Directive No. 2011/24/EU of March 9, 2011 on patients' rights in cross-border healthcare aims to guarantee patient mobility and the free provision of healthcare services.
It aims to facilitate access to safe, high-quality cross-border healthcare and to promote healthcare-related cooperation between EU and EEA (Iceland, Liechtenstein, and Norway) member States.
To whom does the directive apply?
What types of care are covered by the directive?
However, the following are not covered:
In which countries does the directive allow me to seek care?
What role does the directive assign to the national contact point?
It provides patients with information on:
What healthcare providers can I go to in an EU member State other than France?
All public or private healthcare providers, whether or not they are "conventionné" (adhere to a national agreement between practitioners and the social security system), practicing legally in a European Union or European Economic Area (Iceland, Liechtenstein, and Norway) country.
How do I choose a healthcare provider in another country if I plan to seek care there (scheduled care)?
1) If you are covered by the French healthcare system:
2) If you are covered by another country's healthcare system:
Whom do I contact for information on health care costs abroad?
The healthcare provider you see is required to provide you with clear information on his/her rates.
The national contact point of the country you plan to visit may also be able to provide you with information on applicable healthcare rates.
What to do before leaving, during, and after treatment abroad?
Before you decide to receive healthcare abroad:
Before you travel abroad for treatment:
During your treatment abroad:
Following treatment abroad:
Before you leave France, it is important that you contact the other country's national contact points and before you come to France, France’s national contact point (soinstransfrontaliers@cleiss.fr) to get all the information you need to ensure that your cross-border care goes forward smoothly.
Do I have the right to access my medical file?
Directive 2011/24/EU guarantees each patient the right to obtain a copy of his/her medical file, containing iinformation such as diagnosis, test results, assessments of treatment by the patient’s various health care providers, and information on any treatment or surgery provided.
How do I request a copy of my medical file before I come to France?
Your country’s designated national contact point can provide all the information you need on how to get a copy of your medical file.
If you receive care in France, make sure that the health care provider you see adds to your medical file (diagnosis, test results, treatment results, list of pharmaceuticals administered, post-op results, etc.)
How do I access my medical file in France and request a copy before I leave the country?
You can request access to your medical file, either personally or through your physician, by sending a registered letter to a health care professional or facility.
You are entitled to access your file within a maximum of 8 days following your request, and at the earliest following a 48 hour waiting period. The maximum turnaround time is 2 months for medical information that is more than 5 years old.
You can access your file free of charge if you go in person. If you want photocopies of your information, you cannot be charged more than the cost of photocopying or any postal fees.
Whom do I contact if I am denied access to my medical file in France?
a) Denial by a private-practice professional:
b) Denial by a public or private health care facility:
Cada then has a one-month deadline to notify you of its opinion. If the facility fails to comply with this opinion (continued denial of access), the patient can bring action before the administrative court (tribunal administratif) for ultra vires.
What information is included in my French medical file?
If you receive care in another country, make sure that the health care provider you see adds to your medical file (diagnosis, test results, treatment results, list of pharmaceuticals administered, post-op results, etc.)
What is a healthcare quality indicator?
An indicator is a tool for measuring a healthcare performance (e.g. the rate of nosocomial infections in a healthcare facility, the rate of traceability of pain assessment found in the patient record) or the management of structures (e.g. waiting times in emergency rooms) which makes it possible to make a valid and reliable estimate of the quality of care and its variations over time and space.
The quality and safety indicators are designed to assess the quality and safety of care in all public or private French hospitals and clinics. They are implemented with the help of healthcare professionals, patients and users of the healthcare system.
What is the purpose of a quality of care indicator?
The results of quality of care indicators are used to :
Where can I check the applicable quality and safety standards?
1) if you are considering coming to France to seek care:
2) if you are planning to seek care in another European Union member State:
Where can I find information on my rights as a patient in another country?
Since cross-border healthcare is provided pursuant to local law in the country of treatment, patients’ rights under that country’s domestic law apply. You have the same rights and privileges in terms of access to health care and treatment as domestic patients: rights to choose your health care provider, to informed consent, to equal treatment, to privacy, to access your medical records, to appeal and receive compensation, and to information on the cost of care.
For France, please refer to the page: Patients’ rights in France.
For other countries: the national contact point of the foreign country in which you receive treatment (list) or the health care provider you have chosen can supply more information on these rights.
Will a prescription for medications or medical devices written in another member State be recognized in France?
Pursuant to Directive 2011/24/EU, each member State must determine the rules for writing a cross-border prescription in order to ensure that medications and medical devices are dispensed securely and that the prescription is clearly understood by the health professional in the other country. Furthermore, the enforcement directive 2012/52/EU establishes a minimum set of information that must appear on all cross-border prescriptions.
Your prescription must contain at least the following information:
if the prescription is written outside of France, you can check with the other country's national contact point for information on the provisions applicable in that member.
the health professional writing the prescription must be licensed to prescribe in his/her home member State.
Will a prescription for medications or medical devices written in France be recognized in another member State?
A prescription written in France must include the following information:
The health professional writing the prescription must be licensed to prescribe in France.
Make sure to request a prescription in line with these requirements.
Under what circumstances can a prescription for medication or medical devices be declined?
How do I appeal a denial of prior authorization (S2 form)?
To appeal an administrative decision, you will need to start by filing a submission with your local health insurance fund (CPAM)’s arbitration board (Commission de recours amiable, CRA). (list of France’s local health insurance funds).
If your appeal is denied, you can then bring proceedings before the social security affairs section (pôle social) of the district court (Tribunal Judiciaire).
As a last resort, you can appeal to the court of appeals (Cour d’appel) and/or to the court of cassation (Cour de Cassation).
To appeal a medical decision, you will need to start by asking your local health insurance fund (Caisse d’Assurance Maladie) to conduct an expert medical assessment.
Moreover, on France’s Ministry of Justice website, you can search for contact information for each of the courts to which you can appeal by entering the name of the town in which the health insurance fund that denied the S2 form is located.
Are there restrictions on the coverage of healthcare provided within the European Union?
Important: A member State of insurance may require prior authorization for the coverage of certain types of care requiring a hospital stay of at least one night or the use of major medical equipment.
In addition, they may require those insured under other States' healthcare systems to go through the same administrative and regulatory formalities for reimbursement (healthcare pathway, consulting a primary care physician first, getting a medical prescription, etc.)
1) If you are insured in a State other than France:
You will need to get this information from one of the national contact points of the country in which you are insured or from your local health insurance.
2) If you are covered by the French healthcare system:
You will need to apply for prior authorization (S2 form) from your local health insurance fund (CPAM, MSA, etc..) for any of the following types of care:
However, for all other types of care that do not require prior authorization (S2 form) you will need to follow France's prior authorization procedure for the following care/services:
Under what circumstances can my request for prior authorization be denied?
How and where do I apply for prior authorization?
1) If you are insured in a country other than France:
You can get this information from your local health insurance fund in your home country.
2) If you are insured in France:
If you are covered under the general scheme, you will need to apply for this document (S2 form) by post to:
CPAM DU MORBIHAN
CNSE – MÉDECIN CONSEIL
CS 80330
56018 VANNES CEDEX
For other French social security schemes, you will need to apply for this document (S2 form) from your local health insurance fund in France.
You must indicate:
You must apply for your authorization far enough in advance so that the health insurance fund can process it before you leave.
You will receive notice of prior authorization or refusal of coverage within 14 days of receipt of your application. If you receive no response within this timeframe, your application has been approved.
To appeal a denial, you may contest the decision before your health insurance fund's arbitration board (commission de recours amiable).
How and where do I apply for prior authorization (under French law)?
Before you leave, you need to inquire whether the care or treatments you plan to receive will require prior authorization from the Health Insurance Fund in order to be covered. If so, prior authorization will be also required for coverage of scheduled care in another State.
Your designated primary care provider must fill out the request for prior authorisation of coverage and give it to you. You must then complete it and send it to the medical Service of your local Health Insurance Fund in France. You must also send the prescription (original or copy) for care or procedures performed by allied health professionals (physical therapists, speech therapists, orthoptists), for travel expenses for medical purposes, for lab exams or for medical equipment along with your application.
You will receive notice of prior authorization or refusal of coverage from your Health Insurance Fund within a period of 15 to 21 days of receipt of your application, depending on the nature of the care. If you receive no response within this timeframe, your application has been approved.
If your request for prior authorization has been denied, the decision must be reasoned and include instructions on the appeals procedure.
Will I need to pay upfront for the care I receive abroad and then apply for reimbursement?
Under the Directive No. 2011/24/EU, the patient is generally required to pay for healthcare upfront and then apply directly to his/her local health insurance fund in the home member State for reimbursement.
1) If you are covered by a foreign social security system:
Your home State's national contact points or your local health insurance fund in your home state can inform you about the applicable reimbursement process.
2) If you are covered by the French social security system:
There are various possible situations:
a) If you have received prior authorization (S2 form) for care subject to prior agreement:
b) If you receive ambulatory care not subject to prior authorization:
You will need to pay your expenses upfront and then apply to your local health insurance fund for reimbursement when you return home. Your local sickness fund will reimburse you only according to French rates.
What steps can I take if I am denied care in France?
You can bring proceedings before either:
How do I get reimbursement for care I received outside of France?
You will need to fill out and submit form S3125C to your local health insurance fund along with your paid medical bills and proof of payment to apply for reimbursement of your health care expenses in another country.
You have a two-year deadline in which to apply to your local health insurance fund for reimbursement of your care.
How do I appeal the amount I have been reimbursed by my local fund?
If the amount of your reimbursement is not what you expected, you will need to start by filing a submission with your local health insurance fund (CPAM)’s arbitration board (Commission de recours amiable/ CRA) (list of France's local insurance funds)
If your appeal is denied, you can then bring proceedings before the the social security affairs section (pôle social) of the district court (Tribunal Judiciaire).
As a last resort, you can appeal to the court of appeals (cour d’appel) and/or to the court of cassation (Cour de Cassation).
Moreover, on France’s Ministry of Justice website, you can search for contact information for each of the courts to which you can appeal by entering the name of the town in which the health insurance fund to which you belong is located.
What procedures do I follow if I suffer harm from cross-border healthcare?
Important: the applicable law is that of the country in which the care was provided:
1) If the care was provided in France:
Three procedures can be conducted at the same time :
2) If the care was provided in another member State:
How will I be treated if I need emergency care in another country?
Important: if you apply for reimbursement when you return home, you will have to choose between the reimbursement rates applicable in the country in which you received care or those applicable in your home State. Depending on how much you spent, it is very important to check the rates applicable in each country and to contact the local health insurance funds or national contact points before you make this decision.
Why did the European Commission create the European Reference Networks (ERN)?
The ERNs are being set up under the 2011 Directive on patients' rights in cross-border healthcare and their work stated on 1st march 2017. This Directive also makes it easier for patients to access information on healthcare and thus to increase their treatment options.
Cooperation at EU level makes a real difference to rare diseases patients and their families, as well as the health professionals helping them. No country alone has the knowledge and capacity to treat all types of rare, complex and low-prevalence conditions and diseases, but by cooperating and exchanging life-saving knowledge at European level through ERNs, patients across the EU will have access to the best expertise available.
What are European Reference Networks?
European Reference Networks (ERNs) are networks involving healthcare providers across Europe. They aim to tackle complex or rare diseases and conditions that require highly specialised treatment and a concentration of knowledge and resources. Currently, 24 thematic ERNs are active, involving over 900 medical teams in more than 300 hospitals from 25 EU countries, plus Norway.
The Commission has created the framework for the ERNs and provides grants and technical networking facilities to support network coordinators. However, the driving forces behind the ERNs are healthcare providers and national health authorities.
What medical areas are covered?
The 24 ERNs will work on a wide range of rare diseases. The full list of rare and complex pathologies can be found here: https://ec.europa.eu/health/ern/networks_en
How can the ERNs improve the lives of patients?
Between 6 000 and 8 000 rare diseases affect an estimated 30 million people in the EU. An unfortunate feature of rare diseases and complex conditions is the scarcity and fragmentation of specialist knowledge, which is often not available in the patient's region or country. Many patients therefore do not find a satisfactory explanation for their symptoms or the necessary knowledge on treatment options. By consolidating knowledge and expertise scattered across countries, the ERNs will give healthcare providers access to a much larger pool of expertise. This will result in better chances for patients to receive an accurate diagnosis and advice on the best treatment for their specific condition.
How will the ERNs work in practice?
ERNs are not directly accessible to individual patients. However, with the patients' consent, and in accordance with the rules of their national health system, a patient's case can be referred to the relevant ERN member in their country by their healthcare provider.
To review a patient's diagnosis and treatment, healthcare providers/members of an ERN will consult, exchange information and share knowledge with other members of the network. Coordinators of a specific ERN can convene inter-ERN 'virtual' advisory boards composed of medical specialists across different disciplines. A dedicated IT platform and telemedicine tools can be used for this purpose.
How can I access ERNs as a French patient ?
You can access european reference networks (ERNs) through your primary care physician if you are outside the rare disease network of expertise, or through the physician who is currently providing care in this expert circuit. This doctor will refer you to a specialised facility that can seek advice and expertise from the relevant ERN. The ERN will try to provide the best possible information and recommendations to the health care facility so that your doctor can assist you under the best conditions.
Will the ERNs tackle other diseases or work on other areas of cooperation?
The 24 ERNs currently cover the main clusters of rare, complex and low-prevalence pathologies. In the future, the ERN could possibly be extended to other diseases.
Aside from the diagnosis and treatment of patients, the ERNs will also facilitate research cooperation, joint trainings, knowledge generation, the development of medical guidelines, the facilitation of large clinical studies to improve understanding of diseases, the development of new drugs and medical devices by gathering a large pool of patient data and the development of new care models, eHealth solutions and tools.
What cross-border eHealth services are in place in Europe?
ePrescriptions and digital Patient Summaries can be exchanged between EU countries thanks to the new eHealth Digital Service Infrastructure put in place by the European Commission: the MyHealth@EU network, secure environment through which the health data can be exchanged with respect for the General Data Protection Regulation (GDPR).
As health professional in France, can I access these services?
France has integrated the MyHealth@EU network to ensure the treatment of European citizens within the European Union via Sesali, the new service offered by the Agence du Numérique en Santé (ANS, French eHealth Agency) to health professionals. This service is accessible at www.sesali.fr and enables French health professionals holding a CPS or eCPS card to access in a secure, standardised manner, and in French, the medical summary of a patient from another EU country.
What does an ePrescription do?
The ePrescription and eDispensation allow EU citizens to obtain their medication in a pharmacy located in another EU country, thanks to the online transfer of their electronic prescription from their country of residence where they are affiliated, to their country of travel. In return, the country of residence is informed of the medicines obtained in the country of travel.
What does the Patient Summary contain?
It provides information on important health related matters, such as allergies, current medication, previous illness, surgeries, etc. The digital Patient Summary is meant to provide doctors with essential information in their own language concerning the patient, when the patient comes from another EU country and there may be a linguistic barrier. In the long term, the medical record will be enhanced with lab results, medical images and hospital discharge reports.
What is health technology assessment (HTA) ?
Health technology assessment (HTA) summarises information on the medical, economic, social and ethical issues related to the use of a health technology such as drugs, medical equipment or in vitro diagnostics. HTA answers clinical questions such as the effectiveness of the new technology compared to existing alternative health technologies. It can also answer economic questions such as the assessment of costs involved for the health care system. HTA is therefore an essential tool for Member States to ensure the quality, accessibility and sustainability of healthcare.
What is the EU legislation on HTA about ?
A new EU Regulation 2021/2282 entered into force in January 2022. It establishes a sustainable legal framework for enhanced HTA cooperation within the EU. Member States' HTA bodies will cooperate to produce joint work in the field of HTA. This includes joint clinical assessments of new centrally authorised medicines and certain high risk medical devices. In addition, joint scientific consultations will provide scientific advice to health technology developers on clinical study design and clarify evidence for HTA. Finally, long-term foresight exercises will identify the most promising health technologies at an early stage, to help health systems get ready for them.
Who benefits from the new HTA regulation?
The new regulation helps Member States to pool their resources and expertise on HTA. Joint clinical assessments will provide Member States with timely and high quality scientific reports, which will help them to make timely and more evidence-based decisions on patient access to new medicines and medical devices.
It also provides more clarity and predictability on clinical data requirements for technology developers and simplifies the submission of essential clinical data to a single point of contact at EU level.
Patients, clinicians and relevant experts will be able to participate in the HTA and provide input into the preparation of joint clinical assessments.
How will Member States use the joint clinical assessment reports?
Member States will give due consideration to the EU Joint Clinical Assessment report when carrying out a national HTA on a relevant health technology. They may supplement the joint clinical assessment with additional clinical analyses that may be required in the national HTA process (analyses related to the national epidemiology of diseases or the specific national healthcare context). They may also complement the joint clinical evaluation with non-clinical analyses (e.g. on budgetary impact or cost-effectiveness). Finally, Member States remain responsible for drawing conclusions on the overall value of a new health technology for their health care system, as well as for pricing and reimbursement decisions.
Other FAQs