IFP Newsletter

14th Dec 07

GOVERNMENT PUBLISHES HEALTH CIRCULAR

The French Government have today published the detailed rules concerning health cover for 'inactive' early retirees in France. Well, actually, 'detailed' might be a slight exaggeration, as it seems to have been left to the local health authorities to use their own discretion to sweep up the mess left by this badly drafted new law. All those in the CMU as at 23rd Nov 07 will be allowed to continue to receive CMU State health insurance cover. CMU cover will also be granted in future to those achieving 5 years 'regular' residence. As far as everyone else is concerned, then they will be required to take out private health insurance.This includes those currently living in France on an E106. However, there will be a right for those unable to obtain private insurance because of serious medical condition, or find themselves in real difficulty because of other 'accident of life', (divorce, death of spouse, debts or other 'irreversible, unpredictable, and external' cause) to be granted access to the CMU. This right of appeal applies to both existing and future E106 holders. In a press release, the British Embassy in Paris has also stated that the French Government have given an undertaking that those with a serious medical condition, on an E106 about to expire at the end of the year will have the 'safeguard of essential immediate healthcare'. Decisions on individual medical or 'accident of life' cases will be left to the local health authorities (CPAMs), but as the guidance from the centre is very general, it is unclear just how a uniform approach across the country is to achieved. The appeal system is also likely to be under pressure from those who feel they may not have had a fair hearing on their initial application. Those who are also currently resident, and in receipt of French supplementary benefit (RMI), are also granted the right to continue to remain in the CMU. Indeed, they will continue to get free health care. There are also rights for those who take employment/self-employment, and then later find themselves unemployed, to be able to affiliate to the CMU. Accordingly, as we have stated previously in these pages, (even part-time) employment/self-employment as a 'holding' strategy until you gain the right of access to the CMU on grounds on residence would make sense for many caught by this new law. If the business does not work out, you would also gain the right to affiliate to the CMU for an indefinite period. It is clear from the way the circular has been drafted its primary purpose is aimed at restricting access to the health system to those who arrive in France without sufficient means to support themselves, or who arrive in the country as 'medical tourists'. Nevertheless, the French Government have tried to ameliorate some of the worst aspects of the original law, to the extent that, in doing so, they may well have seriously undermined their ability to sustain a legal challenge to it. We are continuing to digest the contents of the new guidance, so we will post updates to this newsflash in due course. You can see the French Government announcement at Health Cover in France.

Note to UK journalists: The CMU is a contributory health insurance scheme; it ain't free!

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