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Purpose of the consultation
This consultation document seeks views to inform the UK (as Member State) Government's negotiating position (on behalf of Health Departments in Scotland, England, Wales & Northern Ireland) on the draft EU Directive on the application of patients' rights in cross-border healthcare, and seek views on what impacts the Directive could have on Scotland.
Summary of the document
On 2 July 2008 the European Commission published a draft Directive on the application of patients' rights in cross-border healthcare. The draft legislation seeks to codify existing European Court of Justice case law on patients' rights in accessing cross-border healthcare, and clarify its application.
The draft sets out a legal framework for patients accessing healthcare in another EU Member State. The broad outline of the Commission's proposal is that in cases of patients accessing cross-border care the 'home' state has responsibility for deciding what healthcare it will fund and for setting up a system of reimbursement. The patient will be entitled to reimbursement up to the amount the home state would have paid to treat that person at home. Where a patient is treated in another Member State, that country's legislation and standards will apply.
The draft legislation also proposes areas where the EU can add value to healthcare. These include:
- recognition of prescriptions;
- e-health;
- European reference networks;
- health Technology Assessment and
- sharing data.
The draft Directive will now be subject to negotiation with the European Parliament and Member States. The Scottish Government is seeking views to inform the UK's negotiating position. This consultation document explains the main aspects of the draft Directive and the Scottish Government's initial views, which chime with those of the UK Government.
To accompany this consultation document, the Department of Health has published a UK-wide partial impact assessment, including an equality Impact screening template. This can be found on the Department of Health's Website at: www.dh.gov.uk/en/consultations/index.htm
A copy of the Directive is attached as Annex 1.
For details of how to comment, please see page 23.
This consultation runs until 3 December 2008.
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