Patients already have the right, under European law, to receive medical treatment anywhere in the European Union and, subject to certain conditions, the costs, or a proportion of them, must be reimbursed by their home country. The draft proposals, put forward by the European Commission in July 2008, aim to clarify the rules around these existing rights.
State of play in Europe
Members of the European Parliament and Health Ministers have been discussing the proposals and the NHS European Office prepared a briefing, based on your responses to our consultation, setting out NHS views on some key aspects of the proposals. We have also drawn on your views to contribute an article to the journal Eurohealth on the implications of the EU proposals for the NHS.
Some key NHS concerns were addressed by amendments to the draft legislation voted through by MEPs in their report on the proposals. However, a number of EU countries continue to have major concerns about the potential impact of the proposals on their domestic healthcare systems and therefore Health Ministers have, so far, been unable to reach an agreement.
What does this mean for the NHS?
Whilst EU stakeholders consider next steps, the existing rules on cross-border healthcare, established in a number of European Court cases, remain in force and it is important that NHS organisations are aware of these. The NHS European Office has prepared summaries giving an introduction to the existing rules aimed at commissioners and providers.
Alongside engaging in the negotiations at EU level, the Department of Health (DH) has been reviewing how the existing UK framework fits with the rules that have emerged from EU case law, as well as looking ahead to prepare for implementation of the new rules if the draft directive is agreed in the future.
As part of this work, DH is currently finalising proposed interim regulations and guidance on the establishment of prior authorisation and reimbursement arrangements for NHS patients seeking treatment in another European country.
See the DH website to find out more or to submit views on the draft regulations or guidance.
Next steps
Efforts to reach an agreement will continue over the coming months. However, if progress remains slow, the European Commission has the option of looking again at their proposals, and potentially withdrawing the draft directive. They could then either bring forward different proposals or leave problem areas to be dealt with on a case-by-case basis by the Courts.
The NHS European Office will continue to monitor the situation and engage with EU decision-makers to advance NHS views. Further information will be available as developments occur.
More information about healthcare for travellers in Europe is available on our Healthcare in the EU page. For further information, contact: helena.bowden@nhsconfed.org