Activities of Johannes BLOKLAND related to 2008/0142(COD)
Plenary speeches (1)
Patients' rights in cross-border healthcare (debate)
Amendments (11)
Amendment 60 #
Proposal for a directive
Recital 3
Recital 3
(3) This Directive respects the fundamental rights and observes the general principles of law as recognised in particular by the Charter of Fundamental Rights of the European Union. The right of access to healthcare and the right to benefit from medical treatment under conditions established by national law and practices are recognised by Article 35 of the Charter of Fundamental Rights of the European Union. Specifically, this Directive has to be implemented and applied with due respect for the rights to private and family life, protection of personal data, equality before the law and the principle of non- discrimination, the fundamental ethical choices of Member States and the right to an effective remedy and to a fair trial, in accordance with the general principles of law, as enshrined in Articles 7, 8, 20, 21, 47 of the Charter.
Amendment 65 #
Proposal for a directive
Recital 5 a (new)
Recital 5 a (new)
(5a) This Directive respects and does not prejudice the freedom of each Member State to decide what type of healthcare it considers appropriate. No provision of this Directive should be interpreted in such a way as to undermine the fundamental ethical choices of Member States, in particular as regards the protection of the right to life of every human being.
Amendment 87 #
Proposal for a directive
Recital 11
Recital 11
(11) As recognised by the Member States in the Council Conclusions on Common values and principles in European Union Health Systems there is a set of operating principles that are shared by health systems throughout the Community. These operating principles include quality, safety, care that is based on evidence and ethics, patient involvement, redress, the fundamental right to privacy with respect to the processing of personal data, and confidentiality. Patients, professionals and authorities responsible for health systems must be able to rely on these shared principles being respected and structures provided for their implementation throughout the Community. It is therefore appropriate to require that it is the authorities of the Member State on whose territory the healthcare is provided, who are responsible for ensuring compliance with those operating principles. This is necessary to ensure the confidence of patients in cross-border healthcare, which is itself necessary for achieving patients' mobility and free movement of provision of healthcare in the internal market as well as a high level of health protection. In view of these common values it is nevertheless accepted that Member States take different decisions on ethical grounds as regards the availability of certain treatments and the concrete access conditions. This Directive is without prejudice to ethical diversity. It does not impose on Member States to make treatments and services accessible their territory or to reimburse costs for those treatments (received in another Member State) which are not allowed under national laws, regulations and codes of conduct of the medical professions.
Amendment 204 #
Proposal for a directive
Article 1 - subparagraph 1 a (new)
Article 1 - subparagraph 1 a (new)
This Directive establishes a general framework for the provision of safe, high quality and efficient cross-border healthcare All EU citizens shall have free and equal access to healthcare in turn and according to need.
Amendment 215 #
Proposal for a directive
Article 2 - subparagraph 1 a (new)
Article 2 - subparagraph 1 a (new)
All Member States shall have the right under this Directive to decide whether healthcare should be provided by the public sector if the healthcare is provided on their territory.
Amendment 216 #
Proposal for a directive
Article 2 - subparagraph 1 a (new)
Article 2 - subparagraph 1 a (new)
This Directive is without prejudice to the right of Member States to set medical- ethical criteria to healthcare which is provided within or from their territory.
Amendment 343 #
Proposal for a directive
Article 5 – paragraph 1 – points c a and c b (new)
Article 5 – paragraph 1 – points c a and c b (new)
ca) the publicly designated authorising authority refers the patient to receive healthcare at places of treatment in other Member States; cb) the publicly designated authorising authority undertakes in advance to provide financial cover for treatments in the Member State of affiliation or in another Member State as a condition of the Member State of affiliation covering the costs.
Amendment 385 #
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Subject to the provisions of this Directive, in particular Articles 7, 8 and 9, the Member State of affiliation shall ensure that insured persons travelling to another Member State with the purpose of receiving healthcare there or seeking to receive healthcare provided in another Member State, will not be prevented from receiving healthcare provided in another Member State where the treatment in question is among the benefits provided for by the legislation, including administrative regulations, guidelines and codes of conduct of the medical professions, of the Member State of affiliation to which the insured person is entitled. The Member State of affiliation shall reimburse the costs to the insured person, which would have been paid for by its statutory social security system had the same or similar healthcare been provided in its territory. Healthcare can only be considered as being similar if it does not contravene the laws, regulations and codes of conduct of the medical professions of the Member State of affiliation. In any event, it is for the Member State of affiliation to determine the healthcare that is paid for regardless of where it is provided.
Amendment 404 #
Proposal for a directive
Article 6 – paragraph 2
Article 6 – paragraph 2
2. The costs of healthcare provided in another Member State shall be reimbursed by the Member State of affiliation in accordance with the provisions of this Directive up to the level of costs that would have been assumed had the same or similar healthcare been provided in the Member State of affiliation, without exce. If the cost of the care provided ing the actual costs of healthcare received the Member State of affiliation is higher than in the other Member State, the Member State of affiliation shall pay the difference into a solidarity treatment fund in the other Member States. This solidarity treatment fund shall provide support to enable patients from the cheaper countries to obtain full cover for treatment in the more expensive countries.
Amendment 413 #
Proposal for a directive
Article 6 – paragraph 3
Article 6 – paragraph 3
3. The Member State of affiliation may impose on a patient seeking healthcare provided in another Member State, the same conditions, criteria of eligibility and regulatory and administrative formalities including codes of conduct of the medical professions for receiving healthcare and reimbursement of healthcare costs as it would impose if the same or similar healthcare was provided in its territory, in so far as they are neitherot discriminatory nor an obstacle to freedom of movement of persons.
Amendment 530 #
Proposal for a directive
Article 9 – paragraph 4 – introductory part
Article 9 – paragraph 4 – introductory part
4. Member States shall, in accordance with the 'turn and need' principle, when setting out the time limits within which requests for the use of healthcare in another Member State must be dealt with, take into account: