[ParlTrack]

Proposal for a directive
Recital 14 a (new)

(14a) Where patients from other Member States turn to the national public service in a different country, they should comply with the legislative framework of the Member State in which they are being treated or of the region receiving them in relation both to the admission process, waiting lists or the choice of doctor, and to patients' rights and hospital rules.

2009/01/21
Committee: ENVI

Cristina GUTIÉRREZ-CORTINES

Proposal for a directive
Recital 23

(23) The patient may choose which mechanism they prefer, but in any case, where the application of Regulation (EC) No 1408 /71 is more beneficial for the patient, the patient should not be deprived of the rights guaranteed by that Regulation.deleted

2009/01/21
Committee: ENVI

Cristina GUTIÉRREZ-CORTINES

Proposal for a directive
Recital 26

(26) This Directive does not provide either for transfer of social security entitlements between Member States or other coordination of social security schemes. The sole objective of the provisions regarding prior authorisation and reimbursement of healthcare provided in another Member State is to enable freedom to provide healthcare for both patients and healthcare providers and to remove unjustified obstacles to that fundamental freedom within the patient’s Member State of affiliation. Consequently the Directive fully respects the differences of national health-care systems and the Member States’ responsibilities for organisation and delivery of health services and medical care.deleted

2009/01/21
Committee: ENVI

Cristina GUTIÉRREZ-CORTINES

Proposal for a directive
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 the 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 provide for a system of prior authorisation for assumption of costs for hospital 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 Member State concerned. 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.deleted

2009/01/21
Committee: ENVI

Cristina GUTIÉRREZ-CORTINES

Proposal for a directive
Recital 31 a (new)

(31a) Bearing in mind that the diversity of European healthcare systems and financing models gives reason to suppose that many Member States will have problems in transposing this Directive into their national law, flexibility should be provided for in the implementation arrangements.

2009/01/21
Committee: ENVI

Cristina GUTIÉRREZ-CORTINES

Proposal for a directive
Article 6 – paragraph 2

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 exceeding the actual costs of healthcare received.

2009/01/22
Committee: ENVI

Cristina GUTIÉRREZ-CORTINES

Proposal for a directive
Article 8 – paragraph 5a (new)

5a. In Member States having a universal public healthcare system, the freedom of choice of patients wishing to use that system shall be governed by the legislative and procedural framework of the Member State of treatment , in view of the need to ensure that there is no positive discrimination in favour of patients from other Member States.

2009/01/22
Committee: ENVI

Cristina GUTIÉRREZ-CORTINES

Proposal for a directive
Article 9 – paragraph 4a (new)

4a. In view of the difficulties encountered by some public health systems in establishing the exact costs of all forms of service and treatment, a four-year period shall be opened from the date of adoption of this Directive for the purpose of evaluating costs and comparing the portfolio of services offered, taking due account of the substantial variations existing between Member States.

2009/01/22
Committee: ENVI

8 Amendments of Cristina GUTIÉRREZ-CORTINES related to 2008/0142(COD)

ParlTrack - 2011-2024