CROSS-BORDER HEALTHCARE AND EUROPEAN UNION LAW Ferrara, 13 th - PowerPoint PPT Presentation

CROSS-BORDER HEALTHCARE AND EUROPEAN UNION LAW Ferrara, 13 th March 2017 Fabiana Panin, PhD - University of Ferrara fabiana.panin@unife.it

Healthcare systems public Provider private public Financing private Beveridge Access Bismarck

EU policy perspective on access to healthcare

Cross-border healthcare What does cross-border healthcare mean? The possibility for a person insured in a Member State to be treated in another Member State and to be reimbursed.

Cross-border healthcare What does cross-border healthcare mean? The possibility for a person insured in a Member State to be treated in another Member State and to be reimbursed. What are the interests involved? - patients’ interests - States’ interests

Cross-border healthcare Art. 9 TFEU Artt. 4 and 6 TFEU Art. 6 TEU – Art. 35 Charter Art. 168 TFEU

Cross-border healthcare Council Regulation No. 1408/71 Regulation No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems

Cross-border healthcare Council Regulation No. 1408/71 Regulation No 883/2004 - migrant worker who needs a treatment in the Member State where he works - a person temporary staying in another EU country who needs to receive necessary or urgent medical benefits - an insured person authorised to go to another Member State to receive a treatment at his States’ expenses

Cross-border healthcare Art. 57 TFEU “Services shall be considered to be ‘services’ within the meaning of the Treaties where they are normally provided for remuneration, in so far as they are not governed by the provisions relating to freedom of movement for goods, capital and persons”.

Cross-border healthcare 1984: Luisi (C-286/82) and Carbone (C-26/83) 1998: Kohll (C-158/96) and Decker (C-120/95) 2001: Geraets-Smits &Peerbooms (C-157/99) 2001: Vanbraekel (C-368/98) 2003: Müller-Fauré (C-385/99) 2003: Inizan (C-56/01) 2006: Watts (C-372/04) 2007: Stamatelaki (C-444/05)

Cross-border healthcare Court case law + Regulation on coordination of social security systems Legal Uncertainty

Cross-border healthcare Directive 2011/24/EU on the application of Patients' Rights in Cross-Border Healthcare

Cross-border healthcare � 25.10.2013: deadline for implementation � Evaluative study on the cross-border healthcare Directive (March 2015) � Commission report on the operation of Directive 2011/24/EU on the application of patients’ rights in cross-border healthcare (September 2015) � Member state data on cross-border healthcare following Directive 2011/24/EU (October 2016) � Report of the Conference “Towards amplified awareness of EU rights to cross-border care” (October 2016)

Thanks for your attention!