This month, the EFTA Surveillance Authority (ESA) sent Norway a reasoned opinion on the state’s implementing measures for the Patients’ Rights Directive (Directive 2011/24), which the ESA is seeing through the infringement procedure (Articles 31-33 SCA).
The Directive, which has been decided by the EU legislature and subject to plenty of interpretation by the CJEU, allows for patients to choose their healthcare provider anywhere within the EEA (both EU and EFTA pillars), and be reimbursed for such costs associated with the treatment up to the amount it would cost in their state of residence.
According to ESA, the Norwegian method of calculating such reimbursements – through an administrative practice – does not allow for the ‘full’ recuperation of the costs, as the Directive so demands. Furthermore, the ESA claims that the window in which to claim a reimbursement in Norway, if persons are affiliated to that healthcare scheme, is excessively narrow, and does not account for reality.
With this reasoned opinion, it is the final step that the ESA may take before it may bring Norway to the EFTA Court for a declaration of incompatibility.
The text of the ESA’s reasoned opinion (Case No: 85598, Decision no.: 080/23/COL) can be seen at the following link: https://lnkd.in/eFDyZnFr
Graham Butler