35 Amendments of Jan CREMERS related to 2008/0142(COD)
Amendment 23 #
Proposal for a directive
Title
Title
Proposal for a Directive of the European Parliament and of the Council on the application of patients’ rights in cross- border healthcareuse of healthcare abroad by individual patients
Amendment 25 #
Proposal for a directive
Citation 1
Citation 1
Having regard to the Treaty establishing the European Community, and in particular Article 95 and 16 thereof,
Amendment 30 #
Proposal for a directive
Title
Title
Proposal for a Directive of the European Parliament and of the Council on the application of patients’ rights in cross- border healthcareuse of healthcare abroad by individual patients
Amendment 32 #
Proposal for a directive
Citation 1
Citation 1
Having regard to the Treaty establishing the European Community, and in particular Article 95 and 16 thereof,
Amendment 61 #
Proposal for a directive
Article 1
Article 1
This Directive establishes a general framework for the provisionuse of safe, high quality and efficient cross-bordehealthcare abroad by individual patients who choose, of their own accord, to travel for healthcare.
Amendment 65 #
Proposal for a directive
Article 2
Article 2
Amendment 66 #
Proposal for a directive
Article 2 a (new)
Article 2 a (new)
Article 2a In order to accomplish the missions of general interest entrusted to their health care systems Member States shall follow in the application of this Directive the principles of general interest; i.e. universality, accessibility to good quality care, equity, solidarity, and affordability of health services. In order to guarantee a high level of public health as required by Article 152 of the EC Treaty, Member States should give prevalence to these principles, in the event that the provisions of this Directive conflict with the principles.
Amendment 77 #
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 thereceived by a patient isn an insured person or healthcare provided in aother Member State other than that where the healthcare provider resides, is registered or is establishedpatient is an insured person;
Amendment 78 #
Proposal for a directive
Article 4 – point c
Article 4 – point c
(c) "use of healthcare in another Member State" means healthcare providreceived in thea Member State other than that where the patient is an insured person.
Amendment 81 #
Article 4 – point h a (new)
(ha) Where, due to the application of Regulation (EC) 1408/71 and Regulation (EC) 883/04 respectively, the health insurance body in the Member State of residence of the patient is responsible for the provision of benefits according to the legislation of that state, then that Member State is regarded as the Member State of affiliation for the purposes of this Directive;
Amendment 85 #
Proposal for a directive
Article 5 – paragraph 1 - introductory part
Article 5 – paragraph 1 - introductory part
1. The Member States of treatment shall be responsible for the organisation and the delivery of healthcare. In such a context and taking into accounton the basis of 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:
Amendment 86 #
Proposal for a directive
Article 5 – paragraph 1 - point a a (new)
Article 5 – paragraph 1 - point a a (new)
(aa) These quality and safety standards are made publicly available in a clear and accessible format for citizens;
Amendment 91 #
Proposal for a directive
Article 5 – paragraph 1 - point g a (new)
Article 5 – paragraph 1 - point g a (new)
(ga) The public authorities in the Member State of treatment shall monitor regularly the accessibility, quality and financial state of their healthcare systems on the basis of the data collected under Article 18. They shall take timely measures to maintain the level of public health and the financial sustainability of the social security systems.
Amendment 92 #
Proposal for a directive
Article 5 – paragraph 1 - point g b (new)
Article 5 – paragraph 1 - point g b (new)
(gb) Member States shall define clearly patients’ rights and people’s rights in relation to healthcare, in accordance with the European Charter of Fundamental Rights.
Amendment 102 #
Proposal for a directive
Article 6 – paragraph 2
Article 6 – paragraph 2
The costs of healthcare provided in another Member State shall be reimbursed byor paid for by the social security system of 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 received. Member States may decide to cover other related costs, such as accommodation and travel costs.
Amendment 107 #
Proposal for a directive
Article 1
Article 1
This Directive establishes a general framework for the provisionuse of safe, high quality and efficient cross-border healthcarehealthcare abroad by individual patients who choose to travel for healthcare of their own accord.
Amendment 118 #
Proposal for a directive
Article 2
Article 2
Amendment 124 #
Proposal for a directive
Article 2 a (new)
Article 2 a (new)
In order to accomplish the missions of general interest entrusted to their health care systems Member States shall follow in the application of this Directive the principles of general interest; i.e. universality, accessibility to good quality care, equity, solidarity, and affordability of health services . In order to guarantee a high level of public health as required by Article 152 EC Treaty Member States should give prevalence to these principles, if the provisions of this Directive conflict with the principles.
Amendment 142 #
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 theused by a patient isn an insured person or healthcare provided in aother Member State other than that where the healthcare provider resides, is registered or is establishedpatient is an insured person;
Amendment 143 #
Proposal for a directive
Article 8 – paragraph 3 – introductory part
Article 8 – paragraph 3 – introductory part
The Member State of affiliation may provide for a system of prior authorisation for reimbursement or payment by its social security system of the cost of hospital care provided in another Member State where the following conditions are met, had the healthcare been provided in its territory, it would have been assumed by the Member State’s social security system. The purpose of the system is:
Amendment 144 #
Proposal for a directive
Article 8 – paragraph 3 – Point (a)
Article 8 – paragraph 3 – Point (a)
(a) had the healthcare been provided in its territory, it would have been assumed byto maintain the financial balance and sustainability of the Member State'’s social security system; and
Amendment 145 #
Proposal for a directive
Article 8 – paragraph 3 – point b
Article 8 – paragraph 3 – point b
(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 ofo ensure that patients are protected and are guaranteed, by a prior authorisation system, financial coverage of the treatment they receive in the Mmember Sstate's social security system; and/or (ii) of treatment; and (ba) to guarantee 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 148 #
Proposal for a directive
Article 4 – point c
Article 4 – point c
(c) "use of healthcare in another Member State" means healthcare providused in thea Member State other than that where the patient is an insured person.
Amendment 149 #
Proposal for a directive
Article 8 – paragraph 3 a (new)
Article 8 – paragraph 3 a (new)
3a. Nothing in the Directive requires healthcare providers to accept for planned treatment or to prioritise patients from other Member States to the detriment of other patients with similar health needs, such as through increasing waiting time for treatment.
Amendment 153 #
Proposal for a directive
Article 8 – paragraph 4 a (new)
Article 8 – paragraph 4 a (new)
4a. Prior authorisation application systems must be made available at a local/regional level and must be accessible and transparent to patients. The rules for application and refusal of prior authorisation must be available in advance of an application so that the application can be made in a fair and transparent way.
Amendment 164 #
Proposal for a directive
Article 9 – paragraph 4 – introductory part
Article 9 – paragraph 4 – introductory part
Member States shall, 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 and set out criteria by which they measure:
Amendment 175 #
Proposal for a directive
Article 11 – Title
Article 11 – Title
Applicable rules to healthcare providreceived in another Member State
Amendment 176 #
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
When healthcare is providreceived in a Member State other than that where the patient is an insured person, or in a Member State other than that where the healthcare provider resides, is registered or established, such healthcare service is provided according to the legislation of the Member State of treatment in accordance with Art. 5.
Amendment 177 #
Proposal for a directive
Article 5 – paragraph 1 – point a a (new)
Article 5 – paragraph 1 – point a a (new)
(aa) These quality and safety standards are made publicly available in a clear and accessible format for citizens;
Amendment 195 #
Proposal for a directive
Article 5 – paragraph 1 – point g a (new)
Article 5 – paragraph 1 – point g a (new)
(ga) Member States define clearly patients’ rights and people’s rights’ in relation to healthcare in accordance with the European Charter of Fundamental Rights.
Amendment 273 #
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/payment 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) t. 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): (a) to protect the financial balance and sustainability of Member State’s social security systems; and (b) to ensure that patients are protected and are guaranteed by a prior authorisation system, financial coverage of the treatment they receive in the Member State of treatment; and (c) to guarantee 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 280 #
Proposal for a directive
Article 8 – paragraph 3 a (new)
Article 8 – paragraph 3 a (new)
3a. Nothing in the Directive requires healthcare providers to accept planned treatment or to prioritise patients from other Member States to the detriment of other patients with similar health needs, such as through increasing waiting time for treatment.
Amendment 289 #
Proposal for a directive
Article 8 – paragraph 4 a – (new)
Article 8 – paragraph 4 a – (new)
4a. Prior authorisation application systems must be made available at a local/regional level and must be accessible and transparent to patients. The rules for application and refusal of prior authorisation must be available in advance of an application so that the application can be made in a fair and transparent way.
Amendment 328 #
Proposal for a directive
Article 11 – title
Article 11 – title
Applicable rules to healthcare providused in another Member State
Amendment 329 #
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
1. When healthcare is providused in a Member State other than that where the patient is an insured person, or in a Member State other than that where the healthcare provider resides, is registered or established, such healthcare service is provided according to the legislation of the Member State of treatment in accordance with Art. 5.