European Law Report - New Year... new rights ?
Another year is over. And yet it seems that EU citizens have more to wait prior to obtaining some legal certainty when it comes to exercise their right to seek medical treatment abroad. Both patients and medical service providers alike have so far been...
Another year is over. And yet it seems that EU citizens have more to wait prior to obtaining some legal certainty when it comes to exercise their right to seek medical treatment abroad. Both patients and medical service providers alike have so far been left in a legal limbo awaiting consensus by the various EU member states on such an important aspect over which some of us may need to take a decision at some point in time.
This is so because health ministers of the various EU member states have once again failed to reach a consensus over a law proposed by the EU Commission last year. The objective of this proposed law on cross-border health care is precisely to ascertain and clarify the rights of EU citizens to seek medical treatment in a member state other than their own.
This law would give EU citizens the right to non-hospitalisation care in a member state other than their own to the same extent as health benefits in their own member state. They would not need prior authorisation and would be reimbursed by their own social security system. Patients would also be able to seek hospital care in another member state and get the costs reimbursed, but in this case the member states might require prior authorisation.
Although it is true that most persons seek and prefer to obtain medical treatment in their own country, the instances are increasing where patients feel the necessity for some reason or other to obtain such treatment in another member state. This could be the case if, for example, highly-specialised procedures are required which are not carried out in their country of origin or in border areas where the nearest appropriate facility is in another member state.
Though the Court of Justice has in various rulings asserted an EU citizen's right to seek medical treatment in a member state other than his own and be reimbursed for such treatment by his country of origin, much uncertainty still remains as to how to apply the principles laid down by the Court. By way of example, a number of definitions as to what can be termed a "hospital" or as to what is "non-hospital" care and "specialised" care are indispensable for a patient to be able to exercise his rights with the utmost peace of mind that he will be reimbursed at home for the treatment that he obtains abroad.
Another important issue alluded to by the European Court of Justice and which requires further clarification is the principle of prior authorisation, in the sense, that patients need clear rules which identify those instances when prior authorisation by the home member state is required for reimbursement to take place and those instances in which no such authorisation is required.
Another issue which is to be tackled by the proposed law is that of "adequate information". Patients ought to be given all the information possible in order to be in a position to make an informed choice as to where it is best for them to obtain the best medical treatment available.
Though general consensus on some of the aspects of the draft directive has now been reached, there are a number of stumbling blocks which still need to be overcome. In particular, some member states have objected to the draft law on the basis that it would put their health systems under strain in particular in so far as long-term care is concerned while others are seeing it as a threat to national sovereignty over health care.
The ball is now in the court of the European Parliament which must issue its opinion on the draft law over the coming months. What is certain is that EU citizens ought to be afforded more legal certainty in an area of their lives which is among the most sensitive - health. Patients and medical service providers alike must be provided with clear rules to enable them to exercise freely their right as EU citizens to partake of the fundamental right of free movement and of all the benefits which accrue from partaking of a single market, that is, the EU.
mariosa@vellacardona.com
Dr Vella Cardona is a practising lawyer and a freelance consultant in EU, intellectual property, consumer protection and competition law. She is also a visiting lecturer at the University of Malta.
This is so because health ministers of the various EU member states have once again failed to reach a consensus over a law proposed by the EU Commission last year. The objective of this proposed law on cross-border health care is precisely to ascertain and clarify the rights of EU citizens to seek medical treatment in a member state other than their own.
This law would give EU citizens the right to non-hospitalisation care in a member state other than their own to the same extent as health benefits in their own member state. They would not need prior authorisation and would be reimbursed by their own social security system. Patients would also be able to seek hospital care in another member state and get the costs reimbursed, but in this case the member states might require prior authorisation.
Although it is true that most persons seek and prefer to obtain medical treatment in their own country, the instances are increasing where patients feel the necessity for some reason or other to obtain such treatment in another member state. This could be the case if, for example, highly-specialised procedures are required which are not carried out in their country of origin or in border areas where the nearest appropriate facility is in another member state.
Though the Court of Justice has in various rulings asserted an EU citizen's right to seek medical treatment in a member state other than his own and be reimbursed for such treatment by his country of origin, much uncertainty still remains as to how to apply the principles laid down by the Court. By way of example, a number of definitions as to what can be termed a "hospital" or as to what is "non-hospital" care and "specialised" care are indispensable for a patient to be able to exercise his rights with the utmost peace of mind that he will be reimbursed at home for the treatment that he obtains abroad.
Another important issue alluded to by the European Court of Justice and which requires further clarification is the principle of prior authorisation, in the sense, that patients need clear rules which identify those instances when prior authorisation by the home member state is required for reimbursement to take place and those instances in which no such authorisation is required.
Another issue which is to be tackled by the proposed law is that of "adequate information". Patients ought to be given all the information possible in order to be in a position to make an informed choice as to where it is best for them to obtain the best medical treatment available.
Though general consensus on some of the aspects of the draft directive has now been reached, there are a number of stumbling blocks which still need to be overcome. In particular, some member states have objected to the draft law on the basis that it would put their health systems under strain in particular in so far as long-term care is concerned while others are seeing it as a threat to national sovereignty over health care.
The ball is now in the court of the European Parliament which must issue its opinion on the draft law over the coming months. What is certain is that EU citizens ought to be afforded more legal certainty in an area of their lives which is among the most sensitive - health. Patients and medical service providers alike must be provided with clear rules to enable them to exercise freely their right as EU citizens to partake of the fundamental right of free movement and of all the benefits which accrue from partaking of a single market, that is, the EU.
mariosa@vellacardona.com
Dr Vella Cardona is a practising lawyer and a freelance consultant in EU, intellectual property, consumer protection and competition law. She is also a visiting lecturer at the University of Malta.