21 Amendments of Dimitrios PAPADIMOULIS related to 2008/0142(COD)
Amendment 22 #
Proposal for a directive
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The European Parliament rejects the Commission proposal.
Amendment 24 #
Proposal for a directive
Citation 1
Citation 1
Having regard to the Treaty establishing the European Community, and in particular Article 95s 42, 152 and 308 thereof,
Amendment 26 #
Proposal for a directive
Recital 2
Recital 2
(2) Given that that the conditions for recourse to Article 95 of the Treaty as a legal basis are not fulfilled, the Community legislature shall rely on thise same legal basis even when public health protection is a decisive factor in the choices made; in this respect Article 95(3) of the Treaty explicitly requires that, in achieving harmonisation, a high level of protection of human health should be guaranteed taking account in particular of any new development based on scientific factsas Regulation 883/2004/EC on the coordination of social security systems, and also shall take Article 152 of the Treaty into account.
Amendment 33 #
Proposal for a directive
Recital 6
Recital 6
(6) Some issues related to cross-border healthcare, in particular reimbursement of healthcare provided in a Member State other than that in which the recipient of the care is resident, have been already addressed by the Court of Justice. As healthcare wasAs health care was rightfully excluded from the scope of Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market it is still important to address these issues in a specific Community legal instrufor Member States to ensure the accessibility of their respective public health care systems for patients and to continue concluding bilateral agreements in order to achieve a more general and effective application of principles developed by the Court of Jusor improve cooperation which promotes and benefits the rights of patients for high quality health care and treatment according to Article on a case by case basis152 of the EC Treaty.
Amendment 34 #
Proposal for a directive
Recital 8
Recital 8
(8) This directive aims to establish a general framework forcomplement Regulation (EEC) 1408/71 and its successor Regulation(EC) 883/2004 with regard to the provision of safe, high quality and efficient cross-border healthcare in the Community and to ensure patients mobility and freedom to provide healthcarethe application of patients' rights in the framework of patients mobility and a high level of protection of health, whilst fully respecting the responsibilities of the Member States for the definition of social security benefits related to health and the organisation and delivery of healthcare and medical care and social security benefits in particular for sickness.
Amendment 41 #
Proposal for a directive
Recital 19
Recital 19
Amendment 42 #
Proposal for a directive
Recital 21
Recital 21
Amendment 44 #
Proposal for a directive
Recital 22
Recital 22
Amendment 45 #
Proposal for a directive
Recital 23
Recital 23
Amendment 47 #
Proposal for a directive
Recital 26
Recital 26
Amendment 55 #
Proposal for a directive
Recital 37
Recital 37
(37) Realising the potential of the internal market for cCross-border healthcare requires cooperation between providers, purchasers and regulators of different Member States at national, regional or local level in order to ensure safe, high quality and efficient care across borders. This is particularly the case for cooperation in border regions, where cross-border provision of services may be the most efficient way of organising health services for the local populations, but where achieving such cross-border provision on a sustained basis requires cooperation between the health systems of different Member States. Such cooperation may concern joint planning, mutual recognition or adaptation of procedures or standards, interoperability of respective national information and communication technology systems, practical mechanisms to ensure continuity of care or practical facilitating of cross- border provision of healthcare by health professionals on a temporary or occasional basis. Directive 2005/36/EC on the recognition of professional qualifications stipulates that free provision of services of a temporary or occasional nature, including services provided by health professionals, in another Member State should not, subject to specific provisions of Community law, be restricted for any reason relating to professional qualifications. This Directive shouldall be without prejudice to those provisions of Directive 2005/36/EC.
Amendment 58 #
Proposal for a directive
Article 1
Article 1
This Directive establishes a general framework foraims at complementing the existing framework on the coordination of social security systems (Regulation (EEC) 1408/71 and its successor Regulation (EC) 883/2004) with a view to the application of patients' rights in the context of the provision of safe, high quality and efficient cross-border healthcare.
Amendment 70 #
Proposal for a directive
Article 3 – paragraph 2
Article 3 – paragraph 2
Amendment 99 #
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Subject to the provisions of this Directive, in particular Articles 76, 87 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 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. In any event, it is for the Member State of affiliation to determine the healthcare that is paid f, according to the same mechanisms as provided for by Regulation (EEC)1408/71 and its successor rRegardless of where it is providedulation (EC) 883/2004.
Amendment 103 #
Proposal for a directive
Article 6 – paragraph 2
Article 6 – paragraph 2
2. The costs of healthcare provided Member States must ensure that physicians and service providers which are working anos contract partners of their 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 exceeding the actual costs of healthcare receivedrespective national health systems or statutory social security systems are obliged to accept the European Health Insurance Card (EHIC), E-112 form etc. and treat patients showing their EHIC on the same conditions as stipulated by Regulation (EEC)1408/71 and its successor Regulation (EC) 883/2004 Member States must oblige service providers to post an EHIC symbol in the lobby of the service provider (e.g. in a similar way to credit cards in shops and restaurants) to indicate that the EHIC is accepted there in line with those Regulations.
Amendment 107 #
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 for receiving healthcare and reimbursement of healthcare costs as it would impose if the same s must ensure that physicians and service providers which are working as contract partners of their respective national health systems or statutory social security systems are prohibited from treating patients from another Member State on a private basis or demanding upfront cash payments from them, in such cases that the patient can prove her or his status as an insured person of the respective statutory similar healthcare was provided in its territory, in soocial security system of the respective Member State of affiliation by virtue of, faor as they are neither discriminatory nor an obstacle to freedom of movement of personsexample, the European Health Insurance Card, and theE-112 form..
Amendment 108 #
Proposal for a directive
Article 6 – paragraph 4
Article 6 – paragraph 4
Amendment 113 #
Proposal for a directive
Article 6 – paragraph 5
Article 6 – paragraph 5
5. Patients travelling to another Member State with the purpose of receiving healthcare therereceiving healthcare in a Member State other than their Member State of affiliation or seeking to receive healthcare provided in another Member State shall be guaranteed access to their medical records, in conformity with national measures implementing Community provisions on the protection of personal data, in particular Directives 95/46/EC and 2002/58/EC.
Amendment 119 #
Proposal for a directive
Article 8
Article 8
Amendment 160 #
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
1. The Member State of affiliation shall ensure that administrative procedures regarding the use of healthcare in another Member State related to any prior authorisation referred to in Article 8(3), reimbursement.22.1 c) and Art. 22.2 of Regulation (EEC) 1408/71, coverage of costs of healthcare incurred in another Member State and other conditions and formalities referred to in Article 6(31), are based on objective, non- discriminatory criteria which are published in advance, and which are necessary and proportionate to the objective to be achieved. In any event, an insured person shall always be granted the authorisation pursuant to Regulations on coordination of social security referred to in Art. 3.1 f) whenever the conditions of Art.22.1 c) and Art. 22.2 of Regulation (EEC) 1408/71 are met.
Amendment 162 #
Proposal for a directive
Article 9 – paragraph 3
Article 9 – paragraph 3
3. Member States shall specify in advance and in a transparent way the criteria for refusal of the prior authorisation referred to in Article 8(3).