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2. The Government
166. The Government presents three different social protection arrangements
available to foreign residents in France – the universal sickness coverage (CMU), the
state medical assistance (AME) and the emergency fund.
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Migrants in a regular situation are entitled to sickness and maternity insurance under
the same conditions as French citizens. In order to be affiliated to the general
insurance scheme by virtue of the CMU arrangement, people must be able to prove
that they have been residing in France for an uninterrupted period of over three
months;
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Migrants in an irregular situation who have been residing in France for three months
or longer (and children with no condition of length of stay) are entitled to the AME
(under Article L. 251-1 of the Social Action and Family Code). The AME gives the
beneficiary a right to full coverage of medical care and hospital charges without the
need to advance any money, except in cases where the medical service provided is
considered to be of a minor importance. In addition, any person who do not reside in
France but is in the country may ask the minister in charge of social action to benefit
from AME;
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For migrants in an irregular situation who have been residing in France for less than
three months and are therefore entitled neither to the CMU nor to the AME, a socalled emergency and life-saving care fund exists. Article 254-1 of the Social Action
and Family Code defines the type of care covered by the arrangement as follows:
“emergency care, the absence of which could be life-threatening or lead to a
serious, long-term deterioration of the health of the person concerned or the child to
be born”.
167. With regard to the supposedly complex procedure of application for the AME, the
Government refers to Decree No. 2005-859 of 28 July 2005, listing the documents that
may be used as proof of the three months’ residency and which makes express
provision for homeless people, stipulating that they may request a body approved within
the meaning of Article L. 252-2 of the Social Welfare and Family Code to issue them
with an official domiciliation certificate. Residential social reintegration centres may also
issue certificates of this type.
168. As regards the fact that the evidence of entitlement to the AME is no longer a
simple paper document but a laminated card that cannot be forged, the Government
stresses that this procedure in no way constitutes an obstacle to access to care because
of its complexity. It brings about increased security to the system and improves the
treatment of migrants in an irregular situation. The AME card is the equivalent of the
card issued to all those covered by the ordinary French social insurance scheme (the
carte vitale) and has the same technical features.
169. As for the introduction of the annual contribution of €30 charged for the
entitlement to the AME, the Government points out, firstly, that the Constitutional
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