Patient's rights in cross border health care - Directive on patients' rights in cross-border health care

9 important questions on Patient's rights in cross border health care - Directive on patients' rights in cross-border health care

What are the main goals of the Directive on patients' rights in cross-border healthcare?

  • Provide clarity about the rights of patients who seek healthcare in another MS
  • Provide rules for facilitating the access to safe and high quality cross-border care
  • It supplements the rights that patients already have under regulation 883/2004

What is the legal basis for directive 2011/24?

Art. 114 TFEU: improve functioning of the internal market and the free movement
  • art. 168(7): in accordance with the principle of subsidiarity

What is the scope of the directive?

  • Apply to the provision of healthcare to patients, regardless of how it is organized, delivered and financed
  • incl: telemedicine, e-Health services
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What falls outside the scope of the directive 2011/24?

  • Long-term care services
  • access and allocation of organs for transplantation
  • vaccination programmes

What are patients' rights under the directive 2011/24?

  • Art. 4.2: MS of treatment shall ensure patients' rights in relation to cross-border healthcare
    • informed consent, complaints procedures, ..
  • Art. 5: MS of affiliation must inform the patient on his rights, acces or copy of medical records,..
  • Art. 6: national contact points in each MS that provide patients with information

When can MS limit the application of rules on reimbursement?

Art. 7.9: for overriding reasons of general interest

What can a MS do to manage the possible outflow of patients?

Art. 8 & 9 directive: a MS may introduce a system of prior authorisation

In which article do we find the procedural requirements for reimbursement?

Art. 9 directive 2011/24

What can a MS do to manage flows of incoming patients?

Art. 4.3: MS may limit access to treatment
  • if justified by overriding reasons of general interest

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