Activities of Harlem DÉSIR related to 2008/0142(COD)
Plenary speeches (1)
Explanations of vote
Amendments (13)
Amendment 50 #
Proposal for a directive
Citation 1
Citation 1
Having regard to the Treaty establishing the European Community, and in particular Articles 95, 137 and 152 thereof,
Amendment 53 #
Proposal for a directive
Recital 1 a (new)
Recital 1 a (new)
(1a) whereas citizens’ entitlements to social security derive from their status as workers, in accordance with Article 137, in particular paragraphs 1, 2 and 4 thereof, and the Commission has a duty to guarantee the Member States’ responsibility with regard to health,
Amendment 61 #
Proposal for a directive
Recital 4
Recital 4
(4) Health and health systems in the Member States are a matter of general interest. The health systems of the CommunityMember States are a central component of Europe’s high levels of social protection, and contribute to social cohesion and social justice as well as to sustainable development. They are alsoAlthough their specific nature should be noted, at the same time they are part of the wider framework of services of general interest.
Amendment 84 #
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 account principles ofcompliance with principles of general interest, universality, access to good quality care, equity and solidarity, and the public-service missions that derive therefrom , as conferred upon health service providers, they shall define clear quality and safety standards for healthcare provided on their territory, and ensure that:
Amendment 125 #
Proposal for a directive
Article 8 – paragraph 1 – point a
Article 8 – paragraph 1 – point a
(a) healthcare which requires overnight accommodation of the patient in question for at least one night or which is defined as such by the national law of the Member State of affiliation.
Amendment 140 #
Proposal for a directive
Recital 30
Recital 30
(30) There is no general definition of what constitutes hospital care throughout the different health systems of the Community, and different interpretations could therefore constitute an obstacle to the freedom for patients to receive healthcare. In order to overcome that obstacle, it is necessary to provide a Communitygeneral definitions of hospital care and specialised care. Hospital care generally means care requiring the overnight accommodation of the patient. However, it may beis also appropriate to submit to the same regime of hospital care also certain other kinds of healthcare, if that healthcare requires use of highly specialised and cost- intensive medical infrastructure or medical equipment (e.g. high-technology scanners used for diagnosis) or involving treatments presenting a particular risk for the patient or the population (e.g. treatment of serious infectious diseases). A regularly updated list of such treatments shall be specifically defined by the Commission through the comitology procedurEach Member State of affiliation should draw up a list of such treatments which will be paid for by its social security system. This list must be published and should not constitute a disproportionate obstacle.
Amendment 151 #
Proposal for a directive
Recital 31
Recital 31
(31) The evidence available indicates that the application of free movement principles regarding use of healthcare in another Member State within the limits of the cover guaranteed by the statutory sickness insurance scheme of the Member State of affiliation will not undermine the health systems of the Member States or financial sustainability of their social security systems. However, the Court of Justice has recognised that it cannot be excluded that the possible risk of seriously undermining a social security system's financial balance or the objective of maintaining a balanced medical and hospital service open to all may constitute overriding reasons in the general interest capable of justifying a barrier to the principle of freedom to provide services. The Court of Justice has also recognised that the number of hospitals, their geographical distribution, the way in which they are organised and the facilities with which they are provided, and even the nature of the medical services which they are able to offer, are all matters for which planning must be possible. This Directive should therefore provide for a system of prior authorisation for assumption of costs for hospital and specialised care received in another Member State, where the following conditions are met : had the treatment been provided on its territory, it would have been assumed by its social security system and the consequent outflow of patients due to the implementation of the directive seriously undermines or is likely to seriously undermine the financial balance of the social security system and/or this outflow of patients seriously undermines, or is likely to seriously undermine 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. As the assessment of the precise impact of an expected outflow of patients requires complex assumptions and calculations, the Directive allows for a system of prior authorisation if there is sufficient reason to expect that the social security system will be seriously undermined. This should also cover cases of already existing systems of prior authorisation which are in conformity with conditions laid down in Article 8.
Amendment 170 #
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
1. The Member States of affiliation shall ensure that there are mechanisms in place to provide patients on request with information on receiving healthcare in another Member State, and the terms and conditions that would apply, inter alia, whenever harm is caused as a result of healthcare received in another Member State. The Member States of affiliation shall ensure that the information provided to patients corresponds to public health considerations and is impartial, comparative and complete.
Amendment 197 #
Proposal for a directive
Article 1
Article 1
Amendment 199 #
Proposal for a directive
Article 14 – paragraph 2 – point b
Article 14 – paragraph 2 – point b
(b) measures to ensure that medicinal products prescribed in one Member State and dispensed in another are correctly identified and that the information to patients concerning the product is comprehensible; prescriptions issued using this Community form must be formulated in accordance with the international non-proprietary name (INN) system;
Amendment 209 #
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 privatcross-border healthcare and to individual patients who independently choose to seek healthcare abroad. This Directive shall not serve to encourage the provision of cross-border healthcare or the referral of patients by the social security scheme of a Member State to the healthcare system of another Member State in order to receive treatment there.
Amendment 437 #
Proposal for a directive
Article 7
Article 7
The Member State of affiliation shall not make the reimbursement of the costs of non-hospital care provided in another Member State subject to prior authorisation, where the cost of that care, if it had been provided in its territory, would have been paid for by its social security system. . Any patients who receive non-hospital care in another Member State shall notify this care to the social security scheme of their Member State of affiliation before they leave to receive the care They shall also declare that they have received information concerning the care, in accordance with Article 10 of this Directive. If such a declaration is not sent with the notification of non-hospital care in another Member State, the social security scheme of the Member State of affiliation shall ascertain from the patients that they have taken steps prior to their departure to receive all the necessary information relating to this non-hospital care in another Member State.
Amendment 443 #
Proposal for a directive
Article 8
Article 8
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 noas defined in the legislation of the Member State of affiliation, which shall be subject to planning if it requires overnight accommodation of the patient in question for at least one night. This list shall be limited to: - healthcare that or requires use of highly specialised and cost-intensive medical infrastructure or medical equipment; or - healthcare involvinges treatments presenting a particular risk for the patient or the population. 23. 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).3. 3. The Member State of affiliation may provide for a system ofe Member State of affiliation shall submit for prior authorisation fthe payment or reimbursement by its social security system of the cost of hospital or specialised 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 seriousl, as defined by the Member State of affiliation in accordance with Paragraph 1. 4. The refusal of prior authorisation shall be limited to what is necessary uandermine: (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. 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 proportionate and shall not constitute a means of arbitrary discrimination. 4a. The authorisation required under Paragraph 1 may be refused if it is established that a move may compromise the patient's state of health or the provision of medical treatment. 5. The Member State shall make publicly available all relevant information on the prior authorisation systems introduced pursuant to the provisions of paragraph 3.