Activities of Karin KADENBACH related to 2008/0142(COD)
Plenary speeches (1)
Patients’ rights in cross-border healthcare (debate)
Amendments (8)
Amendment 97 #
Council position
Recital 2
Recital 2
(2) Article 114 of the Treaty is the appropriate legal basis since the majority of the provisions of this Directive aim to improve the functioning of the internal market andhave as their aim the free movement of goods, persons and services. Given that the conditions for recourse to Article 114 of the Treaty as a legal basis are fulfilled, Union legislation has to rely on this legal basis even when public health protection is a decisive factor in the choices made. In this respect, Article 114(3) of the Treaty explicitly requires that, in achieving harmonisation, a high level of protection of human health is to be guaranteed taking account in particular of any new development based on scientific facts.
Amendment 99 #
Council position
Recital 6
Recital 6
(6) Some issues relating 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 already been addressed by the Court of Justice. As healthcare is 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 important to address those issues in a specific Union legal instrument in orderThis directive is intended to achieve a more general and also an effective application of principles developed by the Court of Justice on a case- by- case basis. 1 OJ L 376, 27.12.2006, p. 36.
Amendment 112 #
Council position
Recital 23
Recital 23
(23) The right to the protection of personal data is a fundamental right recognised by Article 8 of the Charter of Fundamental Rights of the European Union. Ensuring continuity of cross-border healthcare depends on transfer of personal data concerning patients' health. Theose personal data should be able to flow freely from one Member State to another, but inat the same time the fundamental rights of the individuals should be safeguarded. Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data establishes the right for individuals to have access to their personal data concerning their health, for example the data in their medical records containing such information as diagnosis, examination results, assessments by treating physicians and any treatment or interventions provided. Those provisions should also apply in the context of cross-border healthcare covered by this Directive.
Amendment 124 #
Council position
Recital 44
Recital 44
(44) The Member States should decide on the form and number of their national contact points. Such national contact points may also be incorporated in, or build on, activities of existing information centres provided that it is clearly indicated that they are also national contact points for cross-border healthcare. The national contact points should have appropriate facilities to provide information on the main aspects of cross-border healthcare, including the potential risks involved. The Commission should work together with the Member States in order to facilitate cooperation regarding national contact points for cross-border healthcare, including making relevant information available at Union level. The existence of national contact points should not preclude Member States from establishing other linked contact points at regional or local level, reflecting the specific organisation of their healthcare system.
Amendment 142 #
Council position
Article 4 – paragraph 1 – introductory part
Article 4 – paragraph 1 – introductory part
1. Cross-border healthcare shall be provided in accordance with the legislation of the Member State of treatment and with standards and guidelines on quality and safety laid down by that Member StateThe Member States of treatment shall be responsible for the organisation and the delivery of cross-border healthcare, taking into account principles of universality, access to good quality care, equity and solidarity. They shall define clear quality standards for healthcare provided on their territory, and ensure compliance with existing Union legislation on safety standards, and that: (a) cross-border healthcare is provided in accordance with the legislation of the Member State of treatment; (b) cross-border healthcare is provided in accordance with standards and guidelines on quality defined by the Member State of treatment; (c) cross-border healthcare shall not lead to patients being encouraged against their will to receive treatment outside of their Member State of affiliation.
Amendment 146 #
Council position
Article 4 – paragraph 2 – point a
Article 4 – paragraph 2 – point a
(a) patients receive upon request relevant information on the standards and guidelines referred to in paragraph 1, including provisions on supervision and assessment of healthcare providers, and information on which healthcare providers are subject to these standards and guidelines; as well as information on the potential risks involved in cross-border healthcare.
Amendment 154 #
Council position
Article 4 – paragraph 4 – subparagraph 1
Article 4 – paragraph 4 – subparagraph 1
The Member States of treatment shall ensure that the healthcare providers on theirits territory apply the same scale of fees for healthcare for patients from other Member States, as for domestic patients in a comparable situation, or that they charge a price calculated according to objective, non- discriminatory criteria if there is no comparable price for domestic patients. At all events, health service providers shall be permitted to charge such costs of examination and treatment as the health service of the Member State of treatment covers for domestic patients receiving comparable treatment.
Amendment 224 #
Council position
Article 15 – paragraph 1
Article 15 – paragraph 1
1. The Commission shall be assisted by a Committee, consisting of representatives of the Member States and chaired by the Commission representative. In that process, the Commission shall ensure the consultation of experts from the relevant patient and professional groups, as well as the social partners, in an appropriate manner, especially in the context of the implementation of this Directive, and shall provide a report on those consultations.