2011 set off to a good start with the European Parliament voting in favour of the EU Directive on Patients' Rights in Cross-border Healthcare. The legislation concerns the application of patients’ rights in cross-border healthcare and seeks to eliminate obstacles hindering patients from seeking treatment in another Member State. This is especially important for rare disease patients who cannot find diagnosis locally or want to access a centre of expertise based in another country.
In a statement, John Dalli, European Commissioner for Health and Consumer Policy, said that the Directive will “help patients who need specialised treatment, for example those who are seeking a diagnosis or treatment for a rare disease”. He went on to say that “some rare diseases are not even recognised in some countries, let alone treated... small countries often can’t offer the same medical services as bigger nations.”
Patients seeking healthcare in another country, which involves an overnight hospital stay or is highly specialised and costly, will need to ask for permission from their national health authority in charge of reimbursement. “However the great step forward contained in this directive is that this prior authorisation can no longer be denied or postponed indefinitely,” explains Flaminia Macchia, EURORDIS’ European Public Affairs Director. “The good news is that travel for treatment of rare diseases not provided for in one’s country of affiliation cannot be refused.”
Another progress contained in the Directive is the clarification of rules and procedures to obtain reimbursement. Information centres are to be set up in all Member State countries offering patients data on treatments, providers and levels of reimbursement across the EU.
The Parliament’s Rapporteur on the Directive, French MEP Françoise Grossetête, said the aim of the directive was to clarify and simplify rules and procedures and to provide better information on patients’ rights.
The Directive, which has been under intense discussions for the past three years and has been amended several times, has had provisions added that are especially meaningful for those suffering from rare and complex diseases.
The final text refers several times to rare diseases and includes the EU definition of a rare disease, which in itself a consolidation of EU policy on rare diseases. In addition, Article 12 of the Directive states “The Commission shall support Member States in the development of European reference networks between healthcare providers and centres of expertise in the Member States, in particular in the area of rare diseases”.
“We are glad to see that the concepts of rare diseases and European Reference Networks appear in the final text,” says Flaminia Macchia. “The Directive will add to a growing list of legislation that takes into account the specific needs of rare disease patients. This gives us a robust legislative base to justify EU spending in the field of rare disease as part of the 3rd EU Public Health Programme.”
While the Directive is generally considered welcome, some are worried it will encourage “health tourism” with people seeking cheaper health services abroad. Grossetête admits the new rules may favour those living near national borders who will find it easier and cheaper to get treatment in a neighbouring country. Nevertheless, “I also hope that it will appeal to other people who may not be able to get treatment in their own country,” she says. According to EU statistics, the demand for cross-border healthcare only affects around one percent of public spending on health, while according to a EurordisCare survey, 2% of families have to seek diagnosis abroad.
“We fought for a legislation that is patient centred,” declared Grossetête. “Until now we had a regulation that took care of reimbursement in the case where an EU citizen had a medical emergency while travelling in another EU country. This Directive concerns planned medical interventions and aims at helping patients get the best care available across Europe.”
The law needs formal approval from the Council of Ministers before it can become operational. Once the Council of Ministers adopts it formally – a decision expected in April - Member States have 30 months to adapt national legislation in order to conform with the European Directive.
Read more:
Read the full text of the EU Directive on Patients' Rights in Cross-border Healthcare: http://register.consilium.europa.eu/pdf/en/11/pe00/pe00006.en11.pdf
Read the Q&A: Patients’ Rights in Cross-Border Healthcare: EUROPA - Press Releases - Q&A: Patient's rights in cross-border Healthcare
Consult the statement from John Dalli: EUROPA - Press Releases - Statement by John Dalli, European Commissioner for Health and Consumer Policy on the EU Directive on Patients' Rights in Cross-border Healthcare
Consult the European Parliament Press Release: 17-20 January 2011 - European Parliament Session
This article was first published in the April 2011 issue of the EURORDIS newsletter
Author: Paloma Tejada
Photo credits: © European Union, 2011
Page created: 12/03/2011
Page last updated: 01/04/2011
EU Cross Border Health Care Directive | www.eurordis.org
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