Draft Affirmative
Published: 11 February 2019
The Health Services (Cross-Border Health Care and Miscellaneous Amendments) (Northern Ireland) (EU Exit) Regulations 2019 makes amendments, revocations, transitional and savings provisions to address deficiencies arising as a consequence of the United Kingdom’s (UK) withdrawal from the European Union (EU) without an agreement.
The European Union Directive 2011/24/EU on the application of patients’ rights in cross-border healthcare (“the Directive”) sets out a framework of rules which allow patients to seek and pay for treatment in either the state or private sectors in another EEA country and have the costs of that treatment reimbursed by their home state. The obligation to reimburse is limited to treatment which is the same as, or equivalent, to a treatment that would be made available to the person in their home healthcare system, that is the NHS in relation to the UK, with reimbursement capped at the cost of state- provided treatment in their home healthcare system. The Directive was implemented in Northern Ireland by the Health Services (Cross- Border Health Care) Regulations (Northern Ireland) 2013 (SR 2013 No.299)
Following the UK’s exit from the EU (“exit day”), the Directive and the Treaty on the Functioning of the European Union will no longer apply in the UK. Therefore, the domestic legislation implementing the Directive will no longer be appropriate given that it is based on a reciprocal relationship with the EU of which the UK will no longer be a part.
The amendments to the relevant domestic legislation will no longer allow a UK patient to seek and pay for treatment in either the state or private sectors in an EEA country and have the costs of that treatment reimbursed by the UK. It will also remove the obligation to provide National Contact Points (NCP) for the provision of information about treatment for incoming patients from an EEA country.
The amendments will ensure that a patient whose treatment has commenced, or been authorised, on or before exit day will retain entitlement to Cross Border Health Care.
This instrument will also seek to ensure an orderly closedown, with transitional provision, of the rights enjoyed under the Directive. Where an EEA country enters a bilateral agreement with the UK to guarantee the status quo in relation to reciprocal healthcare, savings provisions will allow the Directive provisions to apply in those circumstances until 31 December 2020
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