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The European Cross-border Healthcare Scheme..."On Ice"?

Coin in ice cube

In his Second Opinion column, Dr Constantine Constantinides from healthCare cybernetics looks at the progress (or lack of progress!) with the EU Directive on Cross Border Healthcare.  In the midst of a Euro crisis and economic recession, has the scheme just stalled? Or does the delay in implementation provide a welcome opportunity to think again and think things through... and to avoid the sort of mistakes which led to the flawed Euro concept.


Like most who will be reading this, I am a promoter and champion of the European Union Cross-border Healthcare Scheme (“Scheme” in this article should be taken to mean the EU Directive on Cross Border Healthcare.)  I participated in and contributed to the EU Commission Consultation in 2006 – and continue to be actively involved in the efforts to see the scheme fully implemented.

Nevertheless, I have also been and continue to be a constructive critic. Reality needs to prevail above politics and the narrow interests of Eurocrats. I have written and spoken on the subject.

Developing events compelled me to write again.

Putting something “on ice” means to postpone or delay this something. Similarly, putting something “on hold” means stopping all activity – to stop the progress of something.

Sadly, today (2012), as a result of the economic and political turmoil in EU-member countries, both terms seem to apply to the European Cross-border Healthcare Scheme.

Plans for the breakup of the Euro... and its effect on the Scheme

Policy Exchange (a UK-based think tank -) in March 2012 shortlisted five contestants for the best plan for the breakup of the Euro. We all now realize that breakup of the Euro - or radical changes to the system - are real possibilities.

If the Euro System breaks up – or changes radically - the Scheme is not likely to survive – as originally designed and planned.

Cross-border activity... and the effects of Euro breakup

With a breakup of the Euro – or even just “internal devaluation” in some countries, practically all forms of cross-border activity will be impacted. Internal devaluation has already started with a reduction in salaries and pensions and the prices paid by the government for services and products.

So, even without a Euro breakup, what effect will internal devaluation have on the Scheme and reimbursement, and reimbursement rates?

I leave you to ponder this.

An imperfect Scheme

Like the Euro, the Scheme was incompletely thought out and to a certain degree, is flawed. Although “providing certainty” was a central theme, all along, certainty on several issues still needs to be provided. Implementing an incompletely thought-out Scheme is an invitation to certain trouble.

Readiness and compliance

With practically all European countries battling with political and economic challenges, implementing the Scheme and becoming “ready and compliant” will be the last thing on the agenda of politicians and bureaucrats. The Scheme very prominently involves new rules, systems, regulations and reimbursement, and a Scheme-specific reimbursement system – a logistical maze and headache (if not a nightmare).

No EU country wants to add this headache to its other headaches – for now, at least.

Rule out 2013...what we are already seeing on the ground

2013 was slated as the year for the Scheme to start being fully implemented. I think we need to shift expectations and the date. What afflicts Greece, Spain, and Portugal afflicts, to a certain degree, practically all EU countries – including Germany (I think).

Recession is driving citizens to abandon private health insurance and patients are flocking to public healthcare facilities – inundating some of them to breaking point. With public sector hospitals now having no “spare capacity”, they are unlikely to welcome foreign patients with open arms.

The effect of Europe-wide Recession…on public and private sector healthcare provision

As part of austerity policy, public sector hospitals are being closed down and others “merged”. National Health System benefits are being curtailed and some are in fact scrapped. Salaries of health sector professionals and other workers are being slashed. Governments (on the Right, Left and Centre) are keen to unload the responsibility and burden of providing healthcare services to its citizens.

We are already seeing governments working towards this “in stealth mode”. No government is saying this openly and in public – but the private sector knows this very well – and is rubbing its hands.

On the other hand, in some of the EU countries, private healthcare providers, mainly hospitals, are currently operating in crisis mode. They are having to borrow to meet obligations, including “payroll”. And some are even “retrenching” and putting staff on “part time” or “obligatory unpaid leave”.

The “Libyan Patient” provided only a short-lived and temporary financial relief for some. Some are now placing hopes on the Syrian Patient.

Only a year ago (2011) Greek private sector hospitals were informing me that they had no spare capacity and therefore, did not want medical tourists. Now they see medical tourism, including the EU Scheme as a saviour (judging by the calls I get and the meetings I am invited to attend with groups of top executives). But it is a bit late in the day.

Looking on the bright side of life... a chance to think again and think through

Looking on the bright side of life, this hiatus may be a blessing for the Scheme, offering us the opportunity to think again and think things through. We may just be able to avoid the sort of mistakes which led to the flawed Euro concept, which, because of “time pressure” led to its hurried implementation.

Of course, like the Euro, the fate of the Scheme will be determined by politics as much as economics!


Comment

Profile of Dr Constantine Constantinides

Constantine Constantinides

Dr Constantine Constantinides runs healthCare cybernetics, a “think and do tank” with a recognized competency in Health Tourism Integration and Development. His home base is on the island of Samos in Greece.

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Looks like two angle-discussion, focussing on new streams in a mostly financial way.
1) There are existing flows.
2) The directive has a financial compontent but it is not the only one
3) Without saying the directive is perfect, but it helps countries to get many more legal cases against them

Question will most probably not if they implement or not, but in what way they do it.

Jos Vanlanduyt (19/06/2012 16:26:25)

Yes, Spain is an interesting case - and I know the Commission has its eye on what is happening there. Being brutally honest for a moment, many of Spain's problems are of their own making - for decades they have been too lax in policing the use of E111/EHIC etc in their health service or in enforcing "residencia" requirements and are now trying to shift the blame elsewhere. It won't work.

However, I'm not sure what this has to do with the Cross-border Directive? The Directive is premised on the basis that EU citizens can move freely around the Community, access services, pay for them at the point of treatment and then claim reimbursement from their home state.

The Directive isn't about Member States providing free or subsidised access, so Spain's stance is a complete non-starter and they will be slapped down eventually. Of course, increased demand might be a problem but in an age of austerity, how many will actually choose to spend money on travel for treatment they can get at home? (Medical Tourism for treatments not routinely provided by health systems is a different matter, of course)

As for the political situation, yes this is volatile and new governments may take a different stance on issues such as the single currency (which may or may not survive - who can tell?). However, I do think it is important not to overplay what might happen - very often politicians will promise certain things in election campaigns that they find they cannot deliver once in office. The example of Hollande promising to stand up to Germany on austerity is a case in point. Will it really happen? So I think there is still a long way for the current problems to run and any thought of EU break up is at best premature.

What does this mean for the Cross-border Directive? It means Member States carry on with their plans for implementation and the Commission will scrutinise Member State actions in delivering the Directive's obligations.

Rob Dickman (03/05/2012 11:05:45)

Rob

good luck to any EU country expecting Greece or Spain to actually take part in this -assuming of course that Greece is still in the EU in 2013 !

In the last few days Spain has announced that to achieve the target of cutting health expenditure by seven billion euros, only legal immigrants will retain health coverage as of September 1.

Among illegal immigrants, only children, pregnant women and emergency cases will qualify for free treatment.

The measure will leave half a million illegal immigrants who have been counting on Spain's health coverage with no safety net, including people currently undergoing free hospital treatment.

Scrapping health coverage for 500,000 Latin Americans, North Africans and Eastern Europeans in Spain is harsh, but with 40% unemployment , times are very tough.

Spain's attitude is that 'foreigners, tourists, illegal immigrants are to blame for the health service problems'

The elections in Europe could make a difference not just to the cross-border directive, but to whether the EU exists in its current form.

I think that pursuing the implementation of this directive now is like worrying what tunes the band on the Titanic are playing, rather than finding the lifeboat.


Ian



Ian Youngman (02/05/2012 11:22:18)

If it is true that the Cross-border Healthcare Directive is somehow "on ice", then that will come as a great surprise to those of us in Member States across the Community who are working hard on plans to deliver the Directive's obligations into national systems. It will also come as a great surprise to officials in DG SANCO at the Commission who are working to ensure consistent transposition in Member States across the EU.

The new legislation isn't perfect, we all know that. However, with or without a Directive, the case law that underpins it still applies - we cannot simply row back and adopt the positions that existed before Decker, Kohll, Vanbraekel & Watts. The Commission won't allow that, the Court of Justice won't allow that and individual citizens won't allow that.

Rob Dickman (24/04/2012 11:54:45)

The Cross Border Healthcare Directive was borne out a necessity 'to be able to tick the box.' It makes the EU look good and that purpose has been achieved, however hollow its content. After all, it is a tick in the box!
Healthcare is an expensive sector and EU member countries would sooner spend on churning their own industry than contribute to other countries' systems.
This economic disincentive is manifested by in the burden of bureaucratic red tape, which makes it well-nigh impossible to seek pre-authorisation sooner than your patience runs out. For emergency care, we did not need a directive anyway!
The only way Cross Border Healthcare may work is if the EU comes to look upon itself as the US of E, with e common healthcare policy and a joint budget; if there is the will, the ways will be easily found! Reasons for a unified strategy abound.
More about this at EMTC 2012, but let this be food for thought.

Zahid Hamid (23/04/2012 22:20:40)

Healthcare accounts for a massive 10% of EU GDP.

As the IMF, EU and European Central Bank have been involved in setting targets and monitoring the progress of eurozone countries most stricken by the financial crisis, there have also been behind-the-scenes interventions in the management of healthcare systems and budgets. At the European Commission the health and consumers department of the EU executive is currently engaged with several member states on this subject and has received requests for advice on the topic of health system reform from several others

This suggests that several EU countries are seeking to shift the burden of healthcare from the state to the person/employer.We could see more on the German and Dutch lines of compulsory health insurance.We are also likely to see others go down the monetarist route of a free market ie those who can pay will, some very vulnerable protected by the state, and the rest left to muddle along.While pursuing pure monetarist health policies, some of the very same states will pursue Keynesian principles of trying to control interest rates and spending etc.-go figure!

One key will be who wins the French elections.If promises of economic recovery by spending up- while other countries are seeking the same solution by spending down- and some countries no longer have full control of their own spending;becomes a health mess.

Today Spain has promised to ' crack down on health tourism' ( latest alleged culprits are the Portuguese and Germans and Spanish holidaymakers who go to the coast for treatment thus blowing apart the regional budgets)

Several countries are seeking to cut immigration - and basically ignoring EU rules.

When the EU seemed n the middle of a boom, it was easy to agree cross-border deals on lots of things.But now, and even more in the next couple of years it is going to be every country looking out for itself.Those who have the mechanisms right for the existing money in and out for payments to or from other EU countries will probably implement the laws.But most have poor systems, and how good they will be after more budget cuts is debatable.No EU country can afford to spend major new sums on implementing an infrastructure for cross-border care.

We could also see the North - with state care or compulsory insurance and in the best economic shape; putting up barriers so they do not cover the existing and future gaps in the healthcare of Southern countries.

Whether private healthcare is in good shape or not varies by country.

Medical tourism on a self-pay basis may still be the only way in Europe for the next decade.What the directive never got right was understanding the difference between countries with a state healthcare system , and those with an insurance based ( compulsory or not_) one.Insurers are not going to pay for healthcare for people who are not their customers.

Any country or hospital expecting a business boom from the Directive has not seen the news since 2008.

Even if implemented - and that is now a huge if in most countries- it will help a handful of people-but is not going to effect medical tourism.



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Ian Youngman (23/04/2012 17:48:55)