Teleconsultation companies: a legal framework for which model?

Alongside the French Healthcare Association, of which we have been a member since its creation, and Future4Care, our firm organised a themed breakfast on Thursday 18 April 2024, in the beautiful amphitheater of Future4care, with our partner Delphine Jaafar in charge of our firm’s Healthcare team, Olivier Spreux, Legal Director of LIVI FRANCE, and Emmanuelle Pierga, President of Tandem Com Santé, to discuss the legal framework for teleconsultation companies following the publication of the decree of 29 February 2024.

While the legislative provisions of article 53 of the law of 23 December 2022 on the financing of social security for 2023 established, with teleconsultation companies, the creation of a new status for healthcare operators authorised to deliver reimbursable care to the socially insured, the regulatory framework for their application (i.e. the decree of 27 December 2023 relating to the issue of the certificate of conformity for certain repositories intended for digital services / order of 9 February 2024 approving the interoperability repository, security and ethics of teleconsultation information systems and defining the procedure for issuing the certificate of conformity for teleconsultation information systems / decree of 29 February 2024 relating to teleconsultation companies) seems to significantly limit its scope.

Unfortunately, this “in-between” situation is not unprecedented under French law, but it does raise questions as to the applicability as such of the system finally implemented by the application texts.

What kind of sustainable model for teleconsultation companies can be built within this legal framework?

An assessment will be needed at the end of 2024…