One year after the EU Patient Mobility Directive: a three-country analysis

Publishers Abstract
On October 25, 2013, a new era in the patient mobility debate began with the entering into force of the Cross-Border Health Care Directive (2011/24).

This legal document allows EU citizens to seek healthcare in other Member States. The Directive is the result of a number of rulings by the Court of Justice of the EU on reimbursement claims for medical treatment abroad based on the free movement principles.

After its formal approval by the European Parliament (2011), Member States have been working to incorporate the Directive into national law. The question is whether they have been successful, and if so, whether their legal framework is Europe-proof.

This article addresses specific topics regulated in the Directive, including prior authorisation, establishing national contact points, e-health, mutual recognition of prescriptions, and the co-operation on health technology assessment.

Moreover, a three-country analysis is presented, covering Croatia, Italy and the Netherlands. Representing different health care systems, each of these Member States seems to have dealt with the Directive in its own way, though respecting the underlying principles.

The diversity also reveals the unique problems countries are facing when implementing the Directive. At the same time, there are several commonalities indicating signs of a so-called Europeanisation of health care systems.

• Primary Source

Sweet and Maxwell: European Law Review http://www.sweetandmaxwell.co.uk/catalogue/productdetails.aspx?recordid=427&productid=6968

ESO: Background information: Report from the Commission to the European Parliament and the Council. Commission report on the operation of Directive 2011/24/EU on the application of patients’ rights in cross-border healthcare http://www.europeansources.info/record/report-from-the-commission-to-the-european-parliament-and-the-council-commission-report-on-the-operation-of-directive-2011-24-eu-on-the-application-of-patients-rights-in-cross-border-healthc/

ESO: Background information: The EU’s Patients’ Rights Directive in practice http://www.europeansources.info/record/the-eus-patients-rights-directive-in-practice/

ESO: Background information: Report from the Commission to the Council and the European Parliament compliant with the obligations foreseen under Article 20(3) of Directive 2011/24/EU of the European Parliament and of the Council of 9 March 2011 on the application of patients' rights in cross-border healthcare http://www.europeansources.info/record/report-from-the-commission-to-the-council-and-the-european-parliament-compliant-with-the-obligations-foreseen-under-article-203-of-directive-2011-24-eu-of-the-european-parliament-and-of-the-council/

---