Patient's rights in cross border health care - Free movement of patients as recipients of services
3 important questions on Patient's rights in cross border health care - Free movement of patients as recipients of services
What are the 3 main categories regulating cross-border patient mobility?
- Regulation-based approach: coordination scheme 883/2004
- Case law-case approach: CJEU & free movement
- Patient Mobility Directive: aiming to create a coherent legal framework
What are the exceptions on the free movement of services?
- A treaty exception for discriminatory restrictions
- public policy security and health
- Court developed exception
- objective public interest
- justifications applied in an objective non-discriminatory manner
- criteria known in advance
- reasons relating to public interest
- restriction is not disproportionate
When can a MS not refuse PA?
Art. 20 (2) regulation 883/2004, the competent MS should accord authorization
- the requested treatment is included into the benefit package
- the treatment cannot be provided within a medically justifiable time limit
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