The Cross-Border Health Services Market in EU

Abstract

Access to cross-border healthcare in the European Union (EU) is promoted by Directive 2011/24/EU of the European Parliament and of the Council of 9 March 2011. The aim is to promote patient mobility and the possibility of access to new treatment opportunities and an EU-wide health service. The focus of this paper is the analysis of the Directive, its scope and its consequences in Portugal. The concept of cross-border healthcare provision means the possibility for an EU citizen to have access to healthcare in another Member State, bordering the state of his nationality. The directive imposes rules for patients' access to cross-border healthcare. The idea is to ensure freedom of choice and access to high-quality cross-border healthcare in the EU, and to do so by ensuring patient mobility. As stated by the Court of Justice of the European Union (CJEU), the main objective is to promote cooperation on healthcare between member states, while respecting all national competences on the organization and delivery of healthcare. In this paper we analyze the assumptions of access to cross-border healthcare, from transparent information to the removal of administrative obstacles and treatment costs in host countries. We also analyze the terms of the transposition of the Directive into Portuguese law, and in particular the introduction of the mechanism of subordination to prior authorization.