Patient's rights in cross border health care - Access to health care is essentially determined by national law of EU MS - Coordination of national SSS

9 important questions on Patient's rights in cross border health care - Access to health care is essentially determined by national law of EU MS - Coordination of national SSS

Which legal instrument regulates the coordination of national SSS?

Regulation 883/2004 (old 1408/71)

Regulation 883/2004 is based on 4 basic principles, which ones?

  1. Single state rule in terms of affiliation, liability to contribute and benefit entitlement
  2. Non-discrimination on grounds of nationality
  3. Aggregation/apportionment of benefit rights
  4. Exportability of benefits

To who do the rules of regulation 883/2004 apply?

  • To nationals of the EU, Iceland, Lichtenstein, Norway and Switzerland
    • who have been insured in one of these countries
  • Stateless persons or refugees residing in the EU
  • Nationals of non EU countries, legally residing in the EU
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There are 2 different types of healthcare under the regulation, which ones?

Unplanned and planned healthcare

In which 2 situations is healthcare unplanned?

  • Person is residing in another MS
  • Person is staying in another MS

What is the competent MS for residence or stay in another MS?

The MS in which the person is insured or would be entitled to benefits if he was a resident in that MS

What if a person is residing in another MS? Article?

Art. 17 regulation: they have the access to health care on behalf of the competent institution as if insured with the host institution
  • = treatment

What if a person travels with the purpose of receiving healthcare? Planned?

The MS may authorize the receipt by a national of that MS of treatment in another MS

When may authorization not be refused?

Art. 20.2
  1. if the treatment is among the benefits provided for by the legislation of the MS of residence
  2. if he cannot be given such treatment within the time-limit which is medically justifiable

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