“With regard to serious dysfunctions, we are able to tell you that the State is filing a complaint and seizing the public prosecutor on the basis of article 40, because we take these serious dysfunctions into account”. These are the words of Brigitte Bourguignon, Minister Delegate for Autonomy, questioned this Saturday morning on France Inter on the Orpea scandal, named after the nursing home group seriously shaken since the publication of the investigation by journalist Victor Castanet.
What does the report say?
The investigation report, drawn up by the General Inspectorate of Finance (IGF) and that of Social Affairs (IGAS) seized by the government on February 1, reports “significant dysfunctions in the organization of the group, to the detriment of the care of residents,” the ministry said in a statement. Highly anticipated for weeks, this report will however not be made public, because it is covered by “business secrecy”, said Brigitte Bourguignon’s cabinet. On March 11, the Minister of Health Olivier Véran had however affirmed that he intended to publish part of this document, more exactly “all of it, with the exception of what is covered by business secrecy”.
The administrative investigations had been ordered following the earthquake caused by the investigative book “Les Fossoyeurs”: its author, the journalist Victor Castanet, accuses Orpea of having set up a “system” to optimize its profits to the detriment of the well-being be residents and employees.
The government is relying on article 40 of the Code of Criminal Procedure, which obliges any authority to report to the courts any offense brought to its attention, the ministry said. The idea is therefore to “report” to justice the “financial practices” of Orpea, “so that legal proceedings can, if necessary, be brought against the group”, further specified the services of Brigitte Bourguignon.
Why does the state intend to claim money?
The State is thinking of asking Orpéa to reimburse public grants. “Not only are we filing a complaint, but we are also granting ourselves the right to request the restitution of public grants that have not been used towards residents as they should be,” adds the ministry.
The sums at stake are of the order of “several million” euros, said the minister on France Inter. These include “the lack of accounting monitoring of surpluses on public funding”, according to the ministry: the Orpea group is suspected of having increased its profit by hiring fewer nursing staff than what public grants allowed it. paid for this purpose, and keeping unspent funds. Orpea is also suspected of “artificially increasing the cost of purchases financed by public money”, via a system of “end-of-year discounts” granted by its suppliers. “We can’t have fun making money on the elderly,” scolded Brigitte Bourguignon.
VIDEO. ORPEA scandal: “I was offered 15 million euros to stop my investigation into nursing homes”
“The families of residents and the employees who participated in my investigation are delighted that the State has come today to confirm the revelations” of the “Gravediggers” and “decided to take legal action”, reacted to AFP. author of the book, Victor Castanet. But “they do not understand the non-publication of this report,” added Victor Castanet. “The argument of business secrecy has been opposed to me throughout my three years of investigations” and “again, this vague notion protects a private group to the detriment of the general interest”, he said. lamented.