Free Movement Of Patients In The Eu PDF Download

Access to health care abroad and patient mobility have generated active debate since judgments of the Court of Justice of the European Communities (ECJ) overruled the pertinent regulations, which made reimbursement by the social security system of medical services provided in another Member conditional on prior authorisation. In view of the Court these provisions infringed the principles of free movement of goods and services, which were held to apply to national social security systems. The rulings affected the balance between the economic freedoms enshrined in the Treaty which govern the internal market and the basic principles of social protection ensuring access to health care organised on a national level. The patients welcomed the Courtņs approach as a social improvement and a positive advance in the process of creating an internal market in health care. However, the Member States considered the rulings as encroaching on their prerogative of organising their protection and health systems in accordance with their own choices, operating rules and criteria for access to treatment and controls on the quality of care. Most of the governments also felt that unrestricted access to health care abroad would endanger the financial stability and planning requirements necessary for maintenance of essential health care services national territory. Up till now, the Member States do not share common interpretation of the jurisprudence and do not draw the same conclusions with regard to the right of patients to seek reimbursement for treatment abroad therefore cross-border mobility of patients is currently negligible. Since the issue is now attracting much attention, especially in countries where patients are confronted with waiting lists and other difficulties with access to specialised medical care further guidance is needed. This paper will present the major issues relating to the free movement of patients in the EU and assess the justificatory arguments put forward by the Member States. Moreover, it will consider whether the new legislative reform and simplification of the coordination Regulation and proposal of the Directive on Services in the Internal Market will bring better solution and more legal certainty into the issue of patient mobility.