legal representative, the parents or the legal representative of the disabled child or adolescent are consulted by the Committee on the Rights and Autonomy of Persons with Disabilities. They can be assisted by a person of their choice or be represented.

“The commission checks whether the handicap or one of the handicaps referred to it is of low prevalence and whether, if so, the multidisciplinary team has consulted as much as necessary the specialized center of competence referred to in article L 146-8 and took his advice into account.

“Art. L. 241-8. – Provided that the conditions for entitlement to benefits are met, the decisions of the bodies responsible for covering the costs incurred in the establishments and services and those of the bodies responsible for the payment of allowances and their supplements provided for in articles L. 541-1 and L. 821-1 to L. 821-2 of the social security code and the compensation benefit provided for in article L. 245-1 of this code are taken in accordance with the decision of the commission on the rights and autonomy of people with disabilities.

“The organization cannot refuse support for the establishment or the service, as long as it is among those designated by the commission, for which the parents or the legal representative of the child or of the disabled teenagers express their preference. He may grant provisional support before any decision of the committee.

“Art. L. 241-9. – Decisions falling under 1 ° of I of Article L. 241-6 taken with regard to a disabled child or adolescent, as well as those falling under 2 ° and 3 ° of I of the same article may make the ‘subject to appeal before the technical litigation jurisdiction of social security. This appeal, open to any person and to any interested body, has no suspensive effect, except when it is brought by the disabled person or his legal representative against decisions falling under 2 ° of I of article L. 241-6.

“Decisions falling under 1 ° of I of the same article, taken with regard to a disabled adult, and 4 ° of I of said article may be appealed against before the administrative court.

“Art. L. 241-10. – The members of the multidisciplinary team and of the committee respectively mentioned in articles L. 146-8 and L. 146-9 are bound by professional secrecy under the conditions provided for in articles 226-13 and 226-14 of the penal code.

“Art. L. 241-11. – Unless otherwise provided, the terms of application of this section are determined by decree of the Council of State. ”

Article 67

I. – In the second paragraph of article L. 121-4 of the social action and families code, the words: “and in article L. 323-11 of the labor code, reproduced in article L. 243-1 of this code ”are replaced by the words:“ and in article L. 146-9 ”.

II. – Chapter II of Title IV of Book II of the same Code is thus amended:

1 ° It is entitled: “Disabled Childhood and Adolescence”;

2 ° Section 1 and section 2 constitute a section 1 entitled: “Education and support for disabled children and adolescents”;

3 ° Article L. 242-1 reads as follows:

“Art. L. 242-1. – The rules relating to the education of disabled children and adolescents are set out in Articles L. 112-1 to L. 112-4, L. 351-1 and L. 352-1 of the Code of education. “;

4 ° Articles L. 242-2, L. 242-3 and L. 242-5 to L. 242-9 are repealed;

5 ° Article L. 242-4 is thus amended:

a) The words: “special education establishment” are replaced by the words: “establishment or service mentioned in 2 ° of I of article L. 312- 1 ”;

b) The words: “technical commission for professional guidance and reclassification” are replaced by the words: “commission mentioned in article L. 146-9”;

c) The words: “in accordance with article L. 323-11 of the labor code reproduced in article L. 243-1 of this code,” are deleted;

d) The words: “joint decision of the departmental commission for special education and the technical commission for vocational guidance and reclassification” are replaced by the words: “decision of the commission mentioned in article L. 146-9 sitting in plenary formation ”;

e) It is supplemented by three paragraphs worded as follows:

“Every two years, the State representative in the department sends the president of the general council and the departmental advisory council for disabled people a report on the application of this article. This report is also sent, with the observations and recommendations of the departmental advisory council for disabled people, to the national council mentioned in article L. 146-1.

“Any disabled person or his legal representative has the right to information on the guarantees granted to him by this article. This information is provided to him by the commission mentioned in article L. 146-9 at least six months before the age limit mentioned in the second paragraph.

“In view of the aforementioned biennial report, all measures have been taken in sufficient and quality to create, according to a multiannual program, the places in establishment necessary for the reception of young people with disabilities aged over twenty years. “;

6 ° In the first paragraph of Article L. 242-10, the words: “special and vocational education” are replaced by the words: “or services mentioned in 2 ° of I of Article L. 312-1 “;

7 ° The last paragraph of Article L. 242-12 reads as follows:

“A decree determines the conditions of application of this article and in particular the categories of medico-educational establishments concerned. ”

8. Section 3 becomes Section 2 and is titled” Children’s education allowance handicapped “;

9 ° Article L. 242-14 reads as follows:

“Art. L. 242-14. – The rules relating to the education allowance for a disabled child are set by the provisions of Articles L. 541-1, L. 541-2, L. 541-3 and L. 541-4 of the Code of social Security ” ;

10 ° Section 4 and its sole article are repealed.

III. – In 2 ° of I of article L. 312-1 of the same code, the words: “and special education” are deleted.

IV. – In the fourth paragraph of article L. 421-10 of the same code, the words: “in a special education establishment” are replaced by the words: “in an establishment or service mentioned in 2 of I of article L . 312-1 ”.

V. – In chapter III of title IV of book II of the same code, articles L. 243-1 to L. 243-3 are repealed. The subdivision of the chapter into sections is deleted.

Article 68

The social security code is thus amended:

1 ° Chapter I of Title IV of Book V is entitled: “Education allowance for disabled children”;

2 ° In Articles L. 241-10, L. 333-3, L. 351-4-1, L. 381-1, L. 511-1, L. 541-1, L. 541-3, L. 542-1, L. 544-8, L. 553-4 and L. 755-20, the words: “special education allowance” are replaced by the words: “education allowance for the disabled child”;

3 ° 3 ° of Article L. 321-1 reads as follows:

“3 ° Covering, by decision of the committee mentioned in article L. 146-9 of the Social Action and Families Code, of accommodation and treatment costs for disabled children or adolescents in the establishments mentioned in 2 ° and 12 ° of I of Article L. 312-1 of the same code as well as that of the costs of treatment contributing to their education provided outside these establishments, with the exception of the part of these costs falling to the State in application of articles L. 112-1 to L. 112-4, L. 123-4-1, L. 351-1 to L. 351-3 and L. 352-1 of the education code ; “;

4 ° The third paragraph of Article L. 541-1 reads as follows:

“The same allowance and, where appropriate, its supplement may be granted, if the permanent incapacity of the child, without reaching the percentage mentioned in the first paragraph, nevertheless remains equal to or greater than a minimum, in the event that the child attends an establishment mentioned in 2 ° or 12 ° of I of Article L. 312-1 of the Social Action and Families Code or in the event that the child’s condition requires recourse to a adapted or support system within the meaning of Article L. 351-1 of the Education Code or for care within the framework of the measures recommended by the committee mentioned in Article L. 146-9 of the Code of social action and families. “;

5 ° Article L. 541-2 reads as follows:

“Art. L. 541-2. – The allowance and its possible complement are allocated in view of the decision of the committee mentioned in article L. 146-9 of the code of social action and families assessing whether the state of the child or adolescent justifies this attribution.

“When the person in charge of the disabled child does not follow up on the measures recommended by the commission, the allowance may be suspended or withdrawn under the same conditions and after hearing this person at his request. “;

6 ° An article L. 541-4 is inserted as follows:

“Art. L. 541-4. – Any single person benefiting from the allowance and its supplement mentioned in Article L. 541-1 and alone assuming the care of a disabled child whose condition requires the use of a third person is entitled to a specific increase. for single parent of a disabled child paid under the conditions provided for by decree.

“The National Solidarity Fund for Autonomy pays the National Fund for Family Benefits, managed by the National Fund for Family Allowances, a subsidy corresponding to the sums paid for the increase referred to in the previous paragraph. ”

Article 69

The beginning of 2 ° of article L. 381-1 of the social security code worded as follows:

“2 ° Or assuming, at the family home, the burden of a disabled adult whose commission provided for in article L 146-9 of the code of social action and families recognizes that the state requires assistance or a presence defined under conditions fixed by decree and whose rate of permanent disability is at least equal to the rate mentioned above. , provided that the said disabled person is their spouse, their partner, the person with whom they have concluded a civil solidarity pact or their ascendant, descendant or collateral or the ascendant, descendant or collateral of one of the members of the couple. Disputes … (the rest unchanged). ”

Article 70

The Labor Code is thus amended:

1 ° In Articles L. 122-32-1 and L. 323-3, the words: “in Article L. 323-11” are replaced by the words: “in article L. 146-9 of the code of social action and families ”;

2 ° In article L. 832-2, the words: “technical committee for professional guidance and reclassification” are replaced by the words: “commission mentioned in article L. 146-9 of the action code social and family ”;

3 ° Article L. 323-10 is worded as follows:

“Art. L. 323-10. – A disabled worker within the meaning of this section is any person whose possibilities of obtaining or keeping a job are effectively reduced as a result of the deterioration of one or more physical functions,

“The quality of disabled worker is recognized by the commission mentioned in article L. 146-9 of the code of social action and families.

“Guidance in an establishment or service referred to in a of 5 ° of I of article L. 312-1 of the same code constitutes recognition of the status of disabled worker. “;

4 ° Articles L. 323-13 and L. 832-10 are repealed.

TITLE VI

CITIZENSHIP AND PARTICIPATION IN SOCIAL LIFE

 

 

Article 71

The electoral code is amended as follows:

1 ° Article L. 5 is worded as follows:

“Art. L. 5. – Adults placed under guardianship cannot be registered on the electoral rolls unless they have been authorized to vote by the guardianship judge. “;

2 ° Article L. 200 is worded as follows:

“Art. L. 200. – Adults under guardianship or guardianship cannot be elected. “;

3 ° In article L. 199, the reference: “L. 5,” is deleted;

4 ° Point 2 of Article L. 230 reads as follows:

“2 ° Adults placed under tutorship or guardianship; “.

Article 72

After the third paragraph of Article L. 57-1 of the Electoral Code, a paragraph is inserted as follows:

“- allow disabled voters to vote independently, regardless of their disability; “.

Article 73

After article L. 62-1 of the electoral code, an article L. 62-2 is inserted as follows:

“Art. L. 62-2. – Voting offices and techniques must be accessible to people with disabilities, whatever the type of disability, particularly physical, sensory, mental or psychological, under conditions set by decree. ”

Article 74

I. – Law n ° 86-1067 of September 30, 1986 relating to freedom of communication is thus amended:

1 ° The thirteenth paragraph (5 ° bis) of article 28 is worded as follows:

“5 ° bis The substantial proportions of programs which, by means of suitable devices and in particular during prime time, are accessible to deaf or hard of hearing people. For services whose average annual audience exceeds 2.5% of the total audience for television services, this obligation applies, within a maximum period of five years following the publication of Law No. 2005-102 of 11 February 2005 for equal rights and opportunities, participation and citizenship of people with disabilities, to all of their programs, with the exception of advertising messages. The agreement may, however, provide for exemptions justified by the characteristics of certain programs. For local television services, the agreement may provide for a reduction in the obligations to accommodate; ”

2 ° After the third paragraph of article 33-1, a paragraph worded as follows is inserted:

“The agreement relates in particular to the proportions of the programs which, by means of suitable devices and in particular during prime time, are made accessible to the deaf or hard of hearing, by ensuring in particular access to the diversity of the programs broadcast. For services whose average annual audience exceeds 2.5% of the total audience for television services, this obligation applies, within a maximum period of five years following the publication of Law No. 2005-102 of 11 February 2005 for equal rights and opportunities, participation and citizenship of people with disabilities, to all of their programs, with the exception of advertising messages. The agreement may, however, provide for exemptions justified by the characteristics of certain programs. “;

3 ° The third paragraph of I of article 53 is supplemented by the words: “as well as the commitments allowing to ensure, within five years following the publication of the law n ° 2005-102 of February 11, 2005 for equal rights and opportunities, participation and citizenship of people with disabilities, adaptation for deaf or hard of hearing people of all television programs broadcast, with the exception of commercials, subject to justified exceptions by the characteristics of certain programs ”;

4 ° After article 80, article 81 is reinstated as follows:

“Art. 81. – As regards the adaptation of programs intended for deaf or hard of hearing people and for the application of 5 ° bis of article 28, the fourth paragraph of article 33-1 and the third paragraph of article 53, the Superior Audiovisual Council and the Government consult each year, each as far as it is concerned, the National Consultative Council of Handicapped Persons mentioned in Article L. 146-1 of the Code of Social Action and Families . This consultation relates in particular to the content of the obligations of subtitling and the use of French sign language included in the conventions and contracts of objectives and means, on the nature and scope of the exemptions justified by the characteristics of certain programs and on the commitments of service providers in favor of deaf or hard of hearing people. ”

II. – Within one year of the publication of this law, the Government will submit to Parliament a report presenting the means to develop the audio description of television programs at the level of production and broadcasting, as well as ” an implementation plan for these recommendations.

Article 75

After section 3 of chapter II of title I of book III of the second part of the education code, a section 3 bis is inserted as follows:

“Section 3a

“Teaching sign language

“Art. L. 312-9-1. – French sign language is recognized as a language in its own right. Any pupil concerned must be able to receive French sign language instruction. The Higher Education Council takes care to promote its teaching. It is kept regularly informed of the conditions of its assessment. It can be chosen as an optional test for exams and competitive examinations, including those for vocational training. Its dissemination in the administration is facilitated. “

Article 76

Before administrative, civil and criminal courts, any deaf person benefits from the appropriate communication device of their choice. These costs are covered by the State.

When the circumstances so require, technical assistance is made available to visually impaired people allowing them to access the documents in the file in accordance with the terms and conditions laid down by regulation.

People with aphasia can be accompanied before the courts by a person of their choice or a professional, given their communication difficulties linked to a total or partial loss of language.

Article 77

I. – In order to guarantee the exercise of free movement and to adapt the new driving license tests to deaf and hard of hearing people, an interpreter or a sign language mediator will be present at the theoretical and practical driving license tests for light vehicles (B license) during specialized sessions for deaf people, the minimum frequency of which will be fixed by decree.

II. – In order to allow the candidates to follow the explanations of the interpreter or the mediator in sign language, it will be granted, during the theoretical exams, the time necessary, defined by decree, for the correct understanding of the translations between the candidates and the translator.

Article 78

In their relations with public services, whether they are managed by the State, local authorities or a body representing them, as well as by private persons entrusted with a public service mission, hearing impaired people benefit, at their own expense. request for simultaneous or visual written translation of any oral or sound information concerning them in accordance with the terms and within a time limit set by regulation.

The adapted communication device can in particular provide for the written transcription or the intervention of a French sign language interpreter or of a completed spoken language coder.

A decree also provides for methods of access for hearing impaired people to emergency telephone services.

Article 79

Within one year of the publication of this law, the Government will present a plan of trades, which will aim to promote the complementarity of medical, social, educational interventions for the benefit of the child, adolescent and adult with a disability or disabling health disorder.

This job plan will respond to the need for recognition of emerging functions, the need for forward planning of jobs and the concern for the coordination of initial and continuing training in the various fields of activity concerned.

It will take into account the roles of family caregivers, association volunteers and guides.

Article 80

After Chapter VI of Title IV of Book II of the Code of Social Action and Families, a Chapter VIII is inserted as follows:

“Chapter VIII

“Training of family carers

“Art. L. 248-1. – Decrees issued by the Council of State define the training methods that can be provided to family carers, voluntary associates and non-professional guides working with disabled people. “

TITLE VII

MISCELLANEOUS PROVISIONS

Article 81

I. – The title of Title VI of Book III of Part Four of the Public Health Code reads as follows: “Professions of hearing aid, optician-eyewear, prosthetist and orthotist for the fitting of people with disabilities ”.

II. – Title VI of Book III of Part Four of the same code is supplemented by a Chapter IV worded as follows:

“Chapter IV

“Prosthetists and orthotists for the fitting

of disabled people

“Art. L. 4364-1. – Can exercise the professions of prosthetist or orthotist any person who provides, on medical prescription, the equipment necessary for disabled people and who can justify a training attested by a diploma, a title or a certificate or have a professional experience and meet the rules for issuing equipment. The conditions of application of this article are defined by decree.

“The illegal exercise of these professions exposes offenders to the penal provisions provided for in Chapter III of this title. ”

Article 82

II of Article L. 312-1 of the Code of Social Action and Families is supplemented by a paragraph worded as follows:

“Associations which organize the intervention of volunteers in public or private social and medico-social establishments must enter into an agreement with these establishments which determines the terms and conditions of this intervention. ”

Article 83

After the first sentence of the first paragraph of article 2-8 of the code of criminal procedure, a sentence is inserted as follows:

“In addition, when public action has been set in motion by the public prosecutor or the injured party, the association may exercise the rights recognized to the civil party with regard to willful attacks on life, attacks on physical or psychological integrity, assault and other sexual abuse, neglect, abuse of vulnerability, hazing, extortion, swindling, destruction and degradation and non-denunciation of ill-treatment, provided for by articles 221-1 to 221-5, 222-1 to 222-18, 222-22 to 222-33-1, 223-3 and 223-4, 223-15-2, 225-16-2, 312-1 to 312-9, 313-1 to 313-3, 322-1 to 322-4 and 434-3 of the penal code when they are committed because of the state of health or the handicap of the victim. ”

Article 84

I. – Article L. 313-16 of the Social Action and Families Code is thus amended:

1 ° In the first paragraph, the words: “The representative of the State in the department” are replaced by the words : “The authority which issued the authorization”;

2 ° It is supplemented by two paragraphs thus worded:

“When the authority which issued the authorization is the president of the general council and in the event of deficiency of the latter, noted under conditions fixed by decree in Council of State, the representative of the State in the department can, after formal notice remained without result, pronounce the closing of the establishment or the service.

“When the establishment or service comes under a joint authorization from the competent State authority and the President of the General Council, the decision to close this establishment or service is taken jointly by these two authorities. In the event of disagreement between these two authorities, the decision to close may be taken by the representative of the State in the department. ”

II. – 1. In the first paragraph of article L. 313-17 of the same code, the words: “the representative of the State in the department” are replaced by the words: “the authority which issued the authorization” , and at the beginning of the second paragraph, the words: “It may implement the procedure” are replaced by the words: “It may implement the procedure”.

2. In the first sentence of the second paragraph of Article L. 313-18 of the same code, the words: “the representative of the State in the department” are replaced by the words: “the authority which has issued ”.

III. – At the beginning of article L. 331-5 of the same code are inserted the words: “Without prejudice to the application of the provisions provided for in article L. 313-16”.

Article 85

I. – Section I of article 199 septies of the General Tax Code is thus amended:

1 ° In the first paragraph, the amounts: “EUR 1,070” and “EUR 230” are respectively replaced by the amounts: “EUR 1,525 “And” 300 EUR “;

2 ° The 1 ° is worded as follows:

“1 ° The premiums relating to insurance contracts in the event of death, when these contracts guarantee the payment of a capital or a life annuity to a child or to any other parent in direct line or collateral until the third degree of the insured, or to a person deemed to be dependent on him under Article 196 A bis, and when these beneficiaries are suffering from an infirmity which prevents them either from engaging, under normal conditions of profitability, in a professional activity, or, if they are under the age of eighteen, to acquire a vocational education or training of a normal level; ”

3 ° In 2 °, the words:” The fraction of the premiums representative of the related savings operation “are replaced by the words:

II. – The provisions of I apply from the taxation of income in 2004.

III. – The last paragraph of Article L. 132-3 of the Insurance Code is supplemented by the words: “or to the reimbursement of the sole amount of premiums paid, in execution of a survival insurance contract, taken out for the benefit of ‘one of the persons mentioned in the first paragraph above. ”

Article 86

The labor code is amended as follows:

1 ° The last paragraph of article L. 323-8-1 reads as follows:

“The agreement must be approved by the administrative authority, after consultation with the departmental body responsible for employment and vocational training or the Superior Council for the professional and social reclassification of disabled workers instituted by article L. 323-34. “;

2 ° Section 3 of Chapter III of Title II of Book III is repealed.

Article 87

I. – The title of Title II of Book VII of the Education Code reads as follows: “Teacher training establishments”.

II. – Title II of Book VII of the same code is supplemented by a Chapter III worded as follows:

“Chapter III

“Missions and organization of the staff training establishment for school adaptation and integration

” Art. L. 723-1. – The initial and continuing professional training of staff who contribute to the mission of adapting and integrating the disabled children and adolescents mentioned in Title V of Book III into school is entrusted to a national public administrative establishment placed under the supervision of the Minister responsible for higher education and the minister responsible for education.

“This establishment is administered by a board of directors and headed by a director appointed by decree of the aforementioned ministers. The board of directors includes representatives of the State, qualified personalities, representatives of public higher education establishments and local authorities as well as elected representatives of staff and users. He is assisted by a scientific and educational council.

“A decree fixes the attributions, the methods of organization and functioning, and the composition of the board of directors of this establishment. ”

III. – Article 13 of Law No. 54-405 of April 10, 1954 relating to the development of appropriations allocated to the expenditure of the Ministry of National Education for

Article 88

I. – Article L. 232-17 of the code of social action and families reads as follows:

“Art. L. 232-17. – In order to feed an information system organized by decree taken after consultation with the National Commission for Informatics and Liberties, each department transmits to the minister in charge of the elderly:

“- accounting data relating to net expenses of personalized autonomy allowance to the National Solidarity Fund for autonomy referred to in Article L. 14-10-1;

“- statistical data relating to the development of the personalized autonomy allowance system, its main characteristics and in particular those of its beneficiaries as well as the activity of the medico-social teams and the monitoring of the agreements referred to respectively in articles L. 232-3 and L. 232-13. ”

II. – Title IV of Book II of the same code is supplemented by a Chapter VII worded as follows:

“Chapter VII
“Statistical management and monitoring

“Art. L. 247-1. – The National Solidarity Fund for Autonomy receives, under conditions set by decree, accounting data relating to expenditure net of the compensation service mentioned in Article L. 245-1 and those relating to the activity departmental disability compensation funds defined in article L. 146-5.

“Art. L. 247-2. – As part of an information system organized by decree issued after consultation with the National Commission for Informatics and Freedoms, the departmental houses of disabled people transmit to the National Solidarity Fund for Autonomy, in addition to the data mentioned in Article L. 146-3, data:

“- relating to their activity, in particular in terms of needs assessment, examination of requests and implementation of decisions taken;

“- relating to the activity of the multidisciplinary teams and the rights and autonomy commissions;

“- relating to the characteristics of the persons concerned;

“- aggregates concerning the decisions mentioned in article L. 241-6.

“Art. L. 247-3. – Aggregated data relating to payments made following a decision of the commission mentioned in article L. 146-9 and on the characteristics of their beneficiaries are transmitted by the organizations in charge of these services to the minister responsible for disabled people under conditions set by decree.

“Art. L. 247-4. – The individual information relating to the people concerned by the decisions of the committee mentioned in article L. 146-9 relating to the benefits paid following these decisions is sent to the minister responsible for disabled people, under conditions set by regulation, at for the purpose of constituting statistically representative samples with a view to studying the situations and the integration pathways of the people appearing in these samples, in compliance with the provisions of article 7 bis of law n ° 51-711 of June 7, 1951 on the obligation, coordination and secrecy in matters of statistics and the provisions of law n ° 78-17 of January 6, 1978 relating to information technology, files and freedoms.

“Art. L. 247-5. – The results of the use of the data collected in accordance with Articles L. 247-3 and L. 247-4 are transmitted by the Minister responsible for disabled people to the National Consultative Council for Disabled People mentioned in Article L. 146-1 , at the National Observatory on Training, Research and Innovation on Disability created in Article L. 114-3-1 and at the National Solidarity Fund for Autonomy. The Minister ensures their regular publication.

“Art. L. 247-6. – The terms of exchange, between the ministers in charge of the elderly and the disabled, labor and national education and the National Solidarity Fund for Autonomy, of information relating to the elderly and disabled people, including they are respectively recipients, are fixed in the appendix to the objectives and management agreement mentioned in article L. 14-10-1.

“Art. L. 247-7. – Aggregated data and comparative analyzes carried out by the ministers in charge of the elderly and the disabled, labor and national education and the National Solidarity Fund for Autonomy, relating to the elderly and disabled people, are communicated to the departments and, in the case of disabled people, to the departmental houses for disabled people. ”

Article 89

Articles 27, 28 and 29 of Law No. 75-534 of June 30, 1975 on guidance in favor of disabled people are repealed.

Article 90

I. – The title of chapter VI of title IV of book II of the code of social action and families reads as follows: “People with autistic syndrome and people with multiple disabilities”.

II. – Article L. 246-1 of the same code is thus amended:

1 ° In the last paragraph, the words: “and having regard to the means available” are deleted;

2 ° It is supplemented by a paragraph worded as follows:

“The same applies to people with multiple disabilities. ”

Article 91

Article L. 1141-2 of the Public Health Code is amended as follows:

1 ° In the first paragraph, after the words: “because of their state of health”, the words: “or a handicap “;

2 ° In the second paragraph, after the words: “his state of health”, the words: “or his handicap” are inserted.

Article 92

The Government is authorized, under the conditions provided for in article 38 of the Constitution, to take, within twelve months, by ordinance, measures of a legislative nature making it possible to make applicable to Mayotte, New Caledonia and French Polynesia. , in Wallis-and-Futuna and in the French Southern and Antarctic Lands, with the necessary adaptations, the provisions of this law falling, in these territories, within the domain of State competence.

The draft ordinances are submitted for opinion:

1 ° When their provisions relate to Mayotte, to the General Council of Mayotte under the conditions provided for in Article L. 3551-12 of the General Code of Local Authorities;

2 ° When their provisions relate to New Caledonia, to the competent institution under the conditions defined by organic law n ° 99-209 of March 19, 1999 relating to New Caledonia;

3 ° When their provisions relate to French Polynesia, to the competent institution under the conditions defined by the organic law n ° 2004-192 of February 27, 2004 on the statute of autonomy of French Polynesia;

4 ° When their provisions relate to the Wallis and Futuna Islands, to the territorial assembly of the Wallis and Futuna Islands.

For each ordinance, a ratification bill is tabled in Parliament within six months of its publication.

Article 93

This law applies to Saint-Pierre-et-Miquelon, with the exception of the provisions of articles 14, 30, 41, 43, 44, III to V of article 45, articles 46, 49, 50 , of IV of article 65 and those of I and II of article 85, and subject to the following adaptations:

1 ° The single chapter of title III of book V of the code of social action and families is supplemented by an article L. 531-7 thus worded:

“Art. L. 531-7. – I. – For the application to Saint-Pierre-et-Miquelon of the seventh paragraph of article L. 245-6, the words: “mentioned in 2 ° of I of article 199 septies of the general tax code are deleted.

“II. – For the application to Saint-Pierre-et-Miquelon of the first sentence of article L. 241-9, the words: “jurisdiction of technical social security litigation are replaced by the words:” common law jurisdiction .

“III. – For the application in Saint-Pierre-et-Miquelon of article L. 146-3, the reference: “and L. 432-9 is deleted.”;

2 ° After the eighth paragraph of article L. 531-5 of the same code, are inserted two paragraphs thus worded:

“-” departmental house of handicapped people by “territorial house of handicapped people;

” – “departmental advisory council of handicapped people by” territorial advisory council of handicapped people. “;

3 ° After the second paragraph of Article L. 251-1 of the Education Code, five paragraphs are inserted as follows:

“For the application of this code in Saint-Pierre-et-Miquelon, the words mentioned below below are respectively replaced by the following words:

“-” the department by “the collectivity of Saint-Pierre-et-Miquelon;

“-” regional prefect and “department prefect by” representative of the State in the community.

“The fourth paragraph of article L. 112-1 reads as follows:

“” When integration into an ordinary environment has been decided for the child, adolescent or disabled adult by the commission mentioned in Article L. 146-9 of the Code of Social Action and Families, but the conditions of access to the establishment make it impossible, the additional costs attributable to schooling in a more distant establishment are the responsibility of the State or the competent local authority with regard to construction, reconstruction or extension of the premises. ”;

4 ° The last paragraph of article L. 251-1 of the same code is deleted;

5 ° Section 8 of chapter II of title III of book VIII of the labor code is completed by a Article L. 832-11 worded as follows:

“Art. L. 832-11. – For its application to Saint-Pierre-et-Miquelon, in article L. 323-31, the words: “representative of the State in the region are replaced by the words:” representative of the State in the community . “;

6 ° Article L. 161-2 of the construction and housing code reads as follows:

“Art. L. 161-2. – The provisions of this book do not apply to Saint-Pierre-et-Miquelon, with the exception of articles L. 111-5, L. 111-6, L. 111-7, L. 111-7- 1, L. 111-7-3 to L. 111-8-3-1, L. 111-9 to L. 111-41, L. 112-8 to L. 112-11, L. 112-15, L. 124-1, L. 125-1 to L. 125-2-4, L. 131-1 to L. 131-6 and L. 151-1 to L. 152-10, subject to the following adaptations:

“- in article L. 111-7, the words:” residential premises, whether owned by private or public persons are deleted;

“- the last sentence of article L. 111-7 -1 is deleted;

“- in article L. 111-7-4, the reference:” L. 111-7-2 is deleted;

“- in article L. 152-4, the references:” L. 112-17, L. 125-3 as well as the second paragraph of 2 ° are deleted;

“- in article L. 111-8, the words: “In accordance with the third paragraph of article L. 421-3 of the town planning code are deleted, and the words:” the building permit cannot be issued are replaced by the words: “the authorization of build cannot be issued;

“- in article L. 111-8-2, the words:” As stated in article L. 421-1 of the town planning code, the building permit are replaced by the words: “The authorization to build;

“- the first paragraph of Article L. 151-1 is deleted. “;

7 ° After article L. 121-20-1 of the municipal code applicable to Saint-Pierre-et-Miquelon, an article L. 121-20-2 is inserted as follows:

“Art. L. 121-20-2. – In municipalities with 5,000 inhabitants or more, a municipal commission for accessibility to disabled people is created, made up in particular of representatives of the municipality, user associations and associations representing disabled people.

“This commission establishes the state of accessibility of the existing built environment, roads, public spaces and transport. It draws up an annual report presented to the municipal council and makes all useful proposals likely to improve the accessibility of the existing one.

“The report presented to the municipal council is transmitted to the representative of the State in the community, to the president of the general council, to the territorial advisory council of disabled people as well as to all the persons in charge of the buildings, installations and workplaces concerned by the report.

“The mayor chairs the commission and decides on the list of its members.

“Municipalities can create an inter-municipal commission. For all the municipalities concerned, the latter exercises the missions of a municipal commission. This inter-municipal commission is chaired by one of the mayors of the municipalities, who jointly decide on the list of its members.

“When the competence in matters of transport is exercised within a public establishment of inter-municipal cooperation, the commission for accessibility to disabled people must be created within this group. It is then chaired by the president of the establishment. The creation of an intercommunal commission is compulsory for public intercommunal cooperation establishments competent in the field of transport, as long as they have 5,000 inhabitants or more. “;

8 ° The fourth and fifth paragraphs of article L. 131-4 of the same code are replaced by a 3 ° worded as follows:

“3 ° Reserve on the public highway or in any other parking place open to the public parking spaces fitted out for vehicles used by persons holding the parking card provided for in Article L. 241-3-2 of the Social Action and Families Code. “;

9 ° For the application in Saint-Pierre-et-Miquelon of article 48 of this law, the words: “regional prefect” and “department prefect” are replaced by the words: “representative of the State in the community ”.

Article 94

Article L. 312-7 of the Code of Social Action and Families is thus amended:

1 ° The fourth paragraph (3 °) is replaced by seven paragraphs worded as follows:

“3 ° Create social or medical cooperation groups -social. In addition to the missions devolved to the categories of groupings mentioned in 2 °, the cooperation group may:

“a) Allow the joint interventions of professionals from the social, medico-social and health sectors, salaried professionals of the group as well as professionals associated by agreement ;

“B) To be authorized, at the request of the members, to carry out directly the missions and services of the establishments and services set out in Article L. 312-1 and to provide directly, at the request of one or more of its members , the use of the authorization after agreement of the authority having issued it;

“C) To be responsible for carrying out the mergers and regroupings mentioned in 4 ° of this article.

“They may be formed between professionals from the social and medico-social and health sectors, between these professionals, the establishments and persons managing the services mentioned in Article L. 312-1 of this code and the health establishments mentioned in article L. 6133-1 of the public health code. May be associated, by agreement, medical and paramedical professionals from the liberal sector or the public sector not working in the establishments and services of the adherent members.

“The penultimate paragraph of article L. 6133-1 and article L. 6133-3 of the aforementioned code are applicable, subject to the provisions of this code, to social or medico-social cooperation groups.

“The actions of the group carried out for the benefit of only one of its members are financed by the latter from the corresponding budget. ”

2 ° It is supplemented by a paragraph worded as follows:

” The measures for the application of this article are, as necessary, determined by decree of the Council of State. ”

TITLE VIII

TRANSITIONAL PROVISIONS

Article 95

I. – The beneficiaries of the compensatory allowance provided for in Chapter V of Title IV of Book II of the Code of Social Action and Families in its drafting prior to this law retain the benefit as long as they meet the conditions. attribution. They cannot combine this allowance with the compensation benefit.

They may, however, opt for the benefit of the compensation service at each renewal of the allocation of the compensatory allowance. This choice is then final. When the beneficiary expresses no choice, he is presumed to want from now on to benefit from the compensation service.

No recourse is exercised in recovering the compensatory allowance for a third party, nor against the succession of the deceased beneficiary, nor against the legatee or the donee. The same provisions are applied to recovery actions in progress against the estate of the deceased beneficiary for the reimbursement of sums paid under the compensatory allowance for third parties and to court decisions concerning this recovery, which have not yet become final on the date of entry into force of this law.

II. – The beneficiaries of the compensatory allowance for third person provided for in Chapter V of Title IV of Book II of the Code of Social Action and Families in its drafting prior to the publication of this law retain the benefit of the exemption from employers’ social contributions for the employment of a home help provided for in Article L. 241-10 of the Social Security Code in its version prior to the publication of this law, until the end of the period for which this allowance had been allocated to them, or until the date on which they receive the compensation benefit provided for in Articles L. 245-1 et seq. of the Social Action and Families Code.

III. – Until the publication of the decree setting, in application of Article L. 245-1 of the Social Action and Families Code, the criteria relating to disability likely to give rise to the right to the compensation benefit, the latter is granted to any disabled person fulfilling the age condition provided for in said article and presenting a permanent disability at least equal to the percentage fixed by the decree provided for in the first paragraph of article L. 821-1 of the social security code.

IV. – Beneficiaries of the additional allowance for disabled adults provided for in Title II of Book VIII of the Social Security Code in its version prior to the publication of this law retain the benefit, under the same conditions, until the end of the period for which the allowance for disabled adults in respect of which they receive this supplement has been granted to them or, when they are entitled to the guarantee of resources for disabled people or to the supplement for independent living referred to respectively in Articles L. 821-1-1 and L. 821-1-2, until the date on which they benefit from these advantages.

V. – The provisions of 2 ° and 3 ° of I of article 16 come into force on July 1, 2005.

Article 96

I. – The provisions of I, II, III, IV and VI of article 27, the provisions of article 37 and the provisions of IV to VII of article 38 shall come into force on January 1, 2006. Between the date of publication of this law and on January 1, 2006, the Committee on the Rights and Autonomy of Persons with Disabilities takes the decisions referred to in Article L. 323-12 of the Labor Code, repealed as of January 1, 2006 .

II. – For a period of two years from January 1, 2006, workers recognized as disabled by the technical committee for guidance and professional reclassification mentioned in Article L. 323-11 of the Labor Code in its version prior to this law and classified in category C by virtue of article L. 323-12 of the same code repealed by this law are considered as workers with a severe handicap for the application of the provisions of III of article 27.

For a period of two years from January 1, 2006, companies continue to benefit from the rights acquired under Article L. 323-6 of the Labor Code in its version prior to this law, for any hiring, before on January 1, 2006, workers recognized as disabled by the technical committee for guidance and professional reclassification mentioned in article L. 323-11 of the same code in its drafting prior to this law, and classified in category C by virtue of Article L. 323-12 of said code repealed by this law.

Article 97

The provisions of article 36 will come into force on January 1, 2006.

Article 98

The amount of the contributions mentioned in article 36 is reduced by 80% for the year 2006, by 60% for the year 2007, by 40% for the year 2008 and by 20% for the year 2009.

Article 99

The provisions of VI of article 19 will come into force on January 1, 2006.

Article 100

I. – As a transitional measure, the Old Age Solidarity Fund manages the National Solidarity Fund for Autonomy instituted by Law No. 2004-626 of June 30, 2004 relating to solidarity for the autonomy of the elderly and disabled people .

In the third paragraph of Article L. 135-1 of the Social Security Code, the words: “until June 30, 2005” are replaced by the words: “until a date fixed by order of the ministers responsible for elderly people, disabled people, the budget and social security which cannot be later than December 31, 2005 ”.

II. – Article L. 14-10-5 of the Social Action and Families Code takes effect from January 1, 2006.

For the year 2005, the credits mentioned in 1 ° and 2 ° of article 13 of the aforementioned law n ° 2004-626 of June 30, 2004 are allocated to the financing of the following measures:

1 ° As regards the 1 ° of article 13:

a) The contribution to the basic health insurance schemes provided for in I of article 12 of the social security financing law for 2005 (n ° 2004-1370 of December 20, 2004);

b) Prevention and animation expenses for the elderly;

c) By means of assistance funds created by the State, investment and equipment operations, in particular for bringing up to technical and safety standards in establishments for the elderly;

d) By way of subsidy, a financial contribution:

– investment operations linked to the development of the supply of medical beds and to architectural adaptations concerning the care of people suffering from disorientation disorders;

– the implementation of new technical, health and safety standards;

2 ° With regard to 2 ° of article 13:

a) The contribution to the basic health insurance schemes provided for in II of article 12 of the aforementioned 2005 social security financing law;

b) The appropriations of this section can also finance, by means of assistance funds created by the State:

– the establishments mentioned in a of 5 ° of I of article L. 312-1 of the social action and families code, under the conditions defined in article L. 314-4 of the same code;

– grants to organizations working in the disability sector, in particular management services for carers;

– contributions to the departments to support their efforts in favor of home support for people with disabilities;

– the devices for independent living defined by order of the minister responsible for social action;

– aid for the installation and implementation of departmental homes for disabled people or structures foreshadowing them;

– investment and equipment operations, in particular to bring facilities for disabled people up to technical and safety standards;

– contributions to the interministerial fund for the accessibility of disabled people to premises open to the public;

– contributions to the intervention fund for services, crafts and trade.

The amounts of these various contributions and their payment methods are set by order of the ministers responsible for the elderly, the disabled, the budget and social security.

III. – The 5 ° of article 13 of the aforementioned law n ° 2004-626 of June 30, 2004 is worded as follows:

“5 ° A deduction from the resources collected by the fund, distributed equally between the sections mentioned in 1 ° and 2 °, to finance:

” a) Reimbursement to the Old Age Solidarity Fund of the charges incumbent on it in respect of the management the National Solidarity Fund for Autonomy during the transitional period;

“B) The installation and start-up costs of the National Solidarity Fund for Autonomy and of national information systems. ”

IV. – The appropriations allocated, for the 2005 financial year, to the expenses mentioned in 1 ° and 2 ° of article 13 of the aforementioned law n ° 2004-626 of June 30, 2004 which were not used at the closing of the fiscal year give rise to automatic carry forward to the following fiscal year, under conditions set by regulation.

Article 101

The regulatory texts for the application of this law are published within six months of its publication, after having been sent for opinion to the National Consultative Council for People with Disabilities.

All the regulatory texts for the application of Chapter II of Title IV of this law will be submitted for an opinion to the Superior Council for the professional and social reclassification of disabled workers established in Article L. 323-34 of the Labor Code.

This law will be executed as state law.

Done in Paris, February 11, 2005.

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