Implementation of the Cross-border Care Directive in EU Member States: Luxembourg

in European Journal of Health Law
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Abstract

The Cross-border Care Directive sets up basic patient rights in case of cross-border healthcare. These rights concern both the country of affiliation and the country of treatment of the patient. The article briefly describes the state of the transposition in Luxembourg, with a focus on the draft act on patients’ rights and obligations. This new act on patient rights and obligations will apply without distinction to domestic and cross-border patients, thus transposing most of Luxembourg’s obligations as a country of treatment of a cross-border patient.

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Since its adoption in 1989, chapter 10 of the Act on Hospital Establishments contains a catalogue of the main patient rights applicable in case of hospital care. Furthermore, the Deontological Code of the Medical Profession, which is legally binding, contains since 2005 a general catalogue of patient rights applicable to all medical doctors. Other secondary sources exist. All legal texts cited within this article may be accessed online here: http://www.legilux.public.lu (french).

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In 2012, of the foreign population, the largest group was Portuguese (16,3% of total pop.), followed by French (6,3%), Italian (3,4%), Belgian (3,3%) and German (2,3%). Source: www.statec.lu.

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