Why and to what extent does the proposed Directive cover health services?
The proposed Directive seeks to remove, on the basis of the case law of the European Court of Justice, unjustifiable and in particular discriminatory restrictions on the freedom of establishment and the freedom to provide services for a variety of activities including health services. It does not aim to harmonise Member States’ regulation or modes of delivery of health or social services. Nor does it call into question the competence of Member States to decide how these services should be organised or financed. One effect of the proposed Directive would be the clarification of the right of patients to receive, under certain conditions and within certain limits, reimbursement of costs for non-hospital care received in another Member State without having obtained a prior authorisation from their national social security system. The proposed Directive would, furthermore, provide for information and transparency obligations for health care service providers. Finally, provisions on administ
