Introduction

• Author: European Court of Auditors
• Pages: 6-14

6

Introduction

01 The Cross-border Healthcare Directive (“the Directive”)1:

— sets out EU patients’ rights to access safe and high-quality healthcare across

national borders within the EU, and their rights to be reimbursed for such

healthcare;

— establishes National Contact Points to provide citizens with information on

their rights to cross - border healthcare;

— seeks to facilitate closer cooperation on eHealth, including cross-border

exchanges of patients’ data and

— seeks to facilitate patients’ access to healthcare for rare diseases, notably by

the development of European Reference Networks (ERNs).

Patients’ rights to cross-border healthcare

02 Healthcare is a national competence and Member States finance, manage and

organise their health systems2. The Directive sets out the conditions under which a

patient may travel to another EU country to receive planned medical care which will be

reimbursed under the same conditions as in their Member State. It covers healthcare

costs, as well as the prescription and delivery of medications and medical devices, and

complements the legal framework already set out in the EU Regulation on the

coordination of social security systems3 (see Annex I for the comparison of patients’

rights under the Directive and the Regulation). The Directive aims to facilitate access to

safe and high-quality cross-border healthcare based on the free and informed choice

of patients, as in some situations, the most accessible or appropriate care for patients

is only available in a Member State other than their home country. However, the

Directive does not encourage patients to receive treatment abroad.

1 Directive2011/24/EU of the European Parliament and of the Council of 9 March 2011 on

the application of patients’ rights in cross-border healthcare (OJ L 88, 4.4.2011, p. 45).

2 Article 168 of the Treaty on the Functioning of the EU (TFEU).

3 Regulation (EC) No 883/2004 of the European Parliament and of the Council of

29 April 2004 on the coordination of social security systems (OJ L 166, 30.4.2004, p. 1). This

Regulation is of relevance to cross-border healthcare in the context of labour mobility and

tourism and their links between healthcare and social security systems.