The European Patients' Rights Directive: A clarification and codification of individual rights relating to cross border healthcare and novel initiatives aimed at improving pan-European healthcare co-operation

Medical Law International

Volumn 12, Issue 1, 2012, Pages 28-69

  Quinn, Paul ^a   De Hert, Paul ^a  

^a VRIJE UNIVERSITEIT BRUSSEL   (Belgium)

Author keywords

coordination of social security; Cross border healthcare; directive; e health; patient rights; reimbursement

Indexed keywords

ACCESS TO INFORMATION; ARTICLE; ASSISTED LIVING FACILITY; AUTHORITY; COURT; ELECTRONIC MEDICAL RECORD; EUROPEAN UNION; GOVERNMENT REGULATION; HEALTH CARE; HEALTH CARE COST; HEALTH CARE DISPARITY; HEALTH CARE SYSTEM; HEALTH PROGRAM; HEALTH SERVICE; HOSPITAL CARE; HUMAN; INTERNATIONAL COOPERATION; JURISPRUDENCE; LAW; LEGAL COMPETENCE; MEDICAL CARE; MEDICAL ETHICS; PATIENT RIGHT; PENSIONER; PRESCRIPTION; REIMBURSEMENT; SOCIAL SECURITY; TELEHEALTH; TREATMENT REFUSAL; VACCINATION;

EID: 84871955940     PISSN: 09685332     EISSN: None     Source Type: Journal    
DOI: 10.1177/0968533212439573     Document Type: Article

References (15)

1. For another well rounded review of the directive please see: S. De La Rosa, 'The Directive on Cross Border Healthcare or the Art of Codifying Complex Case Law', Common Market Law Review, 49 (2012), pp 15-46.
2. S. Greer, 'Uninvited Europeanization: neofunctionalisim and the EU in health policy', Journal of European Health Policy 13 (2006) at p. 134.
3. See H. Roscam Abbing, 'Patient's rights in a technology and market driven Europe', European Journal of Health Law 17 (2010), p. 11.
4. J. Cruz, 'The case law of the European Court on justice on the mobility of patients: an assessment' in J. Van de Gronden, E. Syszczak, U. Neergaard and M. Krajewski, Healthcare and EU Law, Legal Services of General Interest (The Hague, Asser Press, 2011).
5. 'European impasse over patients' rights Directive may be at an end', Canadian Medical Association Journal, 10 August 2010. Published online at www.cmaj.ca on 22 June 2010.
6. 'Editorial: Organ transplantation and the proposed directive on cross border care', European Journal of Health Law 17 (2010), pp. 427-431.
7. In von Chamier-Glisczinski the individual concerned had moved to Austria because her husband had moved there from Germany. As she was now an Austrian resident she was entitled to the same 'benefits in kind' as Austrian residents at the expense of the Austrian state. Though she was entitled as a German resident to the type of care she wanted, she was not entitled as an Austrian resident to the same type of care. For a more in-depth analysis see J. Cruz, 'Mobility of patients'.
8. E. Szyszczak, 'Patients' rights: a lost cause or missed opportunity?', in J. Van de Gronden, E. Syszczak, U. Neergaard and M. Krajewski, Healthcare and EU Law, Legal Services of General Interest (The Hague, Asser Press, 2011).
9. L. Morán and V. Meza-Kubo, 'Towards a tele-assistance service for the cognitive stimulation of elders with cognitive decline', International Conference on eHealth, Telemedicine, and Social Medicine, 01-07 Feb, 2009, Cancun, Mexico. pp. 160-165.
10. M. Alwan, E. Brito-Sifferlin, B. Tuner, et al., 'Impact of passive health status monitoring to care providers and payers in assisted living', Telemedicine and eHealth 13, pp. 279-285.
11. See M. Hartley, 'Diversity and harmonisation. Trends and challenges in European health law', European Journal of Health Law 17 (2010), at p.49.
12. R. Bashurb, 'On the definition and evaluation of telemedicine', Telemedicine Journal 1 (1995), at p.19.
13. H. Legido-Quigley and D. La Parra, 'The healthcare needs of UK pensioners living in Spain: an agenda for research', Eurohealth 13, 2007, 4, 14.
14. For a description of the problems such issues can cause on a national scale one can use the recent introduction of the national electronic health record in the Netherlands. See C. Ploem and S. Gevers, 'Introduction of a National Electronic Patient Record in The Netherlands: some legal issues.' European Journal of Health Law 18 (2011), pp. 191-204.
15. See: P. Kierkegaard, 'Electronic health record: Wiring Europe's healthcare', Computer & Security Review 27 (2011), pp. 503-515