Council decision on strengthening the rights of patients in the EU

Following the affirmative vote of European Parliament on 19 January, the Directive approved by the Council in its final form will now apply to patients and to the rights of patients receiving medical treatment in an EU member state outside their respective native countries.

“The new EU Directive on patients’ rights, will bring a number of benefits to patients that only use healthcare services in other member states.The freedom of choice and solidarity between member states are granted so patients’ rights will become stronger”, said Minister of State for EU Affairs, Enikő Győri, in the European Parliament’s legislative debate on January 18.

The European Commission had proposed the draft directive on cross-border rights for patients, in 2008.Based on previous judgements delivered by the European Court of Justice, the Directive seeks first of all, to set rules that provide easier access to safe, high quality, cross-border health services for European patients.The directive clarifies the rights of patients receiving health care in a foreign country, along with the concurrent rights and obligations of the member state where medical treatment and social security are provided.

The principle of the regulation is that patients should be eligible for the same amount of reimbursement in the country providing the health service, as they would receive in their native countries.This means the practical implementation of the “free movement of patients”, which requires coordination between the 27 health and social security systems of the 27 member states. The directive will create a framework for such cooperation between member states. The detailed rules relates to the settlement of reimbursements between member states , and ensure that patients are given accurate information about the level of health services that are available, in the individual countries.

The compromise also contains appropriate “constraints”, for example for an eventual large-scale influx of foreign patients, endangering the financial balance of the social security system or planning, in a member state.

Member states will have 30 months to transpose the directive’s provision into national legislation.