Directive No. 2011/24/EU on the application of patients' rights in cross-border healthcare
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 has been applicable in the European member States since October 25, 2013, and in the European Economic Area* (Iceland, Liechtenstein, and Norway) since August 1st, 2015. However, it does not apply to Switzerland. It no longer applies to the United Kingdom as of 01/01/2021.
Article 15 of Directive 2011/24/EU has been cancelled and replaced by Regulation (EU) 2021/2282 of the European Parliament and of the Council of 15 December 2021 on health technology assessment and amending Directive 2011/24/EU.
The European Union's coordination rules guarantee that an insured individual who travels within the European Union will receive the same healthcare as if s/he were a member of the healthcare system of the State in which treatment is provided.
Coordination regulations (EC) Nos. 883/04 and 987/09 entitle insured individuals to receive healthcare elsewhere within the European Union or the European Economic Area (Iceland, Liechtenstein, and Norway), as well as in Switzerland, and be covered for the care received by their home country's healthcare system according to that system's specific guidelines.
Legal precedent from the European Court of Justice has subsequently reinforced patients' rights. Indeed, by taking account of legal precedent ( Kohll, Decker, Smits and Peerbooms, and Watts rulings), the directive reaffirms the principle of free movement of people.
This directive includes social security coordination rules which work together with those provided by (CE) regulations Nos. 883 and 987.
The Directive 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, while maintaining each State's independent authority to organize and provide healthcare services:
Directive 2011/24 EU covers all European Union citizens, nationals of the States of the European Economic Area (Iceland, Liechtenstein and Norway), refugees and stateless persons residing in a Member State of the European Union or the European Economic Area, who are or have been subject to the legislation of one or more Member States, as well as their family members and their survivors.
The directive also covers nationals of third countries in relations between Member States of the European Union with the exception of Denmark, which did not ratify Regulation (EU) No 1231/2010 of the European Parliament and of the Council of 24 November 2010.
The directive does not apply to nationals of third coutries in relations between the Member States of the European Union and, on the one hand, the States of the European Economic Area (Iceland, Liechtenstein, Norway) and, on the other hand, Switzerland.
The directive covers all healthcare provided or prescribed in a member State that is not the State of affiliation. It also covers the prescription and delivery of medications and medical devices which are supplied as part of the healthcare being received.
The directive covers all healthcare providers legally practicing medicine (public or private, whether or not they charge government-regulated fees), and regardless of whether the services they provide are "reimbursable."
The criteria for and details of how medical care is reimbursed, as provided by regulations Nos. 883/04 and 987/09, which currently cover patients who receive care in another European Union or EEA country or Switzerland, remain applicable.
The directive adds on to the current system by incorporating ECJ legal precedent and by bolstering patients' rights when it comes to information and to the quality and safety of care.
The rules for coverage of care are set forth by articles R 160-1 et seq of the French social security code:
The provisions of the directive pertaining to the recognitions of prescriptions written in another EU member State have been transposed into French law by decrees No. 2013-1216 of December 23, 2013 (medications) and No. 2014-1525 of December 27, 2014 (medical devices).
French Law No. 2014-201 of February 24, 2014, which brings various aspects of French health-related law into line with European law, requires persons authorized to use the titles of "chiropractor" and "osteopath" to take out specific insurance.
The directive mainly applies to ambulatory care, whether or not it is scheduled. Unforeseen or emergency care covered by the EHIC remains within the scope of (EC) regulations Nos. 883/04 and 987/09.
This means that the scopes of (EC) regulation No. 883/2004 and directive No. 2011/24/EC coexist and are complementary. A comparison of the healthcare system in the country of affiliation and that of the country where care is received will determine whether the directive or the regulation applies.
(EC) regulation No. 883/2004:
Directive No. 2011/24/EU: