Activities of Milan CABRNOCH related to 2008/0142(COD)
Plenary speeches (1)
Patients’ rights in cross-border healthcare (debate)
Amendments (22)
Amendment 63 #
Proposal for a directive
Article 1
Article 1
This Directive establishes a general framework for the provision of safe, high quality, continuous and efficient cross- border healthcare.
Amendment 88 #
Proposal for a directive
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
(c) healthcare providers provide all relevant information to enable patients to make an informed choice, in particular on availability, quality, safety, prices and outcomes of the healthcare provided and details of their insurance cover or other means of personal or collective protection with regard to professional liability;
Amendment 105 #
Council position
Recital 18
Recital 18
(18) In order to enable patients to make an informed choice when they seek to receive healthcare in another Member State, the Member State of treatment should ensure that patients from other Member States receive on request the relevant information on safety and quality standards enforced on its territory as well as on which healthcare providers are subject to these standards. Such information should be remotely accessible in electronic form. Furthermore, healthcare providers should provide patients on request with information on specific aspects of the healthcare services they offer. To the extent that healthcare providers already provide patients resident in the Member State of treatment with relevant information on those specific aspects, this Directive should not oblige healthcare providers to provide more extensive information to patients from other Member States. Nothing should prevent the Member State of treatment from also obliging other actors than the healthcare providers, such as insurance providers or public authorities, to provide the information on specific aspects of the healthcare services offered, if that would be more appropriate with regard to the organisation of its healthcare system.
Amendment 112 #
Proposal for a directive
Article 6 – paragraph 5
Article 6 – paragraph 5
5. Patients travelling to another Member State with the purpose of receiving healthcare there or seeking to receive healthcare provided in another Member State shall be guaranteed access to their medical records, in conformity with national measures implementing Community provisions on the protection of personal data, in particular Directives 95/46/EC and 2002/58/EC. If the medical records are held in electronic form, patients shall have a guaranteed right to obtain a copy of these records or a right of remote access to these records.
Amendment 122 #
Council position
Recital 43
Recital 43
(43) Appropriate information on all essential aspects of cross-border healthcare is necessary in order to enable patients to exercise their rights on cross-border healthcare in practice. For cross-border healthcare, one of the mechanisms for providing such information is to establish national contact points within each Member State. Information that has to be provided compulsorily to patients should be specified. However, the national contact points may provide more information voluntarily and also with the support of the Commission. Information should be provided by national contact points to patients in any of the official languages of the Member State in which the contact points are situated. Information may, but does not have to, be provided in any other language. All that information should be remotely accessible in electronic form.
Amendment 128 #
Council position
Recital 49
Recital 49
(49) Technological developments in cross- border provision of healthcare through the use of ICTs may result in the exercise of supervisory responsibilities by Member States being unclear, and can thus hinder the free movement of healthcare and give rise to possible additional risks to health protection. Widely different and incompatible formats and standards are used for provision of healthcare using ICTs throughout the Union, creating both obstacles to this mode of cross-border healthcare provision and possible risks to health protection. It is therefore necessary for Member States to aim at interoperability of ICT systems. The deployment of health ICT systems, however, is entirely a national competence. This Directive therefore should recognise the importance of the work on interoperability and respect the division of competences by providing for the Commission and Member States to work together on developing measures which are not legally binding but provide additional tools that are available to Member Statesshould do so by empowering the Commission to adopt implementing measures in order to allow the sufficiently rapid establishment and updating of responsibilities and standards in that area to reflect constant progress in the relevant technologies and techniques and to facilitate greater interoperability.
Amendment 132 #
Council position
Recital 50
Recital 50
(50) The constant progress of medical science and health technologies presents both opportunities and challenges to the health systems of the Member States. Cooperation in the evaluation of new health technologies can support Member States through economies of scale and avoid duplication of effort, and provide a better basis of evidence for optimal use of new technologies to ensure safe, high- quality and efficient healthcare. Such cooperation requires sustained structures involving all the relevant authorities of the Member States, but also all the stakeholders concerned, including health professionals and representatives of patients and industry building on existing pilot projects., This Directive should therefore provide a basis for continued Union support for such cooperation.
Amendment 132 #
Proposal for a directive
Article 8 – paragraph 1 – point b a (new)
Article 8 – paragraph 1 – point b a (new)
(ba) healthcare that does not require overnight accommodation of the patient for at least one night and which the Member State regards as hospital care under its own national law, on condition that at least a qualified majority of other Member States agree with this (in the context of a discussion in the committee referred to in Article 19);
Amendment 147 #
Council position
Article 4 – paragraph 2 – point b a (new)
Article 4 – paragraph 2 – point b a (new)
(ba) the information referred to in points (a) and (b) is remotely accessible in electronic form and that such information is also made available in formats accessible to persons with disabilities.
Amendment 155 #
Council position
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) there are mechanisms in place to provide patients on request with information, which should be remotely accessible in electronic form, on their rights and entitlements in that Member State relating to receiving cross-border healthcare, in particular as regards procedures for accessing and determining those entitlements, conditions for reimbursement of costs and systems of appeal and redress if the patients considers that their rights have not been respected;
Amendment 157 #
Council position
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
(c) patients who seek to receive or do receive cross-border healthcare have access to at least a copy of their medical records, in conformity with, and subject to, national measures implementing Union provisions on the protection of personal data, in particular Directives 95/46/EC and 2002/58/EC. If the medical records are held in electronic form, patients shall have a guaranteed right to obtain a copy of, or a right of remote access to, those records.
Amendment 161 #
Council position
Article 6 – paragraph 3
Article 6 – paragraph 3
3. National contact points in the Member State of treatment shall provide patients with information concerning healthcare providers, including on request information on a specific provider's right to provide services or any restrictions on its practice, information referred to in Article 4(2)(a), as well as information on patients' rights, complaints procedures and mechanisms for seeking remedies, according to the legislation of that Member State. Such information should be remotely accessible in electronic form.
Amendment 192 #
Proposal for a directive
Article 14 – paragraph 1 – introductory part
Article 14 – paragraph 1 – introductory part
1. If a medicinal product is authorised to be marketed on their territory in accordance with Article 6(1) of Directive 2001/83/EC, Member States shall ensure that pePrescriptions issued by an authorised person in another Member State for a named patient can be used in their territory and that any restrictions on recognition of individual prescriptions are prohibited unless they:
Amendment 198 #
Proposal for a directive
Article 14 – paragraph 2 – point a
Article 14 – paragraph 2 – point a
(a) measures enabling a pharmacist or other health professional to verify the authenticity of the pePrescription and whether the prescription was issued in another Member State by an authorised person through developing a Community prescription template, and supporting interoperability of ePrescriptions;
Amendment 207 #
Council position
Article 11 – paragraph 2 – point d a (new)
Article 11 – paragraph 2 – point d a (new)
(da) measures to ensure, if needed, contact between the prescribing party and the dispensing party in order to ensure complete understanding of the treatment, whilst maintaining confidentiality of patients' data
Amendment 212 #
Council position
Article 13 – paragraph 1
Article 13 – paragraph 1
1. The Commission shall supportand the Member States shall work towards delivering sustainable economic and social benefits of European e-hHealth systems and services and interoperable applications, with a view to achieving a high level of trust and security, enhancing continuity of care and ensuring access to safe and quality healthcare.
Amendment 214 #
Council position
Article 13 – paragraph 2 – point a
Article 13 – paragraph 2 – point a
(a) draw up guidelines in close collaboration with the Member States onadopt, by means of delegated act, in accordance with Article 16 and subject to the conditions of Articles 17 and 18, the following measures:
Amendment 215 #
Council position
Article 13 – paragraph 2 – point a – point i
Article 13 – paragraph 2 – point a – point i
(i) a non-exhaustive list of data that are to be included in patients' summarieElectronic Health Records and that can be shared between health professionals to enable continuity of care and patient safety across borders, and
Amendment 216 #
Council position
Article 13 – paragraph 2 – point a – point ii
Article 13 – paragraph 2 – point a – point ii
(ii) effective methods fora technical framework to enablinge the use of medical information for public health and research;.
Amendment 217 #
Council position
Article 13 – paragraph 2 – point b
Article 13 – paragraph 2 – point b
(b) support the Member States in developing commonadopt identification and authentication measures to facilitatensure transferability of data in cross-border healthcare. while guaranteeing a high level of security and the protection of personal data. These measures shall be adopted in accordance with the procedure referred to in Article 15.
Amendment 218 #
Council position
Article 13 – paragraph 2 – subparagraph 1 a (new)
Article 13 – paragraph 2 – subparagraph 1 a (new)
Work on the measures referred to in points (a) and (b) shall start no later than two years after entry into force the Directive.
Amendment 225 #
Council position
Article 19 – paragraph 2 – subparagraph 1
Article 19 – paragraph 2 – subparagraph 1
The report shall in particular include information on patient flows, financial dimensions of patient mobility, the implementation of Article 7(9) and on the functioning of the European reference networks and national contact points. The Commission should always evaluate the eHealth situation in cross-border healthcare. To this end, the Commission shall conduct an assessment of the systems and practices put in place in the Member States, in the light of the requirements of this Directive and the other Union legislation relating to patient mobility.