Activities of Edite ESTRELA related to 2008/0142(COD)
Plenary speeches (10)
Patients' rights in cross-border healthcare (debate)
Explanations of vote
Explanations of vote
Explanations of vote
Explanations of vote
Explanations of vote
Explanations of vote
Explanations of vote
Explanations of vote
Patients’ rights in cross-border healthcare (debate)
Amendments (13)
Amendment 101 #
Proposal for a directive
Recital 15
Recital 15
(15) Research suggests that harm arises from healthcare in around 10% of cases. Ensuring clear common obligations to deal with circumstances of responding towith respect to avoidable harm arising from healthcare is therefore essential to avoid lack of confidence in those mechanisms acting as an obstacle to taking up cross- border healthcare. Coverage for harm and compensation by the systems of the country of treatment should be without prejudice to the possibility for Member States to extend the coverage of their domestic systems to patients from their country seeking healthcare abroad, where this is more appropriate to the patient, in particular in the case of patients for whom use of healthcare in another Member State is necessary.
Amendment 161 #
Proposal for a directive
Recital 35
Recital 35
(35) When healthcare is received by a patient in a Member sState, which is not the country where he is insured, it is essential for the patient to know in advance which rules shall be applicable. An equivalent level of clarity is needed in case where healthcare providers temporarily move to another Member State to provide their medical services there or when healthcare is provided cross-border. In those cases, the rules applicable to healthcare are those provided by the legislation of the Member State of treatment in accordance with the general principles set out in Art. 5, given that in accordance with Art. 152(5) of the Treaty the organisation and delivery of health services and medical care is of responsibility of Member States. This will help the patient in making an informed choice, and will avoid misapprehension and misunderstanding. It will also establish a high level of trust between the patient and the healthcare provider.
Amendment 196 #
Proposal for a directive
Article 1
Article 1
This Directive establisheslays down a general framework for the provision ofaccess to safe, high quality and efficient cross-border healthcare, without prejudice to national competences regarding the organisation and provision of healthcare pursuant to Article 152(5) of the EC Treaty.
Amendment 206 #
Proposal for a directive
Article 2
Article 2
This Directive shall apply to provisionersons who are insured under or are beneficiaries of a healthcare regardless of how it is organised, delivered and financed or whether it is public or privatesystem receiving crossborder healthcare on the basis of need as established by the health system concerned.
Amendment 243 #
Proposal for a directive
Article 4 - point (a)
Article 4 - point (a)
a) "healthcare" means a health service provided by or under the supervision of a health professional in exercise of his profession, and regardless of the ways in which it is organised, delivered and financed at national level or whether it is public or privatecare of a preventive or curative nature or relating to rehabilitation, prescribed or provided to the person concerned under the authority of a health professional whose profession is regulated in the Member State of registration;
Amendment 268 #
Proposal for a directive
Article 4 - point (e)
Article 4 - point (e)
e) "healthcare provider" means any naturalhealth professional in the sense defined in (d) above or legal person legally providing healthcare on the territory of a Member State;
Amendment 270 #
Proposal for a directive
Article 4 - point (f)
Article 4 - point (f)
(f) "patient" means any natural person who receivesis insured under or wishes to receive a beneficiary of the healthcare system who has received necessary healthcare in another Member State;
Amendment 310 #
Proposal for a directive
Article 5 – paragraph 1 – introduction
Article 5 – paragraph 1 – introduction
1. The Member States of treatment shall be responsible for the organisation and the delivery of healthcare. In such a context and taking into account principles of universality, access to good quality care, equity and solidarity, they shall define clear quality and safety standards for healthcare provided on their territory, and in accordance with Article 152(5) of the EC Treaty. In such a context they must ensure that:
Amendment 320 #
Proposal for a directive
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) mechanisms are in place for ensuring that healthcare providers are able to meet such standards, takingwhen healthcare is provided in a Member State other than the patient’s Member State of affiliation, such healthcare is provided into account international medical science and generally recognised good medical practicesrdance with the legislation of the Member State of treatment;
Amendment 332 #
Proposal for a directive
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) the application of such standards by healthcarealthcare referred to in paragraph 1(a) is providersd in practice is regularly monitored and corrective action is taken when appropriate standards are not met, taking into account progress in medical science and health technologyaccordance with quality and safety standards and guidelines laid down by the Member State of treatment;
Amendment 369 #
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
Amendment 381 #
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Subject to the provisions of this Directive, in particular Articles 7, 8 and 9, the Member State of affiliation shall ensure that insured persons travelling to another Member State with the purpose of receiving healthcare there or seeking to receiveThe Member State of affiliation shall ensure that patients in need of healthcare provided in another Member State, will not be prevented from receiving such healthcare provided in another Member State where the treatment in question is among the benefits provided for by the legislation of the Member State of affiliation to which the insured person is entitled. The Member State of affiliation shall reimburse the costs to the insured person, which would have been paid for by its statutory social security system had the same or similar healthcare been provided in its territory. In any event, it is for the Member State of affiliation to determine the healthcare that is paid for regardless of where it is providedy are entitled and access to it conforms to clinical referral procedures in the Member State of affiliation.
Amendment 394 #
Proposal for a directive
Article 6 – paragraph 2
Article 6 – paragraph 2
2. The costs of healthcare provided in another Member State shall, depending on the type of health system, be reimbursed or assumed by the Member State of affiliation in accordance with the provisions of this Directive up to the level of costs that would have been assumed had the same or similar healthcare been provided in the Member State of affiliation, without exceeding the actual costs of healthcare received, having regard to the provisions set out in the preceding paragraph (referral procedures).