New Directive on Patients’ Rights in Cross-Border Healthcare

Directive 2011/24/EU on the application of patients’ rights in cross-border healthcare has been published in the Official Journal. The directive applies to individual patients who decide to seek healthcare in a Member State other than the Member State of affiliation. It does not apply to the following:

  • services in the field of long-term care;
  • allocation of and access to organs for the purpose of organ transplants;
  • public vaccination programmes against infectious diseases.

Member States must ensure that the healthcare providers on their territory apply the same scale of fees for healthcare for patients from other Member States, as for domestic patients in a comparable medical situation (Art. 4, para.4).

The Member State of affiliation must ensure the costs incurred by an insured person who receives cross-border healthcare are reimbursed, if the healthcare in question is among the benefits to which the insured person is entitled in the Member State of affiliation (Art. 7, para. 1). The Member State of affiliation can determine the healthcare for which an insured person is entitled to assumption of costs and the level of assumption of those costs, regardless of where the healthcare is provided (art. 7, para. 3). The Member State of affiliation can also prescribe a list of the categories of healthcare that require prior authorization of the cross-border treatment (Art. 8).

Member States must adopt the necessary laws, regulations and administrative provisions by 25 October 2013.

 

 

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