Contexte :
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.