11 Amendments of Astrid LULLING related to 2008/0142(COD)
Amendment 13 #
Proposal for a directive
Recital 10
Recital 10
(10) For the purpose of this Directive, the concept of ‘cross-border healthcare’ covers the following modes of supply of healthcare: – Use ofonly healthcare abroad (i.e.: a patient moving to a healthcare provider in another Member State for treatment); this is what is referred to as '‘patient mobility'; – Cross-border provision of healthcare (i.e.: delivery of service from the territory of one Member State into the territory of another); such as telemedicine services, remote diagnosis and prescription, laboratory services; – Permanent presence of a healthcare provider (i.e.: establishment of a healthcare provider in another Member State); and, – Temporary presence of persons (i.e.: mobility of health professionals, for example moving temporarily to the Member State of the patient to provide services)’.
Amendment 14 #
Proposal for a directive
Recital 13
Recital 13
(13) Moreover, patients from other Member States should enjoy equal treatment with the nationals of the Member State of treatment and, according to the general principles of equity and non discrimination, as recognized in Article 21 of the Charter they should in no way be discriminated upon on the basis of their sex, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation. There is therefore a need to require the fundamental values common to the European Union’s health systems as adopted by the Council in June 2006, including universality, access to good quality care, equity and solidarity, to be an essential component of social protection in Europe. Member States may differentiate in the treatment accorded to different groups of patients only where they can demonstrate that this is justified by legitimate medical grounds, such as in case of specific measures for women or for certain ages groups (e.g. free of charge vaccination for children or elderly people). Furthermore, as this Directive respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union, it has to be implemented and applied with due respect for the rights to equality before the law and the principle of non-discrimination in accordance with the general principles of law, as enshrined in Articles 20 and 21 of the Charter. This Directive applies without prejudice to Directive 2000/43/EC of the Council of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin, and other Directives giving effect to Article 13 of the EC Treaty. In the light of this, the Directive provides that patients shall enjoy equal treatment with the nationals of the Member State of treatment, including the benefit from the protection against discrimination provided for according to Community law as well as from the legislation of the Member State of treatment.
Amendment 19 #
Proposal for a directive
Article 1
Article 1
This Directive establishes a general framework for the provision of safe, high quality and efficient cross-borderhealthcare in another Member State, while establishing cooperation mechanisms between Member States in relation to healthcare and fully respecting national powers with regard to the organisation and delivery of healthcare.
Amendment 20 #
Proposal for a directive
Article 2
Article 2
This Directive shall apply to provision of healthcare regardless of how it is organised, delivered and financed or whether it is public or privatewithin the meaning of Article 4.
Amendment 21 #
Proposal for a directive
Article 4 – point a
Article 4 – point a
(a) ‘healthcare’ means any health service provided by or under the supervision of a health professional in exercise of his profession, andor health product provided or prescribed by a health professional to his patient with the aim of assessing, maintaining or restoring his state of health, regardless of the ways in which it is organised, delivered and financed at national level or whether it is public or private.;
Amendment 22 #
Proposal for a directive
Article 4 – point b
Article 4 – point b
(b) ‘cross-border healthcare’ means healthcare provided in a Member State other than that where the patient is an insured person or healthcare provided in a Member State other than that where the healthcare provider resides, is registered or is established;
Amendment 23 #
Proposal for a directive
Article 4 – point c
Article 4 – point c
Amendment 24 #
Proposal for a directive
Article 4 − point d
Article 4 − point d
(d) ‘health professional’ means a doctor of medicine or a nurse responsible for general care or a dental practitioner or a midwife or a pharmacist within the meaning of Directive 2005/36/EC or, another professional exercising activities in the healthcare sector which are restricted to a regulated profession as defined in Article 3(1)(a) of Directive 2005/36/EC or any other person legally providing healthcare in the Member State of treatment;
Amendment 30 #
Proposal for a directive
Article 8 − paragraph 1
Article 8 − paragraph 1
1. For the purposes of reimbursement of healthcare provided in another Member State in accordance with this Directive, ‘hospital care’ and ‘specialised care’ shall mean: (a) healthcare which requires overnight accommodation of the patient in question for at least one night. (b) healthcare, included in a specific list, that does not, as defined in the legislation in force in the Member State of affiliation, in cases where care requires overnight accommodation of the patient in question for at least one night. This list shall be limited to: – healthcare that requires or the use of highly specialised and cost- intensive medical infrastructure or medical equipment; or – healthcare involving treatments presentingwhere the treatment involves a particular risk for the patient or the population.
Amendment 31 #
Proposal for a directive
Article 8 − paragraph 2
Article 8 − paragraph 2
Amendment 32 #
Proposal for a directive
Article 8 − paragraph 3
Article 8 − paragraph 3
3. The Member State of affiliation may provide for a system of prior authorisation for reimbursement by its social security system of the cost of hospital care provided in another Member State where the following conditions are met: (a) had the healthcare been provided in its territory, it would have been assumed by the Member State's social security system; and (b) the purpose of the system is to address the consequent outflow of patients due to the implementation of the present Article and to prevent it from seriously undermining, or being likely to seriously undermine: (i) the financial balance of the Member State's social security system; and/or (ii) the planning and rationalisation carried out in the hospital sector to avoid hospital overcapacity, imbalance in the supply of hospital care and logistical and financial wastage, the maintenance of a balanced medical and hospital service open to all, or the maintenance of treatment capacity or medical competence on the territory of the concerned Member Stateshall reimburse the cost of hospital care and specialised care referred to in paragraph 1 when the treatment has been given prior authorisation.