The organisation, management, financing and delivery of healthcare are the responsibility of the EU Member States (Art. 168 TFEU). However, several judgments of the European Court of Justice confirm that patients have in certain cases the right to access healthcare products and services in other Member States than their own, with the cost being borne by their own health system.To clarify the situation, the European commission in 2008 adopted a proposal for a directive on the application of patients’ rights in cross-border healthcare. Directive 2011/24/EU was finally adopted on 19 January 2011 and published in the EU’s Official Journal on 9 March 2011. It will enter into application on 25 of October 2013.
EPF sees in the Cross-border Healthcare Directive the potential to reduce health inequalities for patients in access to healthcare. We believe that many aspects of the Directive can be built upon to achieve better quality care for all patients - such as stronger European cooperation in the crucial areas of quality and safety, HTA, eHealth and rare diseases. We will monitor closely the implementation of the Directive, including raising awareness in the patient communities across the EU on the new legislation and supporting patient organisations’ involvement at national level.
We have made available online a guideline and policy recommendations with our analysis of the key issues around the Cross-Border Healthcare Directive. The guidance is designed primarily for patient organisations and decision makers, with relevance for other health stakeholders too to help them make their way through the Directive.
28 February 2011
The adoption by the Council of Directive 2011/24/EU on the application of patients’ rights in cross-border healthcare was a major achievement. EPF had a long and intense involvement in the drafting of this Directive. Though the final document was less ambitious than EPF’s vision, it nevertheless marked a milestone for European patients. It created a legal framework for the patient’s right to seek healthcare in another Member State and to be reimbursed. It also provided a legal basis for enhanced European cooperation in key areas of healthcare – including quality and safety, HTA and eHealth, and rare diseases. In 2011, EPF continued to liaise with the European Commission and relevant stakeholders on the implementation of the Directive. We were particularly focused on the provision of information to patients concerning their rights under the new legislation. We also developed guidance for patient organisations to support their involvement at national level, to ensure that transposition and the implementation process take patients’ needs into account.19 January 2011EPF welcomed the draft Directive on cross-border healthcare, adopted on the 19th January 2011 by the European Parliament. We have had a long and intense involvement in the Draft directive, having worked closely with the Commission, the EU Presidencies, and indeed MEPs throughout the first and the second reading to ensure that a patients’ perspective was well reflected in the Parliament’s position. Please find our press release in the right-hand column.2 July 2008The Commission adopted a proposal for a Directive on the application of patients’ rights in cross-border healthcare. This draft Directive went through a lengthy process with the European Parliament and Council, with failure to reach agreement during several successive EU Presidencies, before a compromise was finally agreed under the Belgian EU Presidency in the second half of 2010. September 2006The Commission launched a consultation with all stakeholders involved in the health services sector to explore measures for a developing a Community Framework for Safe, High Quality and Efficient Health Services. To see EPF’s position statements please refer to the Related Documents section to your right.Page last modified: 30 October 2012
National Contact Points' information (EC website)
EPF's Guidance on Cross-Border Healthcare (Updated - Nov 2013)
EPF's Recommendations on the Cross-Border Healthcare Directive (2012)
EPF's Press Release 19 January 2011
Summary statement from the EPF Roundtable (December 2010)
EPF position letter on the draft recommendation (November 2010)
EPF statement on the Commission proposal (2008)
EPF’s Response Health Services’ consultation (2006)
Back to the A-Z List of Topics
European Patients' Forum