Treatments of Low-priority and the Patient Mobility Directive 2011, an End to Legal Uncertainty for the English NHS?

in European Journal of Health Law
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Abstract

The patient mobility case law of the Court of Justice of the European Union created legal uncertainty for the healthcare systems of EU Member States. The Patient Mobility Directive setting out patients’ cross-­border rights was adopted to end this uncertainty. With the Directive to be transposed into national law by October 2013 this article discusses whether the Directive achieves this objective for the English NHS. It contrasts the legal position of the NHS patient under case law and under the Directive regarding the need for prior authorisation of cross-border treatment, the level of reimbursement and the ambit of the healthcare benefits basket. It is argued that the risk of legal challenge may persist under the Directive, specifically regarding treatments which are classified by health authorities as low priority, namely treatments which are either not ‘generally’ available or only available subject to certain clinical criteria or access thresholds.

Treatments of Low-priority and the Patient Mobility Directive 2011, an End to Legal Uncertainty for the English NHS?

in European Journal of Health Law

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References

5)

S.L. Greer and S. Rauscher“Destabilization Rights and Restabilization Politics: Policy and Political Reactions to European Union Healthcare Services Law”Journal of European Public Policy 18(2) (2011) 220-240.

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See e.g. NHS Hertfordshire 2013. “Bedfordshire and Hertfordshire Priorities Forum: Interim and Final Guidance.” January 2013. Retrieved 28 April 2013 www.hertfordshire.nhs.uk/resource-centre/bedfordshire-a-hertfordshire-priorities-forum/final-and-interim-guidance.html.

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Van der Meisupra note 27.

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36)

Van der Meisupra note 27.

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129)

Health and Social Care Act 2012Section 1(1); see also supra note 127 p. 1661.

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Newdicksupra note 102 p. 862.

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