CROSS-BORDER HEALTHCARE AND EUROPEAN UNION LAW Ferrara, 15 th 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
Cross-border 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 of 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 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 on the application of Patients' Rights in Cross-Border Healthcare
Cross-border healthcare 25 October 2013: deadline for implementation � Evaluative study on 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
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