Introduction
On 2 July 2008 the EU Commission issued a proposal for a directive on the application of patients’ rights in cross-border healthcare.
This initiative aims at ensuring a clear and transparent framework for the provision of safe, high quality and efficient cross-border healthcare within the EU, for those occasions where the care patients seek is provided in another Member State than in their home country. The patient would be reimbursed up to the amount that would have been paid had they obtained that treatment at home, but they bear the financial risk of any additional costs arising.
Key issues
The Member State of treatment has to ensure that mechanisms for patients to seek redress and compensation if they suffer harm as a result of receiving cross-border healthcare are in place. However, it is for the Member State to determine the nature and modalities of such mechanisms, for example, through professional indemnity insurance, or a guarantee or similar arrangement which is equivalent or essentially comparable as regards its purpose.
This means that the Directive will not make it compulsory to EU healthcare professionals providing cross-border healthcare to have professional indemnity insurance, but a Member State may choose to make it compulsory.
Implementation
The proposed directive has been sent to the European Parliament and Council for co-decision.
Further information
A copy of the proposal for a Directive on the application of patients’ rights in cross-border healthcare can be found on the EU Commission’s website.
