The "100% Santé" scheme: what are the commercial practices of opticians, hearing care professionals and dentists?

As part of the rollout of the 100% Santé scheme, which guarantees access with no out-of-pocket cost to dental care, prescription glasses or hearing aids, the DGCCRF recently conducted a wide-ranging investigation covering more than 1,300 healthcare professionals, including opticians, hearing care professionals and dental surgeons. This review aimed to ensure compliance with their obligations regarding commercial practices and consumer information. The findings of this investigation reveal concerning shortcomings that raise questions about the integrity of the services provided and the protection of patients' rights. In light of these irregularities, it is essential to understand what commercial practices are actually in place and how they affect consumers' experience under this scheme. In this article, we will analyse in detail the practices observed, the shortcomings identified by the DGCCRF, as well as the alarming consequences for consumers.

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100% Santé: what are the commercial practices of opticians, hearing care professionals and dentists?

Under the 100% Santé scheme, it is crucial to examine the commercial practices implemented by opticians, hearing care professionals and dental surgeons. These healthcare professionals are required to inform their clients of the available options, including those eligible for full reimbursement under the complémentaire santé solidaire (solidarity supplementary health cover).

Unfortunately, the DGCCRF's investigations brought to light numerous irregularities in this respect. Among them were:

• A quote that was frequently filled out incorrectly or replaced by a non-compliant document, particularly with regard to information on medical equipment.
• Missing details concerning the names of the professionals, the terms of coverage by the health insurance scheme, or the description of the treatments offered.
• "100% Santé" products presented in a disparaging manner, as being "basic" or "entry-level".

These practices raise significant concerns about how care is perceived. The impression that the 100% Santé offering is of inferior quality may discourage patients from choosing these products, despite their content being identical to the other options.

Moreover, the disparagement of this offering by certain professionals constitutes a further obstacle to the clear and fair information that consumers are entitled to expect.

It is also important to stress that these practices, ranging from mere negligence to misleading manoeuvres, have direct implications for consumers' access to the healthcare they need. Shedding light on these practices is therefore essential, as it exposes the conduct of a growing number of healthcare professionals.

These questions lead us to examine the specific shortcomings identified by the DGCCRF, as well as their impact on consumer confidence in the healthcare system.

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What shortcomings did the DGCCRF identify regarding consumer information?

In its investigation, the DGCCRF identified several significant shortcomings regarding consumer information, which raise concerns about transparency in the healthcare sector. These shortcomings mainly take the form of irregularities in the communication of information on medical devices and on the services covered by supplementary health insurance.

The main findings include:

• The absence of itemised invoices provided to patients, making it difficult to understand the costs incurred.
• The failure to clearly state the prices of care and the reimbursement terms, which creates confusion and prevents consumers from making informed choices.
• Misleading commercial practices, such as understating costs or presenting the available care options in a biased manner.

These elements show just how crucial the duty to inform is in the context of healthcare professionals' commercial practices. Failure to comply with these obligations can give rise to situations of abuse of weakness, in which patients find themselves at a disadvantage when making poorly informed decisions.

The situation is all the more concerning given that fraud scandals in the healthcare sector are becoming increasingly common. Consumers must therefore be able to rely on transparent information in order to navigate the healthcare system effectively.

This analysis of the shortcomings leads us to consider the alarming consequences that these anomalies may have for consumers and their access to quality care.

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Why are the figures on these anomalies alarming, and what consequences do they entail for consumers?

The findings of the investigation conducted by the DGCCRF reveal alarming figures regarding anomalies in the commercial practices of opticians, hearing care professionals and dental surgeons. Indeed, 79% of optical establishments, 70% of audiology establishments and 72% of dental establishments were found to have at least one anomaly in their consumer information, particularly concerning the 100% Santé scheme.

These figures are all the more concerning when one considers that a majority of the establishments inspected had been targeted following complaints, which indicates that questionable practices are not isolated cases. The anomalies identified include:

• Incorrectly completed quotes or missing quotes, which hinder patients' right to receive complete information on care and medical devices.
• The presence of misleading commercial practices, which could lead to a mistaken perception of the care available.
• Breaches of the duty to inform, resulting in abuse of weakness among consumers who might place their trust in poorly informed professionals.

These shortcomings have direct consequences for patients' confidence in the healthcare system. Indeed, the absence of clear information can lead to poorly informed decisions by patients, who risk choosing options that are not optimal for their health. Furthermore, when faced with misleading commercial practices, consumers may find themselves exposed to unexpected costs and lower-quality care, thereby increasing their economic harm.

As a result, these irregularities raise questions about the protection of consumers in their access to necessary healthcare. The measures taken by the DGCCRF, which take the form of warnings, injunctions, administrative fines and even criminal reports, remind us of the importance of rigorous monitoring of commercial practices to ensure the safety and well-being of patients.

In light of this analysis, it is clear that concerted efforts are needed to strengthen regulation and ensure transparent and fair information, enabling consumers to make informed choices in the healthcare field.

For more information, please consult the DGCCRF's article: https://www.economie.gouv.fr/dgccrf/laction-de-la-dgccrf/les-enquetes/100-sante-les-pratiques-commerciales-des-opticiens.