Research On Directive On The Application Of Patients’ Rights In Cross-border Healthcare Of EU

In February 28,2011, the EU Council of Ministers formally adopted DIRECTIVE 2011/24/EU,namely the application of patients’rights in cross-border health care.This directive is the codification of case laws on cross-border health care of EU Court of Justice, which helps to strengthen the medical services of the Member States on cooperation and bonds.The residents of the Member States in seeking cross-border health services clear their own rights according to the Directive.In addition,it may also force the Member States to strengthen co-ordination between the different social security systems.Legal basis and foundation is Article 114 of the Treaty on the Functioning of the EU. The purpose of the directive is to promote patient access to safe and high quality health care services and to promote cross-border cooperation between Member States, fully respecting the competence of Member States in the organization and coordination of their health services.The directive applies to medical services, regardless of the medical service provider founded, the way they operate and which types of capital formation, it does not apply to long-term care home, organ transplantation, and public vaccination programs.The directive provides a legal framework primarily related to reimbursement rules of the cross-border health care, obligations of the Member States and the framework of medical services between the Member States.The rules of reimbursement in the Direct is the codification of the Kohll-Decker case law.Both Case Kohll and Case Decker are about EU citizens to seek cross-border health care reimbursement, in which European Court of Justice of concluded rules about reimbursement of cross-border health services,subsequently forming case law.According to the rules identified in the Kohll-Decker case law, the Member States of affiliation shall ensure that the cost of cross-border health care is reimbursed,if the health care in question is among the benefits to which the insured person is entitled in the Member State of affiliation. The insured person may be subject to the prior authorization for reimbursement of cross-border health care costs, which is a exceptional circumstances.Further,some restrictions on the prior authorization are laid down in the Directive, and which has set out the grounds that the Member States may refuse the quest of the insured person.In addition, principles and administrative procedures to be followed for reimbursement are also laid down.The other important part is to clear the obligations of the Member States concerned. First is the obligation of the Member States of treatment, including legislation, information accessibility related to cross-border medical services, the right of informed choice and informed consent, the remedy procedure while the medical damage occurred, personal data processing privacy,and medical service fees and other aspects of fair and open. Secondly,the obligation of the Member States of affiliation includes the reimbursement of the cost of cross-border health services, information access related to cross-border medical services, ensuring the continuity of medical treatment and access to copy the relevant medical records for patients.It also establishes a framework for cooperation in health care services among Member States, including the recognition of other Member States with a prescription, promotion of the European reference network in the medical services, and improvement of cooperation rare diseases, e-health network and medical technology assessment cooperation.Before the October 25 of 2013, Member States should transform the Direct of the application of patients’rights in cross-border health care into national law.The directive would have an impact on the flow of patients, medical services, providers and individuals in medical services.Also,it would have a significant effect on the social security systems of the Member States.DIRECTIVE 2011/24/EU on the application of patients’ rights in cross-border healthcare may release the message for their patients that he (she) could obtain a more comprehensive and rich patient rights than the EU social security coordination regulations (such as No.883/2004 of EU),especially the right to a broader cross-border healthcare.On the other hand,it may release the information that the Member States of EU should should be work harder to promote the collaboration between countries in the field of medical service. The directive explicitly requested its application shall be without prejudice to other relevant EU legislation, however,compared with other relevant laws,the content of the patient rights are overlapping and cross.After its application and the forced domestic regulations, it must have some influence on the patient the cross-border flow and the cross-border medical services in EU.This directive is an important and practical summary of EU cross-border provisions of medical services. It will be a certain reference to the cross-administrative areas patient mobility (the cross-administrative areas medical services) and the cross-border patient mobility (the cross-border medical services) in China.