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N.C.P. on the application of Patients' Rights on Cross Border Healthcare

Differences between Directive 2011/24/EU and Regulation 883/2004

Legal basis
Applicable rules

883/04 and 987/09

Free movement of persons
    · Prior authorization required for all care
    · Except for care becoming medically necessary during temporary stay in member state of treatment
    · Prior authorization cannot be refused if
        Ø Care is part of benefit basket
        Ø Care cannot be delivered within medically justifiable time - limits
    · Member State of Treatment
    · “as if person was insured in member state of treatment”
    · Formalities and conditions of member state of treatment apply
    · Member state of affiliation pays directly
Directive 2011/24Free movement of persons, medicines and Prior authorization not required, except for care

    · Subject to planning
    · Presenting a risk for patient/population
    · Provider raising quality and safety concerns
    · Member State of Affiliation
    · “as if person was treated at member state of affiliation”
    · Formalities and conditions of member state of affiliation apply
    · Patient advances cost and member state of affiliation reimburses

Except: if conditions of Dir 883/04 are met, these rules apply

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