14 Amendments of Anna HEDH related to 2008/0142(COD)
Amendment 38 #
Proposal for a directive
Recital 2
Recital 2
Amendment 78 #
Proposal for a directive
Recital 27
Recital 27
Amendment 103 #
Proposal for a directive
Recital 45
Recital 45
(45) In particular, power should be conferred on the Commission to adopt the following measures: proposal to the Member States of a list of treatments, other than those requiring overnight accommodation, to be subject to the same regime as hospital care; accompanying measures to exclude specific categories of medicinal products or substances from the recognition of prescriptions issued in another Member State provided for in this Directive; a list of specific criteria and conditions that European reference networks must fulfil; the procedure for establishing European reference networks. Since those measures are of general scope and are designed to amend non-essential elements of this Directive, or to supplement this Directive by the addition of new non-essential elements, they should be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC.
Amendment 108 #
Proposal for a directive
Article 1
Article 1
This Directive establishes a general framework for the provision of safe, high quality and efficient cross-border healthcare. The aim of healthcare is to provide good health and care on equal terms for the entire population. Care shall be provided with respect for the equal value of all and the dignity of the individual.
Amendment 166 #
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
The Member States of treatment shall be responsible for the organisation and the delivery of healthcare. In such a context and taking into account principles of universality, access to good quality care, equity and solidarity, they shall define clear quality and safety standards for healthcare provided on their territory, and ensure that: (a) mechanisms are in place for ensuring that healthcare providers are able to meet such standards, taking into account international medical science and generally recognised good medical practices; (b) the application of such standards by healthcare providers in practice is regularly monitored and corrective action is taken when appropriate standards are not met, taking into account progress in medical science and health technology; (c) healthcare providers provide all relevant information to enable patients to make an informed choice, in particular on availability, prices and outcomes of the healthcare provided and details of their insurance cover or other means of personal or collective protection with regard to professional liability; (d) patients have a means of making complaints and are guaranteed remedies and compensation when they suffer harm arising from the healthcare they receive; (e) systems of professional liability insurance or a guarantee or similar arrangement, which are equivalent or essentially comparable as regards their purpose and which are appropriate to the nature and the extent of the risk are in place for treatment provided on their territory; (f) the fundamental right to privacy with respect to the processing of personal data is protected in conformity with national measures implementing Community provisions on the protection of personal data, in particular Directives 95/46/EC and 2002/58/EC; (g) patients from other Member States shall enjoy equal treatment with the nationals of the Member State of treatment, including the protection against discriminationThat shall be effected taking into account principles of universality, access to good quality care, equity and solidarity, and the principle that care shall be provided for according to Community law and national legislation in force in the Member State of treatmentneed.
Amendment 201 #
Proposal for a directive
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
1a. A Member State is able, not required, to receive patients from other Member States for planned healthcare. Such planned healthcare measures must not prejudice the Member State's ability or obligation to provide its own population with healthcare..
Amendment 253 #
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 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 require overnight accommodation of the patient for at least one night. This list shall be limited to: - healthcare that requires use of highly specialised and cost-intensive medical infrastructure or medical equipment; or - healthcare involving treatments presenting a particular risk for the patient or the population planned specialised care which requires advanced medical and technical competence. It is for each Member State to decide which measures are to be regarded as specialised care.
Amendment 264 #
Proposal for a directive
Article 8 – paragraph 2
Article 8 – paragraph 2
2. This list shall be set up and may be regularly updated by the Commission. Those measures, designed to amend non- essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 19(3)e Member State of affiliation shall decide what type of healthcare shall be regarded as hospital care in accordance with the criteria set out in paragraph 1 and shall notify the Commission of that decision.
Amendment 278 #
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 State.
Amendment 281 #
Proposal for a directive
Article 8 – paragraph 3 – point b a (new)
Article 8 – paragraph 3 – point b a (new)
(ba) where it is considered appropriate in order to prevent the further spread of multiresistant bacteria.
Amendment 285 #
Proposal for a directive
Article 8 – paragraph 4
Article 8 – paragraph 4
4. The prior authorisation system shall be limited to what is necessary and proportionate to avoid such impact, and shall not constitute a means of arbitrary discrimination.
Amendment 301 #
Proposal for a directive – amending act
Article 9 – paragraph -1 a (new)
Article 9 – paragraph -1 a (new)
-1a. Member States may restrict the choice of provider or apply other domestic planning measures, such as conditions, criteria and regulatory and administrative formalities in respect, for example, of rules on the use of public funds in healthcare. These may also be applied to cross-border non-hospital healthcare, provided they respect internal market freedoms and any such restrictions on access to non-hospital healthcare abroad are necessary, proportionate and non- discriminatory.
Amendment 305 #
Proposal for a directive – amending act
Article 9 – paragraph 1 a (new)
Article 9 – paragraph 1 a (new)
1a. Where there are rules in a Member State to the effect that care provided by a private provider which finances parts of its activities via private insurance is not paid for from public funds, Member States may decide that those rules shall also apply to cross-border care.
Amendment 310 #
Proposal for a directive – amending act
Article 9 – paragraph 3 a (new)
Article 9 – paragraph 3 a (new)
3a. Member States may offer patients a voluntary prior authorisation system under which the Member State of affiliation pays the care provider in another Member State directly.