Cross Border Healthcare & Patient Mobility: Public Consultation on Scotland's Transposition and Implementation of Directive 2011/24 EU on the Application of Patients' Rights in Cross-border Healthcare.

Implementation of Directive 2011/24 EU

Summary

4.1 The Directive seeks to clarify the numerous case law precedents that have been established over a number of years by the ECJ, as well as the rights of patients and duties placed on Member States in meeting those rights and expectations. It is necessary to ensure that, in transposing the Directive, these rights and duties are clearly set out and enforceable. However, it should be noted that the case law of the ECJ remains in force and may be used where challenges to the actions of Member States in relation to patients' rights to obtain healthcare in the EEA are made.

4.2 Member States are responsible for ensuring that their national legislation is consistent with European law. Where it is not, they must amend existing provisions and introduce new legislation as necessary. Where the EU legislation has not been effectively implemented, Member States may risk legal action and corresponding financial penalties (known as "infraction" proceedings).

4.3 This is a broad based and complex Directive. It covers all aspects of healthcare (but not long-term care which provides assistance with routine everyday tasks - i.e. social care).

What is needed?

4.4 A set of Scottish regulations is required to implement the main provisions of Directive 2011/24/EU in Scotland. The regulations will need to be made in the summer, to come into force on the transposition deadline. This will allow our NHS system to prepare for the changes that will come into effect on 25 October 2013.

4.5 The implementing regulations will not deal with the requirement for indemnity insurance or similar such arrangements in Article 4 of the Directive, nor the Article 11 requirements around designation of special medical prescriptions and the non-exhaustive list of elements to be presented on prescription forms. These elements will be delivered through separate implementation legislation which is being led by the Department of Health on a UK-wide basis. It is not part of this consultation.