Medical care in other EU countries

We all know that if you are involved in an accident in another EU country and require medical treatment, using your European health card you are entitled to the same treatment as nationals of that country.

But what if you need a cataract operation or knee replacement operation and the waiting list is too long in Malta? Can you seek free treatment abroad?

And what if you are away and run out of your pills? Will the pharmacist abroad recognise the prescription your doctor gave you in Malta?

These are the questions a new EU law on patients’ rights we voted on last week has tried to address. I am proud to have voted in favour of it on your behalf.

Although EU citizens have benefited from some cross-border healthcare services since 1971, these were based on social security arrangements rather than on a law specifically designed for patient rights.

The new law is therefore a first.

Over the years, the European Court of Justice repeatedly ruled on cases filed by patients who claimed reimbursement for treatment abroad. The court judged on individual cases and often gave redress to patients. But it was high time to enact an EU law that spells out clearly what patients are entitled to without forcing them to go to court.

Existing EU law already allows patients to seek healthcare abroad and be reimbursed by their national social security system if they obtain prior authorisation from their national health authorities before they travel. The authorisation can only be refused if the treatment is available in the patient’s own country within a medically reasonable time limit.

The new law now makes it clear that prior authorisation will only be required in three cases.

First, if the healthcare involves at least one overnight stay at hospital.

Second, in case of highly specialised and cost-intensive treatment.

And, third, prior authorisation is also required in serious and specific cases relating to the quality or the safety of the healthcare that is provided abroad.

In all other cases, no prior authorisation is required.

Now, in cases where prior authorisation is required, the national health authorities would only be able to refuse treatment abroad if this could present a risk for the patient or if appropriate health care can be provided at home in good time. However, if the authorisation is refused, the decision must be justified and patients would have the right to seek a review of the negative decision.

The new law will also clarify the rules on the level of reimbursement from the national authorities that patients would be entitled to.

Basically, patients will be reimbursed the same amount of money they would receive in their own country for the same treatment. In cases, such as Malta, where public healthcare is free, our national authorities would need to inform patients on the reimbursement tariffs that would be payable.

In the case of treatment unavailable in one’s own country, the new law would, for the first time, also give patients the right to seek treatment abroad and be reimbursed provided the treatment is included in the national “health benefits package”. We still need to see how this aspect of the law will be implemented.

There will be other benefits of having this new law.

Firstly, this law is beneficial for patients who cannot be treated in their own member state either because there is no specialist health services or simply due to never-ending waiting lists. This will, indirectly, force national healthcare systems to shape up in order to cut down on waiting-lists.

Secondly, the new law stresses cross-border cooperation on rare diseases.

Thirdly, the new law will enable, for the first time, the establishment of national contact points in each member state where citizens would be able to seek information, advice, assistance and help.

And, finally, prescriptions. The new law will ensure a prescription issued in one country will be recognised in another. This should put your mind at rest that if you run out of pills abroad, you will not have hassles in buying more.

But caution. This law will not mean you will be able to seek medical treatment abroad in all cases at the expense of the national coffers. Conditions apply and you should know your rights before you make the step of travelling abroad. This is so because national authorities would otherwise not be able to control costs and the financial sustainability of your own national healthcare system could be put at risk.

One final note. The new rights will not be in place immediately. Member states will have two and a half years to transpose the new law into their national legislation.

www.simonbusuttil.eu

Dr Busuttil is a Nationalist member of the European Parliament.