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Discriminatory Refusal of Care or Excessive Medical Fees: Your Guide to Filing a Complaint

Discriminatory Refusal of Care or Excessive Medical Fees: Your Guide to Filing a Complaint

Have you experienced a healthcare professional refusing treatment due to discrimination, or been charged exorbitant fees for medical services? You can now report these issues to dedicated organizations. Here's what you need to know.

What Constitutes Discriminatory Denial of Care and Abusive Fees?

Discriminatory Denial of Care

Under Decree No. 2020-1215 of October 2, 2020, which outlines procedures for discriminatory refusal of care and abusive or illegal excess fees, "discriminatory refusal of care is any practice that prevents or discourages a person from accessing preventive or curative measures through any means, particularly by creating barriers to effective access to healthcare professionals or standard financial coverage for acts, services, and products, based on the discriminatory grounds listed in the French Criminal Code."

Healthcare professionals cannot deny care on discriminatory grounds, facing potential disciplinary, criminal, or civil penalties. These grounds include a patient's origin, sex, family situation, health status, disability, morals, sexual orientation, age, political opinions, trade union activities, or membership (or non-membership) in a specific ethnic group, nation, race, or religion.

Similarly, a patient's financial situation cannot justify refusal of care without it being deemed discriminatory—a common issue for recipients of Universal Health Coverage (CMU), Complementary Solidarity Health Insurance (CSS), and State Medical Aid (AME), which support low-income households.

Abusive Fees

Fees are deemed abusive (or illegal) when they exceed what is reasonable given the procedure's complexity, time spent, service quality, practitioner's reputation, rate of overruns, or average overrun amounts compared to peers in the same department or region.

Conciliation Commissions: How to File Your Complaint

If you believe you've faced discriminatory refusal of care or abusive fees, submit your complaint to newly established commissions comprising representatives from your local Primary Health Insurance Fund (CPAM) and the departmental Council of the Order of Physicians (CDOM).

These commissions prioritize amicable resolution between patient and doctor. Unresolved cases escalate to the CDOM's disciplinary chambers.

Contact your CPAM director or CDOM president to request review. Include your identity, contact details, the professional's information, and a detailed description of the incident. The CDOM president notifies the doctor.

Conciliation sessions typically require attendance by the complainant (who may be assisted or represented) and the professional (also able to bring support).

Outcomes: Mutual agreement leads to complaint withdrawal and closure. If no resolution (e.g., refusal to withdraw or non-attendance), the case proceeds to CDOM disciplinary chambers.

Note: Conciliation is unavailable if the professional was convicted of similar offenses in the past six years; cases go directly to the National Council of the Order of Physicians.