V - Travel / accident / repatriation insurance : the new provisions of the MISEFEN law (SARKOZY law)
The MISEFEN law of 26 November 2003 (also called the SARKOZY law) has created an obligation, for any foreigner wishing to come to France, to justify he/she has health insurance in France as well as guarantees regarding repatriation, in addition to the documents concerning the terms of the stay and the means of support in France. The document justifying that the researcher has health insurance must be from an approved insurer and it must provide a guarantee that the medical and hospital expenses incurred in France will be covered. The wording of this provision is confusing regarding the extent of its enforcement : Researchers : With the Protocole d’Accueil (Entry Protocol), the host institution recognizes the obligation to provide the researcher with sufficient financial resources and with a health cover in France. Hence, the consulate does not need to request a proof of health insurance. Once in France, many researchers acquire the status of "salaried worker" and hence become registered with the general Social Security system through contributions withheld from their salary. The others qualify for the solutions described in the Chroniques (CMU, private insurance…) Scientists' spouses : Spouses or partners benefit indirectly from the Protocole d’Accueil. They are exempted from the provisions of the MISEFEN law in matters of health insurance. The consulate will deliver to the spouse or partner a "special" visa for a short-duration stay called visa d'établissement (landing visa) mentioning "conjoint de scientifique, carte de séjour à solliciter dès l’arrivée en France" ("Scientist's spouse, residency permit to be requested upon arrival in France") and "assurance non requise" ("insurance not required").
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