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22 November 2009
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Cross-border healthcare demands EU response 

Published: Wednesday 3 March 2004   

The public finance implications of increased patient mobility in the EU have led to a fresh debate about better co-ordination of national health policies.

Background:

The EU's internal market rules are designed to facilitate the free movement of people. One of the consequences of the free circulation of individuals is the increased mobility of patients seeking healthcare in countries other than their own for a variety of reasons. Patient mobility is a common phenomenon particularly in border regions.

Healthcare systems are organised by the Member States in the EU but they have become increasingly interconnected in recent years. This can be seen from the relatively high number of cases before the European Court of Justice (such as Kohll and Decker in 1998, Smits and Peerbooms, and Vanbraekel in 2001 and Müller-Fauré/van Riet, and Inizan in 2003). The legal cases have confirmed that patients have, in certain cases, the right to access healthcare products and services in other Member States with the cost being borne by their own health system. These Court rulings navigate on the sensitive borderline dividing EU and Member State competence and have sparked a fresh debate on the possible need for a European approach.

In response to a call by the June 2003 Health Council, the Commission convened a reflection group with government ministers and a limited number of key stakeholders. The final session of the "High-Level Process of Reflection on Patient Mobility and Healthcare Developments in the EU" on 8 December 2003 produced a set of recommendations centring around five main themes.

Firstly, how to enable European co-operation and the better use of resources (eg. through sharing spare capacity in border regions and designating European 'centres of reference' excelling in tackling rare diseases)

Secondly, ways to improve the flow of information (developing an EU framework, issues concerning data protection and sharing confidential data and principles for e-health service provision)

Thirdly, issues related to access to and quality of care (data collection, examining the motivation of patients and healthcare professionals to move across borders, etc)

Fourthly, how to reconcile national objectives with European obligations (eg. considering the establishment of a permanent mechanism at EU level to support co-operation in the field of health care)

Fifthly, funding investment in health, health infrastructure development and skills development via existing Community financial instruments, such as the EU's cohesion and structural funds.

In the context of the above recommendations, the Centre for Health, Ethics and Society of the Madariaga Foundation hosted a round table discussion on patient mobility. The list of stakeholders included representatives of the European Commission, the Irish Presidency, health ministries (in the EU-15 and the ten new Member States), a regional office, a professional association and an NGO organisation.

Other related news:

The main issues raised at the round table were:

  • movement of patients and healthcare professionals in the EU-25;
  • health inequalities and differences in income levels;
  • particular concerns of border regions;
  • 'public health' versus a general health provision in the EU Treaty;
  • establishment of a 'permanent mechanism' to support EU-wide co-operation on healthcare;
  • funding of healthcare projects under the EU's structural and cohesion funds;
  • a new directive on services in the internal market which incorporates recent Court rulings;
  • whether the EU should have more competence in the area of health.

Positions:

The speaker for the  European Public Health Alliance complained that the high-level reflection process was a "political opportunity missed" to re-define (and increase) the EU's competence in the field of health. The speaker also noted that representatives of the 'European citizen' were missing from the discussions.

Government officials from the UK and the Ne therlands were in favour of the establishment of a 'permanent mechanism' to support EU-wide co-operation on health care and to monitor the impact of the EU on health systems, bringing forward proposals when necessary. The healthcare sector is responsible for up to ten per cent of the GDP, depending on the Member State. Health should be viewed as an investment in society and the economy and should move higher up on the political agenda. Health ministers should have the final say when dealing with the free movement of patients.

Speakers from the  Commission's DG Health and Consumer Protection emphasised the fact that there are no EU Treaty provisions on 'health'. Provisions on 'public health' were introduced by the Maastricht Treaty in 1992, but no clear definition of the term was provided. Generally speaking, the EU is entitled to take action in a range of areas other than those directly affecting health systems, which remains an area of Member State competence. Some rules in other policy areas, notably in environment, the internal market or the co-ordination of social security systems, have also had some impact on health and health systems. Recent Court rulings on patient mobility, however, directly affect the health systems of Member States.

The high-level reflection group provided a good opportunity to discuss possible ways for action and now it remains to be seen whether the political will exists at European level to take the necessary steps. The Commission is due to release its own proposals based on the high-level group's recommendations "in the coming weeks".

The speaker representing  DG Internal Market of the Commission highlighted the health provisions of the Commission's proposal for a directive on services in the internal market. This draft proposal discusses the relationship between authorisations for treatment abroad as it relates to the principle of freedom of movement for services. The speaker explained that the new proposal incorporates recent rulings of the Court and does not go beyond them.

The speaker representing the  Hungarian government said that the reflection process had provided a good opportunity for the new Member States to find out more about cross-border arrangements for healthcare. One worry for Hungary is the increased mobility of healthcare professionals due to higher income levels in the EU-15. Hungary welcomes EU funding for healthcare projects under the Structural Funds for 2004-2006.

A representative of the  state of North Rhine-Westphalia pointed out that border crossing healthcare in her region is a part of everyday life. Her view was that more transparency and co-operation on healthcare matters would be necessary to enhance the EU integration process. She also recommended the establishment of a forum for regular health dialogue to bring together the EU institutions and the major stakeholders.

A speaker for the  Standing Committee of European Nurses commented on the mobility of healthcare professionals, notably nurses. The representative said that the mobility of healthcare professionals is not so much a European as a global issue. He spoke out in favour of agreeing long-term strategies for increasing the size of the domestic health workforce, the development of best practice guidlines on international recruitment and the establishment of a formal consultation structure to guarantee professional development in the EU.

Next steps:

  • In March 2004, the Commission is due to publish a communication in response to the recommendations of the High Level Reflection Process on Patient Mobility.
  • Health ministers will discuss the issue at the informal health ministers' meeting in Cork on 11-12 May 2004. The Health Council is due to adopt Conclusions on patient mobility at its meeting of 1-2 June on the basis of a proposal by the Irish Presidency.
  • The Commission's proposal for a directive on services in the internal market (proposed by the Commission on 13 January 2004) is currently being discussed by the EU institutions.

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