CROSS-BORDER HEALTHCARE AND EUROPEAN UNION LAW Ferrara, 15 th - - PowerPoint PPT Presentation

CROSS-BORDER HEALTHCARE AND EUROPEAN UNION LAW

Ferrara, 15th March 2016 Fabiana Panin - University of Ferrara

Healthcare systems

public Provider private public Financing private Beveridge Access Bismarck

EU policy perspective on access to healthcare

What does cross-border healthcare mean?

The possibility for a person insured in a Member State to be treated in another Member State and to be reimbursed.

What are the interests involved?

• patients’ interests
• States’ interests

Cross-border healthcare

• Art. 9 TFEU
• Artt. 4 and 6 TFEU
• Art. 6 TEU – Art. 35 Charter
• Art. 168 TFEU

Cross-border healthcare

Council Regulation No. 1408/71 Regulation No 883/2004

• f the European Parliament and of the Council of 29

April 2004 on the coordination of social security systems

Cross-border healthcare

Council Regulation No. 1408/71 Regulation No 883/2004

• migrant worker who needs a treatment in the

Member State where he works

• a person temporary staying in another EU country

who needs to receive necessary or urgent medical benefits

• an insured person authorised to go to another

Member State to receive a treatment at his States’ expenses

Cross-border healthcare

Cross-border healthcare

• Art. 57 TFEU

“Services shall be considered to be ‘services’ within the meaning of the Treaties where they are normally provided for remuneration, in so far as they are not governed by the provisions relating to freedom of movement for goods, capital and persons”.

Cross-border healthcare

1984: Luisi (C-286/82) and Carbone (C-26/83) 1998: Kohll (C-158/96) and Decker (C-120/95) 2001: Geraets-Smits &Peerbooms (C-157/99) 2001: Vanbraekel (C-368/98)

2003: Müller-Fauré (C-385/99) 2003: Inizan (C-56/01) 2006: Watts (C-372/04) 2007: Stamatelaki (C-444/05)

Cross-border healthcare

Court case law + Regulation on coordination of social security systems Legal Uncertainty

Cross-border healthcare

Directive 2011/24/EU

• n the application of Patients'

Rights in Cross-Border Healthcare

Cross-border healthcare

25 October 2013: deadline for implementation Evaluative study

• n

the cross-border healthcare Directive (March 2015) Commission report on the operation of Directive 2011/24/EU on the application of patients’ rights in cross-border healthcare (September 2015)

Considerations on the impact of patient mobility

• Organizational and financial planning
• Impact on internal system
• Impact on investments
• Patients’ capability