3 Amendments of Dirk STERCKX related to 2008/0142(COD)
Amendment 30 #
Proposal for a directive
Recital 31
Recital 31
(31) The evidence available indicates that the application of free movement principles regarding use of healthcare in another Member State within the limits of the cover guaranteed by the statutory sickness insurance scheme of the Member State of affiliation will not undermine the health systems of the Member States or financial sustainability of their social security systems. However, the Court of Justice has recognised that it cannot be excluded that the possible risk of seriously undermining a social security system’s financial balance or the objective of maintaining a balanced medical and hospital service open to all may constitute overriding reasons in the general interest capable of justifying a barrier to the principle of freedom to provide services. The Court of Justice has also recognised that the number of hospitals, their geographical distribution, the way in which they are organised and the facilities with which they are provided, and even the nature of the medical services which they are able to offer, are all matters for which planning must be possible. This Directive shouldallows for the Member State of affiliation to provide for a system of prior authorisation for assumption of costs for hospital care received in another Member State, where the following conditions are met : had the treatment been provided on its territory, it would have been assumed by its social security system and the consequent outflow of patients due to the implementation of the directive seriously undermines or is likely to seriously undermine the financial balance of the social security system and/or this outflow of patients seriously undermines, or is likely to seriously undermine the planning and rationalisation carried out in the hospital sector to avoid hospital overcapacity, imbalance in the supply of hospital care and logistical and financial wastage, the maintenance of a balanced medical and hospital service open to all, or the maintenance of treatment capacity or medical competence on the territory of the concerned Member. This directive also allows for the Member State where hospital care takes place to provide for a system of prior authorisation for treatment when at least one of the following conditions is met: if the inflow of patients due to the implementation of this directive seriously undermines or is likely to seriously undermine the financial balance of the social security system; if this inflow of patients seriously undermines, or is likely to seriously undermine the planning and rationalisation carried out in the hospital sector to avoid hospital overcapacity or undercapacity, imbalance in the supply of hospital care and logistical and financial wastage, the maintenance of a balanced medical and hospital service open to all, or the maintenance of treatment capacity or medical competence on the territory of the concerned Member. As the assessment of the precise impact of an expected outflow or inflow of patients requires complex assumptions and calculations, the Directive allows for a system of prior authorisation if there is sufficient reason to expect that the social security system will be seriously undermined. This should also cover cases of already existing systems of prior authorisation which are in conformity with conditions laid down in Article 8. The prior authorisation systems must be restricted to what is necessary to prevent the above-mentioned consequences and must on no account lead to arbitrary discrimination.
Amendment 77 #
Proposal for a directive
Article 8 – paragraph 3 a (new)
Article 8 – paragraph 3 a (new)
3a. The Member State of treatment may provide for a system of prior authorisation if the purpose of the system is to address the inflow of patients due to the implementation of the present Article and to prevent it from seriously undermining, or being likely to seriously undermine: i) the financial balance of the Member State’s social security system; and/or ii) the planning and rationalisation carried out in the hospital sector to avoid hospital overcapacity or undercapacity, imbalance in the supply of hospital care and logistical and financial wastage, iii) the maintenance of a balanced medical and hospital service open to all, or the maintenance of treatment capacity or medical competence on the territory of the concerned Member State.
Amendment 99 #
Proposal for a directive
Article 20
Article 20
1. No later than 31 December 2010 the Commission shall submit to the European Parliament and the Council a report on agreements on the cross-border block purchasing of healthcare. This report shall map the scale and progress of such agreements and shall set out information gathered concerning the effect of such agreements on the social security systems and planning of the hospital sector, both in the country of affiliation and in the country of treatment. Where necessary this report shall be accompanied by proposals to the European Parliament and the Council. 2. The Commission shall within five years after the date referred to in Article 22(1) draw up a report on the operation of this Directive and submit it to the European Parliament and to the Council. To that end and without prejudice to Article 22, the Member States shall communicate to the Commission any measure they have introduced, modified or maintained with a view to implement the procedures laid down in Articles 8 and 9.