The EU Directive 2011/24/EU on Patients’ Rights in Cross Border Healthcare aims to ensure EU citizens may access safe and good quality healthcare across EU borders. The Directive establishes a framework for cross border healthcare between EU/EEA states to facilitate patients to access care in another Member State in accordance with their entitlements in their own country. It is important to note that the Directive does not create additional rights for persons with regard to access to healthcare.
The procedure to obtain healthcare, including Tier 4 residential addiction services, which applies to persons accessing that care in Ireland applies equally to patients seeking to access that healthcare under the Directive. The main purpose of the Directive is to facilitate access to safe and high-quality cross border healthcare and to ensure patients’ mobility, while respecting the competence of Member States for organising their own healthcare systems.
The procedures for accessing healthcare in Ireland are via GP referral or presentation by patients at an acute hospital emergency department. Furthermore the nationally adopted procedures for Tier 4 residential addiction services are in line with standard and accepted medical practice in Ireland. Therefore it cannot be the case that an unfair burden of responsibility on the patient’s referring doctor is created for those accessing services under the Directive by having the same pathway as is employed for those accessing such care in Ireland. This pathway is the long established and appropriate means of ensuring patients access the appropriate care, having had a GP first make the determination of necessary care and then provide the appropriate referral.
The Directive does not provide for or in any way encourage Member States to alter their healthcare systems to mirror those of other Member States.
