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Typology of benefits and agreements: an order dated January 20, 2023 updates the thematic typology

March 23, 2023

Necessary update called for by the difficulties of implementation, the thematic typology of benefits and agreements has been modified by the new order of January 20, 2023. Here is a review of the main changes made to the Order of September 24, 2020 concerning the thematic typology of benefits and agreements in application of Article R. 1453-14 of the Public Health Code.

The granting of a benefit: the principle of a written agreement

As a reminder, the exemptions to the prohibition on offering benefits to healthcare professionals provided for in Article L. 1453-7 of the French Public Health Code (PHC) must be the subject of a written agreement (Article L. 1453-18 of the PHC), the content of which is set out in Article R. 1453-14 of the same Code, which specifies that the precise purpose of the agreement and the benefits must be indicated with reference to the thematic typology set by order.

This is the aforementioned order of September 24, 2020, which suffered from incompleteness and did not always reflect the reality of the agreements thus concluded.

This new order of January 20, 2023 updates this typology of benefits and agreements.

Changes to the typology of benefits and agreements pursuant to Article R. 1453-14 of the Public Health Code

In substance, the new order of January 20, 2023, re-specifies the (non-exhaustive) list of thematic typologies of agreements, now called "object typologies", and clarifies them with regard to situations that limited certain objects or did not correspond to the reality of the agreement's content.

The same applies to the typology of benefits.

These changes are therefore welcome.

To understand these changes, additions and deletions in more detail, the attached table consolidates these changes:

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