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European Commission publishes ‘draft Directive on the application of patients’ rights in cross-border healthcare’

2 July 2008

On 2nd July 2008 the European Commission published a new ‘draft Directive on the application of patients’ rights in cross-border healthcare.’ If it becomes law, the Directive will clarify the existing rights of EU patients to access healthcare services in other member states – some of which, at present, are only defined by judgements of the European Court of Justice. This comes following a series of European Court of Justice rulings and the results of a Commission consultation on ‘Community action on health services’.

The Directive aims to provide a ‘clear framework’ for the provision of cross-border healthcare in a number of ways, firstly by clarifying patients’ right of access to cross-border medical treatment in the EU and the process of reimbursement for treatment. The Commission states that the Directive will also ensure the delivery of safe, high quality and effective treatment by assigning responsibility for this provision to the member state where treatment is provided, and by assessing the use of eHealth and other ‘health technology’ in healthcare systems.

The Directive has been acknowledged by several regulators and professional organisations in Europe. Its emphasis on patient rights has been welcomed, but the European Commission has also been urged to balance the healthcare professional’s right of mobility with the patient’s right to treatment from practitioners that are fit and safe to practice.

In order to become law the Directive will now be analysed and debated as part of the co-decision procedure and by qualified majority voting. Following a successful vote member states will have between 18 months and two years to transpose the Directive into national legislation.

The draft Directive can be viewed on the European Commission website at http://ec.europa.eu/health/ph_overview/co_operation/healthcare/docs/COM_en.pdf