In order to promote the digital transition of the health system, the State is implementing, within the framework of the digital component of the investment plan adopted in the ministerial commitments of July 22, 2020 resulting from the consultations of the Ségur de la Santé, funding programs aimed at encouraging the digital equipment of professionals, institutions and services of health.
Funding under these programmes is allocated within the framework of open and non-selective referencing and funding systems, the management of which is entrusted to the Health Digital Agency.
Based on the Maria Tirkkonen judgment of the Court of Justice of the European Union of 1 March 2018 (Case C-9/17), these open and non-selective referencing and financing systems do not constitute public procurement.
In this respect, they do not fall under Directive 2014/24/EU or Directive 2014/25/EU.
Continuation of point II.1.4) of this opinion: Funding is allocated to public and private operators involved in the development and publishing of digital health services in return for an overall IT operation for the benefit of eligible healthcare professionals, institutions and services. Only operators whose software solutions have been previously referenced by the Digital Health Agency can claim funding. Each financing covers a global IT operation, complete and autonomous, and presenting all the characteristics defined by the State. The conditions as well as the modalities of presentation and instruction of referencing and financing requests are defined by regulation.The services consist of a global, complete and autonomous computer operation, including in particular the provision of a previously referenced software solution as well as its maintenance, benefit of eligible professionals, institutions and services. Two open and non-selective referencing and financing systems are in place: - digital equipment for pharmacists holding city pharmacies - “Pharmacy management software” function - Wave 1- digital equipment of social or medico-social institutions and services (ESSMS) - “Computerized user record for medical and social services” function domains Elderly people, people with disabilities and actors of home help and care "- Wave 1