The Proposed Patients’ Rights Directive and the Reform of (Cross-Border) Healthcare in the European Union

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.

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