The Patients' Rights Directive (2011/24/EU) - Providing (some) rights to EU residents seeking healthcare in other Member States

Computer Law and Security Review

Volumn 27, Issue 5, 2011, Pages 497-502

  Quinn, Paul ^a   De Hert, Paul ^a  

^a VRIJE UNIVERSITEIT BRUSSEL   (Belgium)

Author keywords

2011 24 EU; Data protection; e Health strategy; European health care; Health technology; Patients' Rights Directive; Single market

Indexed keywords

2011/24/EU; DATA PROTECTION; E-HEALTH STRATEGY; HEALTH TECHNOLOGY; PATIENTS' RIGHTS DIRECTIVE; SINGLE MARKET;

HEALTH; HOSPITAL DATA PROCESSING; PATIENT TREATMENT;

SECURITY OF DATA;

EID: 80053046783     PISSN: 02673649     EISSN: None     Source Type: Journal    
DOI: 10.1016/j.clsr.2011.07.010     Document Type: Article

References (44)

1. Directive 2011/24/EU of the European Parliament and of the Council of 9 March 2011 on the application of patients rights in crossborder healthcare OJ L 88 P45.
2. Important cases included Smits and Peerbooms Judgement Case C 157/99, Müller-Fauré/Van Riet Case C-385/99 and Kohll v Union Des Caisses De Maladie C-158/96.
3. Conclusions of 1e2 June 2006 on Common Values and Principles in European Union Health Systems OJ 146, 22.6.2006 The overarching principles were universality, access to good quality care, equity, and solidarity. In addition financial sustainability, quality, safety, care that is based on evidence and ethics, patient involvement, having systems that allow redress, and having systems that respect privacy and confidentiality were stressed as being important.
4. Müller-Fauré/Van Riet Case C-385/99.
5. Directive 2011/24/EU Article 1(3)(b) e (c) Programmes such as organ transplantation and Vaccination programmes are deemed to require a high degree of planning are so are presumably meet and exception to the freedom to provide services as a result of overriding reasons of general interest.
6. They are; Council Directive 89/105/EEC, Council Directive 90/ 385/EEC, Council Directive 93/42/EEC, Directive 95/46/EC and Directive 2002/58/EC, Directive 96/71/EC, Directive 2000/31/EC, Council Directive 2000/43/EC, Directive 2001/20/EC, Directive 2001/83/EC, Directive 2002/98/EC, Regulation (EC) No 859/2003, Directive 2004/23/EC, Regulation (EC) No 726/2004, Regulation (EC) No 883/2004 and Regulation (EC) No 987/2009 laying down the procedure for implementing Regulation (EC) No 883/2004 on the coordination of social security systems, Directive 2005/36/EC, Regulation (EC) No 1082/2006, Regulation (EC) No 1338/2008, Regulation (EC) No 593/2008, Regulation (EC) No 864/2007, Directive 2010/53/EU,Regulation (EU) No 1231/2010 extending Regulation (EC) No 883/2004 and Regulation (EC) No 987/2009.
7. This is continues the situation that existed under (EEC) 1407/ 71and (EC) 884/2003 which allowed individuals the opportunity to request treatment in another Member State if it wasnt available in their Member State within a reasonable time.
8. Directive 2011/24/EU Article 8(6).
9. Directive 2011/24/EU Article 4(2).
10. Directive 2011/24/EU Article 6.
11. It had originally been envisaged that the NCPs would have a more expansive role, in that they would be tasked with gathering information on national bodies, operating out of court settlement of disputes and also facilitate themselves, the development of an out of court settlement scheme for disputes arising from cross-border healthcare. See Proposal for a Directive of the European Parliament and of the Council on the application of the patients rights in cross-border healthcare 2008/0142 (COD) Article 12(2)(b) and (c).
12. Directive 2011/24/EU Recital 49.
13. See Article 4(5) Member states are free to choose to provide information in other languages if they wish.
14. Article 4(2), Such information must include provisions on the supervision and assessment of healthcare providers in addition to information on which healthcare providers are subject to these standards and guidelines and information on the accessibility of hospitals for persons with disabilities. If the Member States law already requires such information to be available the healthcare providers are not required to provide more extensive information under the Directive 2011/24/EU. See Article 4(2)(b).
15. Directive 95/46/EC on the protection of individuals with regard to the processing of personal data and on the free movement of such data.
16. See Article 29 Data Protection Working Party Working Document on the processing of personal data relating to health in electronic health records (EHR) (00323/07/EN) dated 15 February 2007.
17. Directive 2011/24/EU Article 5(b).
18. Article 9 of the Directive 2011/24/EU describes the properties that a system of complaint and appeal should have.
19. Directive 2011/24/EU Article 5(c).
20. Directive 2011/24/EU Article 5(d).
21. The Directive 2011/24/EU emphasises in particular Directives 95/46/EC and 2002/58/EC.
22. Directive 2011/24/EU Article 9(1).
23. Directive 2011/24/EU Article 9(2).
24. Directive 2011/24/EU article 9 (3).
25. This is intended to apply to products that are authorised to be marketed in the latter according Directive 2001/83/EC or Regulation (EC) No 726/2004.
26. Directive 2011/24/EU Article 11 (1).
27. Directive 2011/24/EU Article 11 (1)(a).
28. Directive 2011/24/EU Article 11 (1)(b).
29. This only applies to Medical Devices that are legally placed on the market in the respective member state.
30. Directive 2011/24/EU Art(11)(2). In adopting the measures and guidelines the Commission must have regard to the proportionally of any costs in compliance with, as well as the likely benefits of the measures or guidelines- Art 11(4).
31. The idea for European Reference Networks is based upon a pilot study aiming to share expertise among clinicians in the treatment of rare diseases See: UK Department of Health, Consultation on the European Commissions Proposals for a Directive on the application of patients rights in cross-border healthcare dated 08 October 2008 Paragraph 38.
32. Directive 2011/24/EU Article 12(4).
33. The guidelines aimed at achieving these goals shall be adopted by means of delegated acts in accordance with Article 17 and subject to the conditions of Articles 18 and 19. These powers are conferred on the Commission for a period of 5 years from 24 April 2010. The Commission must make a report in respect of the delegated power not later than 6 months before the end of this period. Such a delegation shall automatically be extended for 5 year periods at the end of the previous 5 year period unless the European Parliament or the Council revoke such a possibility. eDirective 2011/24/EU Article 17.
34. Directive 2011/24/EU Article 12(4)(b),(c) The Commission may adopt such procedures according to Articles 5, 7 and 8 of Decision 1999/468EC. See Article 16 of the Directive 2011/24/EU.
35. The Commission may adopt such procedures according Articles 5, 7 and 8 of Decision 1999/468EC shall apply. See Article 16 of the Directive 2011/24/EU.
36. Directive 2011/24/EU Article 13.
37. Aymé , S., Schmidtke, J. Networking for rare diseases: a necessity for Europe. Bundesgesundheitsblatt Gesundheitsforschung Gesundheitsschutz 50 (12): 1477e83 - Orphanet is a web based service that has information regarding orphan drugs and rare diseases. It has information useful for both physicians and patients.
38. Directive 2011/24/EU Article 14.
39. The Commission may adopt such procedures according Articles 5, 7 and 8 of Decision 1999/468EC.
40. Directive 2011/24/EU Article 14(2).
41. Directive 2011/24/EU Article 15(4) The Commission is to be bound by Article 16(2) in passing such measures. This places such acts under the regime laid down in Decision 1999/468/EC.
42. The aims of the health technology assessment network will be to support co-operation between national authorities or bodies, to support Member States in the provision of objective, reliable, timely, transparent, comparable and transferable information on the relative efficacy and effectiveness of health technologies, to support the analysis of the nature and type of documentation that can be exchanged and to avoid, through co-operation, the duplication of assessment.
43. Directive 2011/24/EU Art 10(1).
44. This use of the Internal Market Information System is described in: 2008/49/EC of 12 December 2007 concerning the implementation of the Internal Market Information System as regards the protection of personal data.