Considerations regarding Directive 2011/24/EU on the application of patients' rights in cross-border healthcare in EU member states

• Author: Brîndu?a Marian
• Position: University of Medicine, Pharmacy, Sciences and Technology of Tîrgu Mure?, Romania, brindusam2002@yahoo.com
• Pages: 73-81

Considerations regarding Directive 2011/24/EU on the application

of patients’ rights in cross-border healthcare in EU member states

Lecturer Brîndua MARIAN1

Abstract

The free movement of per sons is on e of the four fundamental freedo ms recognized

and regula ted at the European Union level. The definition and implementation of all existing

policies and actions at European level, r egardless of the sco pe, have as their focal point a

high level of health protection. Under the conditions of the extension of the right to healthca re

of the persons, at the level of the European Union, it is intended to ensure the access of every

person to healthcare based on the latest scientific discoveries. The adoption in 2011 of

Directive No. 24 is a n important step in r especting patients' rights in cross-bor der

healthca re, with important consequences both for the health of patients and for the health

systems in the Member States.

Keywords: healthca re, cross-border , rights, patients.

JEL Classification: K32

1. Introduction

The purpose of Directive 2011/24/EU on patients' rights in cross-border

healthcare2 is to facilitate access to high-quality and safe healthcare in another

Member State of the European Union. European regulations promote cross-border

healthcare cooperation between Member States in the interest of the European

citizens with prescriptions, digital health (eHealth), rare diseases, as well as medical

technology assessments.

For the application of patients' rights in cross-border healthcare, health

systems are central to ensuring a high level of social protection, contributing to both

social cohesion and social justice, with an important role in sustainable development.

These systems are based on a set of operating principles necessary to ensure a high

level of health protection and to ensure patients confidence in cross-border

healthcare.

Cross-border healthcare is defined as healthca re provided or pr escribed in

a Member State other than the Member State of affiliation and may be granted to the

insured persons3 of the EU Member States under the terms of the Directive in

compliance with national provisions in the field.

1 Brîndua Marian - University of Medicine, Pharmacy, Sciences and Technology of Tîrgu Mure,

Romania, brindusam2002@yahoo.com

2 Published in JO L 88, 4.4.2011.

3 Insured person’ means: persons, including members of their families and their survivors, who are

covered by Article 2 of Regulation (EC) No 883/2004 and who are insured persons within the meaning

of Article 1(c) of that Regulation; and nationals of a third country who are cover ed by Regulation