§ Chris GraylingTo ask the Secretary of State for Health what rights an NHS patient has to demand treatment overseas as a result of the recent European Court ruling. [54896]
§ Mr. HuttonFollowing the Decisions of the European Court of Justice (ECJ) in the cases of Garaets-Smits/Peerbooms (C157/99) and Vanbraekel (C368/98), my right hon. Friend, the Secretary of State announced last autumn that he was removing the obstacles in domestic legal provision to allow health care commissioners in England to purchase care elsewhere in the European Economic Area (EEA) for English residents.
These arrangements for direct purchase of care operate alongside the provisions of European Community law in Regulation (EEC) 1408–71. This allows referral of patients from the country of residence to the state medical sector in any of the member states of the EEA specifically to receive treatment for a pre-existing medical condition, 731W using EC Form E112. The procedures for obtaining this document are set out in the Department of Health leaflet `Health Advice for Travellers' available from Post Offices (copy available in the Library).
In considering the national legislation of the Netherlands at issue in the Garaets-Smits/Peerbooms case, the European Court of Justice (ECJ) said that their system which required prior approval from the patient's sickness insurance institution for treatment in other EEA states, was contrary to the freedom to provide services provisions of the treaty establishing the European Community. However, the ECJ said that, provided certain conditions were met, such a rule was justified in the interests of maintaining the financial stability of the Dutch national health system.
In the light of the ECJ rulings, the United Kingdom continues to operate a requirement that prior authorisation for treatment elsewhere in the EEA must be obtained. In the case of E112 referrals responsibility for this prior authorisation rests with the Department. Direct commissioning of health care services by national health service bodies by its very nature requires prior authorisation by the referring NHS organisation. Patients arranging treatment elsewhere in the EEA without obtaining the appropriate prior authorisation are personally liable for the costs involved.