Cross-Border Access to Health Care within the European Union: Recent Developments in Law and Policy

Abstract:

Within the European Union, health care and health insurance are in principle matters for the Member States. However, in recent years the health care and insurance sectors have witnessed an increased involvement of the EU institutions, especially in relation to patients’ cross-border access to health care.

Most notable has been the role of the European Court of Justice (ECJ), which in judgments like Kohll and Geraets-Smits and Peerbooms has imposed restrictions on the powers of the Member States and their sickness funds to regulate patients’ access to health care outside the national territory.

Less visible, but not necessarily less important, has been the role of the political EU institutions, which have been, and still are, working on simplifying Regulations 1408/71 on the co-ordination of social security schemes, including the provisions on medical benefits, and, in close collaboration with the Member States and representatives of the health care and insurance sectors, have commenced studying the impact of cross-border movement on the organisation and funding of the national health care systems.

This contribution presents a brief overview of the most recent European developments and initiatives concerning the rights of patients to gain access to health care across the border.