Proposal for a Directive of the European Parliament and of the Council on the application of patients’rights in cross-border healthcare
(9 September 2010) This is an urgent appeal to you to get in touch with Members of the European Parliament in the ENVI Committee before 30 September, date when the report / resolution by the rapporteur Françoise Grossetête (EPP) will be tabled and discussed!
You can find the list of MEPs in the ENVI Committee here
You can find the different legislative texts here
Political agreement at Council level was reached under Spanish Presidency on 8 June. The compromise line is described as follows: It reflects the Council’s intention to full respect the case law of the European Court of Justice on patient’s rights in cross-border healthcare while preserving member states rights to organize their own healthcare. Importantly from an EPSU perspective the Council agreed on a double legal basis, striking herewith a better balance of article 114 TFEU (internal market) and article 168 (public health).
Further points: better possibility to manage incoming patients’ flows; clearer definition of the member state of affiliation, concerning in particular reimbursement of health costs of pensioners living in the EU outside their home country; long term care services are excluded.
Still, the inherent risks are not completely warded off. Also the compromise text from the Council contains the risk of further marketisation of the health care sector.
Importantly now we need to muster forces again to keep the political compromise in 2nd reading in the European Parliament
In discussion with MEPs we therefore need to reiterate our main concerns:
The principle of proximity in health care – no to widespread health tourism
The principle of solidarity in the provision and funding of health care, no marketisation
We also recommend to you a Research Paper (in English) that examines the impact of European Integration on national healthcare systems as a result of rulings of the European Court of Justice (ECJ) with regard to patient mobility. The paper analyses in detail the differences and similarities in the Member States’ reactions and explains how the Europeanisation of healthcare systems through ECJ cases sets off a dynamic process of creative adaptation at the national level. “The Europeanisation of National Healthcare Systems: Creative Adaptation in the Shadow of Patient Mobility Case Law.” Rita Baeten, Bart Vanhercke (OSE) and Michael Coucheir (University of Ghent). OSE Paper Series, Research Paper No. 3, July 2010.