5 Amendments of Bogusław SONIK related to 2008/0142(COD)
Amendment 104 #
Council position
Recital 16 a (new)
Recital 16 a (new)
(16a) The transposition of this Directive into national legislation should not result in patients being encouraged to receive treatment outside their Member State of affiliation when this is against their wishes. This would be particularly undesirable if the decision to encourage the patient to seek healthcare in another Member State were to be based on non- medical factors, such as the cost of treatment.
Amendment 120 #
Council position
Recital 39
Recital 39
(39) The criteria attached to the grant of prior authorisation should be justified in the light of the overriding reasons of general interest capable of justifying obstacles to the free movement of healthcare. The Court of Justice has identified several potential considerations: the risk of seriously undermining the financial balance of a social security system, the objective of maintaining on grounds of public health a balanced medical and hospital service open to all and the objective of maintaining treatment capacity or medical competence on national territory, essential for the public health, and even the survival of the population. It is also important to take into consideration the general principle of ensuring the safety of the patient, in a sector well known for information asymmetry, when managing a prior authorisation system. Conversely, the refusal to grant prior authorisation may not be based solely on the ground that there are waiting lists on national territory intended to enable the supply of hospital care to be planned and managed on the basis of predetermined general clinical priorities, without carrying out an objective medical assessment of the patient's medical condition, the history and probable course of his illness, the degree of pain he is in and/or the nature of his disability at the time when the request for authorisation was made or renewed.
Amendment 143 #
Council position
Article 4 – paragraph 2 – point a
Article 4 – paragraph 2 – point a
a) patients receive upon request relevant information on the standards and guidelines referred to in paragraph 1, including provisions on supervision and assessment of healthcare providers, and information on which healthcare providers are subject to these standards and guidelines;
Amendment 172 #
Council position
Article 7 – paragraph 5
Article 7 – paragraph 5
5. Member States may adopt provisions in accordance with the Treaty aimed at ensuring that patients enjoy the same rights when receiving cross-border healthcare as they would have enjoyed if they had received healthcare in a comparable situation in the Member State of affiliation. This includes treatment by healthcare providers that are in no way part of the public healthcare system of the Member State in which they operate, when the healthcare they provide is not funded by the public healthcare system in the patient’s Member State of affiliation.
Amendment 174 #
Council position
Article 7 – paragraph 6
Article 7 – paragraph 6
6. For the purposes of paragraph 4, Member States shall have a mechanism for calculation of costs of cross-border healthcare that are to be reimbursed to the insured person by the Member State of affiliation. Thise mechanism shall be based on objective, non-discriminatory criteria known in advance. The mechanism shall be and applied at the relevant administrative level in cases where the Member State of affiliation has a decentralised healthcare system(local, regional or national) administrative level.