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Cross-border healthcare Directive – End of the transposition process!

by efn efn

25 October 2013 was an important day for patients across the European Union, as it was the deadline for the transposition into national legislation by all the EU Member States for the cross-border healthcare Directive (Directive 2011/24/EU). As patients, this Directive means empowerment, with more choice of healthcare, more information, and easier recognition of prescriptions across-borders. As European citizens, this means having the right to choose where to receive medical treatment across the EU, and to be reimbursed for it.

The EFN believes that this Directive, aiming to clarify citizens’ rights to access healthcare in another EU Member State, and to facilitate their access to healthcare services, guarantees the principles of universality, access to quality care, equity and solidarity. Therefore, if a patient is to receive medical treatment in another EU country, he/she will have the same rights as a citizen of that country, and the treatment will be subject to the same rules and standards.

In terms of costs, the patient being treated abroad should be reimbursed up the costs of that treatment in the home country. But, before getting into another country to receive a treatment, the patient should contact the national contact point and clarify: the rights to have some or all of the costs covered; what types of treatment are reimbursed and the amount of it; if prior authorisation is needed and how to apply for it; and how to appeal if his/her rights have not been respected.

In terms of follow-up, in case the patient needs to have continuity of care in the home country, the patient needs to make sure that he/she has a copy of healthcare record from the healthcare provider of the other country; if he/she gets a prescription, important making sure it is suitable for cross-border use (EU law prescribes minimum criteria for recognition); he/she needs to arrange appropriate healthcare follow-up with his home system (in advance if necessary).

Finally, it is important to make sure that the Directive will not create any new legal uncertainty or gaps for patients and healthcare providers. Compared to the US, healthcare should not come into the hands of lawyers! Maintaining the financial and organisational sustainability of national healthcare systems and fostering opportunities for cooperation is, therefore, key to redesign healthcare in the EU.

The Commission will now monitor the way the Member States have transposed the Directive 24.