The Proposed Patients’ Rights Directive and the Reform of (Cross-Border) Healthcare in the European Union
Year: 2009
Type: article
Abstract: The European Commission’s (hereinafter ‘Commission’s’) proposal for a directive on patients’ rights in cross-border healthcare is not primarily a codification of the case law; while leaving out guarantees developed by the Court (notably based on ‘undue delay’), it also adds new elements of liberalization and harmonization. The proposal’s liberalization dimension involves eliminating prior authorization requirements for reimbursement of cross-border treatment in most cases. By way of harmonization, the proposal introduces new rights to accountability and transparency, which apply not just to mobile patients but also to all patients in each Member State. Jointly, this will generate pressure for further change, not just in relation to the cross-border provision of services but also more broadly across the healthcare sector.
DOI: 10.54648/leie2009009
Author: Wolf Sauter
Institutions: Boston University, King's College London, University of Cambridge
Language: English
Topic: European Law and Migration
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: bronze
OpenAlex ID: W1601530883