Patient mobility in the European Union

Getting healthcare in another European country should be straightforward, but it often creates problems for both patients and healthcare systems In September 2006 the European Commission launched a consultation on health services, focusing mainly on movement of patients across borders.1 The longstanding view that health care was the preserve of national governments has been rendered untenable by the European Court of Justice. Its judgments place health services firmly on the European agenda, upholding the right of individuals to obtain care abroad paid for by their home health system in specific circumstances (box). We discuss why patients seek care abroad, examine the medical and legal issues that this raises, and outline some possible responses. #### European legal basis for patient mobility The legal basis for patient mobility in Europe was established in 1971 through regulation 1408/712: In 1998 two rulings by the European Court of Justice (the cases of Kohll3 and Decker) relating to spectacles and orthodontic treatment, established that individuals could obtain certain goods and medical service provided outside hospital and be reimbursed by their health funder without getting prior authorisation A series of cases has since expanded the range of care that can be obtained without authorisation and clarified the principles—for example: