To ask the Scottish Executive what action is being taken in preparation for cross-border health care throughout the European Union.
There is already a longstanding arrangement in place (the E112 scheme) that allows citizens of European Economic Area (EEA) countries to travel throughout the EEA for planned treatment, subject to prior approval by the home member state, although indications suggest that Scots much prefer to access quality NHS services at home.
The draft directive on the application of patients'' rights in cross-border health care, published on 2 July 2008, aims to codify the application of European Court of Justice case law, which has established that patients have a right (under Article 49 of the EU Treaty) to seek health care in another member state, subject to certain conditions, and to receive reimbursement for that treatment from the NHS. Codification of the case law will clarify how the rules will work in practice and will allow member states to establish a patient mobility framework.
The Scottish Government carried out a public consultation exercise on the proposals, which concluded on 3 December. The consultation document, which includes the draft directive, is available at http://www.scotland.gov.uk/Publications/2008/10/15082114/0.
The responses to the consultation will be shared with the UK Government to inform Health Council negotiations. The negotiations are in their infancy and will take some time to complete.
The Scottish Government is committed to the principle that while Scottish patients should have the choice to travel abroad for health care, NHS Scotland should retain the ability to decide the health care it will fund. Equally, anyone travelling from another member state to receive NHS health care in Scotland will have to pay the full cost of the treatment in advance. Once a set of proposals is agreed and adopted by Europe, the Scottish Government will have 12 months to transpose the terms of the directive into domestic legislation.