Patient's rights in cross border health care - Free movement of patients as recipients of services - Scope
16 important questions on Patient's rights in cross border health care - Free movement of patients as recipients of services - Scope
What is prohibited in regard to the free movement rules and health care?
- art. 56 TFEU
- a service must be provided for remuneration, regardless of the way in which the national health service operates
What does freedom to provide services also include?
What is a "restriction" on the free movement rules?
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Before the 2011/24 directive, fir a long time 2 different legal schemes were applicable to cross-border medical treatments in the EU. Which ones? (approaches)
- Regulation-based approach: rules of the European SS Coordination regulation = 883/2004
- Case law-based approach: based on the relevant article of the TFEU (free movement and connected cases of CJEU)
Why was dir. 2011/24 born?
How can the core concept of patient mobility be described? (2 elements)
- The capability of moving
- The necessity to obtain healthcare
What are 4 basic factors that determine why people tend to travel across borders to obtain medical treatment?
- Familiarity and proximity
- Availability
- Price
- Quality
- other
Which 3 main categories of European border-crossing patients are there?
- Temporary visiters. People who become in need of healthcare while temporarily staying abroad = staying = unplanned
- Long-term residence = residing = unplanned
- Mobile patients: chasing to travel abroad in the hope of receiving quicker, better treatment = planned
First 2 categories: the mobility element precedes the healthcare element
According to which tariffs does the reimbursement happen in the 3 categories?
- Planned healthcare: tariffs of the state of treatment
- staying/residing: tariffs of the state of treatment
Which tariffs should be applied according to the Patients Mobility Directive?
Do people under union law have the right to receive medical treatment beyond the borders of the country they are affiliated to?
- the right to move freely across borders
- the right to health(care)
In which 2 groups can action of EU be categorized?
- Harmonizing measures: art. 153 TFEU: actions which intend to implement the EU policy
- Coordination: tools that aim to ensure the freedom of movement by removing potential social disadvantages
How is harmonisation achieved?
- differences decrease/cease
- national law might need to be changed
How is coordination achieved?
- directly applicable
- national law untouched
- differences remain
Which article defines the competence of the EU in regard to harmonizing measures?
- MS have most legislative power
In which article can we fiend the competence of the EU in regard to healthcare?
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