05/10/2010
Cross-border healthcare legislation in its final phase
Source: Council of the European Union
On 8 June 2010, the European ministers of health approved the draft Directive on cross-border healthcare (see EUM 41). The following provisions were adopted:
- patients will be allowed to receive healthcare in another Member State and be reimbursed up to the level of reimbursement applicable for the same or similar treatment in their national health system;
- in case of overriding reasons of general interest (such as the risk of seriously undermining the financial balance of a social security system) a Member State of affiliation may limit the application of the rules on reimbursement for cross-border healthcare;
- Member States may manage the outgoing flows of patients also by asking prior authorisation for certain types of health care - treatment that involves overnight hospital accommodation, requires highly specialised and cost-intensive medical infrastructure or that raises concerns with regard to the quality or safety of the care - or via the patient’s attending physician applying the "gate-keeping principle";
- treating Member States will have to provide national contact points, via which patients from other EU countries can receive on request information on safety and quality standards within their borders in order to enable patients to make an informed choice;
- the recognition of prescriptions issued in another Member State is improved; as a general rule, if a product is authorised to be marketed within its borders, a Member State must ensure that prescriptions issued for such a product in another Member State can be dispensed in its territory in compliance with its national legislation;
- internet sales of medicinal products and medical devices, long-term care services provided in residential homes and the access and allocation of organs for the purpose of transplantation fall outside the scope of the draft Directive;
- regarding healthcare providers, the Council’s position seeks to ensure that patients looking for health care in another Member State will enjoy the quality and safety standards applicable in that country, independently of the type of provider;
- Member States may adopt provisions aimed at ensuring that patients enjoy the same rights when receiving cross-border health care as they would have enjoyed if they had received care in a comparable situation in the Member State of affiliation;
- the Council’s position provides for close collaboration between Member States and the Commission in the field eHealth.
This version of the Directive now has to be discussed in a second reading at the European Parliament.
The full position is available here
