European commission plan will guarantee that cost of treatment in EU country is reimbursed by NHS

Patients are warned of ‘no health-tourism free-for-all’

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The UK Government yesterday warned it will not finance a “health tourism” free-for-all under plans to give patients rights to shop around Europe for the best and quickest medical treatment.

Proposals by the European Commission would guarantee that the cost of treatment in the EU is reimbursed by the patient’s own national health scheme back home.

The plan follows years of legal cases in which European court judges have ruled that freedom to cross EU borders for treatment should be a right for all.

The draft directive states that, as long as a treatment is covered under the patient’s national healthcare system, they can opt to be treated in another EU country and be reimbursed “without prior authorisation”.

Patients would have to pay the medical costs upfront, but will be assured of repayment up to the cost of the same or similar treatment at home.

The Department of Health said a finally agreed directive must be acceptable to the UK and protect the NHS. A spokesman went on: “The government is clear that health tourism will not be funded by the NHS. We are also absolutely committed to ensuring that, where UK patients choose to travel abroad for care, the NHS retains the ability to decide what care it will fund.

“Currently, where patients do choose to travel abroad for care, overwhelmingly this tends to be for care the NHS would not have funded, for example, cosmetic surgery.

“Case law exists already from the European Court of Justice allowing patients who wish to receive care abroad to do so. But very few people choose to do this.”

One of the EU cases which prompted the commission to propose new laws was that of Yvonne Watts, who two years ago won a landmark ruling that the NHS should reimburse her for a hip replacement she opted to have in France to avoid long delays.

The NHS had argued that Ms Watts had not received clearance and therefore should not be reimbursed. But under the new proposals, no authorisation would be required in most cases.

Liz Lynne, West Midlands Liberal Democrat MEP, said: “Sadly, NHS hospitals have a higher incidence of super bugs and poorer survival rates for many conditions, including some cancers, than other EU member states, so it is no wonder an increasing number of people are going abroad for treatment.”

Karen Jennings, head of health at trade union Unison, said: “The directive would introduce a two-tier health service and tie up the NHS in mountains of bureaucracy.”