| Author (Person) | McLauchlin, Anna |
|---|---|
| Series Title | European Voice |
| Series Details | Vol.12, No.18, 11.5.06 |
| Publication Date | 11/05/2006 |
| Content Type | News |
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By Anna McLauchlin Date: 11/05/06 The right of patients to seek reimbursement for health treatment abroad if their home country is unable to carry out the service in a reasonable time will be strengthened on Tuesday (16 May) if judges of the European Court of Justice follow a draft opinion. An advocate-general of the court concluded in December that Yvonne Watts, a 74-year-old British woman, was entitled to reimbursement from the UK National Health System (NHS) for a hip replacement carried out in France in 2003. The NHS is a state-funded service that bears the full cost of health treatment for UK citizens. Watts was in such pain that she spent nearly EUR 5,800 on surgery in France after the NHS said that she would have to wait up to four months for the operation in the UK and that her costs would not be reimbursed if she went abroad. The advocate-general backed Watts' case that under EU law on the freedom of services, and national health law, people suffering an unreasonable delay should be entitled to compensation for treatment abroad at the same level as the operation would have cost at home. If, as in the case of the NHS, the treatment would normally have been free, then reimbursement should be the cost of the treatment. As the ECJ backs the advocate-general's opinion in around 80% of cases, Watts is likely to win her claim on Tuesday, which is the first to challenge NHS practices under EU law. The NHS has already warned that a win could see its resources diverted in favour of paying for patients who want to travel abroad and discriminate against those who are unwilling or unable to do so. When Watts first brought her case to the UK court, waiting lists for hip surgery in the UK were anything up to two years, but the UK target for any hospital treatment following referral from a doctor is now 18 weeks. According to Michael Sobanja, chief executive of the NHS Alliance, a group that represents doctors and other staff in the UK, only "a handful" of people now wait for more than six months for hospital treatment. Other member states, for example Sweden, are also struggling to get waiting times down. Sobanja said that the overall impact would depend on the details of the ruling. "If it all comes down to what is a 'reasonable' delay, what does that mean for other countries with shorter waiting lists?" he asked. "If the usual waiting time is four weeks in France, does that mean that someone who has to wait six weeks is entitled to go abroad?" Article anticipates a judgement of the European Court of Justice, expected for 16 May 2006 on the right of patients to seek reimbursement for health treatment abroad if their home country is unable to carry out the service in a reasonable time. The Advocate-General of the Court had concluded in December 2005 that Yvonne Watts, a 74-year-old British woman, was entitled to reimbursement from the UK National Health System (NHS) for a hip replacement carried out in France in 2003. |
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| Source Link | http://www.european-voice.com/ |
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| Subject Categories | Employment and Social Affairs, Internal Markets, Law |
| Countries / Regions | Europe, France, United Kingdom |
