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Tadas Elzbergas

Abstract

In the present article, the author analyses the patient’s right to healthcare services in another EU Member State. In the Community law, this right is interpreted as the right to receive healthcare services funded by the national health insurance institution in another Member State while patient is insured in his home Member State. The article attempts to explore the content and procedure for the implementation of the patient’s right to healthcare services in other Member States by singling out two aspects—the patient’s right to emergency treatment and planned healthcare (both in-patient and out-patient care). The author analyses pertinent EU legislation. The rendering of healthcare services to persons moving within the Community is regulated by Council Regulations No. 1408/71 and No. 574/72, applied directly in all the Member States. The procedures for the implementation of the said regulations are established by the decisions of the Administrative Commission on Social Security for Migrant Workers of the European Community. However, the patient’s right to healthcare services in other Member States cannot be analysed without reference to the jurisprudence of the European Court of Justice.

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Section
Articles