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Laws for treatment sought abroad

Connexion edition: January 2007

The start of 2007 was a time to look back at the previous year and take stock of important events of which those considering a move to France, or are already here, should be aware. The first and possibly most important point concerns the right to move and become resident in another member state.
A fundamental change is in prospect. It was obvious from the outset that some of the controls that member states had dismantled in their haste to follow the Maastricht Treaty would have to be reintroduced and, it seems significant changes are envisaged in France during the coming months. There are two main conditions and one requirement which could be brought into force for those moving to France during the coming year:

1. You must come to exercise a professional activity in France.
2. You must have sufficient resources to not become a charge on the social assistance system, as well as having health insurance assurance maladie.
3. You must register with your local mairie within three months of arrival.

Application

The first condition applies to people coming to work and that is a major subject in itself. The second applies to retirees and early retirees etc and indicates an important change in principle.
The first two conditions would appear to be common to all member states; the third is obviously particular to France. The implementation of the conditions is likely to be progressive as the related decrees are published and the effect on free complementary top-up insurance for those on low incomes and on other social security benefits remains to be seen. The second point concerns changes to the French health care system that have come into effect this year. The most important of these is the introduction of the family doctor system with variations similar to that in the UK.
In the UK you have to register with a GP in order to enjoy the benefits of the NHS; in France you do not.
However, not doing so results in a reduction in reimbursements that insurers are not allowed to make up, thus hitting your pocket.
In view of the changes that are taking place in France and Europe will the influx of immigrants from the UK into France continue unabated?

Trends

A recent survey indicated that as many as one in three of the respondents would like to make a move and the most favoured country is still France.
This finding is supported by the increasing number of calls, e-mails and enquiries from our website that we receive every week.
This coming year could see more changes in European healthcare. It has been announced that the EU may introduce a new directive concerning medical care for patients who seek treatment or an operation in another member state. A directive is under consideration which will try to address the following questions:
1. In what circumstances would authorisations be refused or accepted?
2. What constitutes an ‘abnormally excessive’ delay in treatment?
3. What constitutes adequate patient information on treatments available elsewhere in the EU?
4. In the case of medical error, how to indemnify the patient?
Some of the 25 member states had expressed serious reservations about the surrender of more sovereignty and further upsets to the balance of their social security systems.
Nevertheless, due to the number of cases which have accumulated for hearing in the European Courts, they have changed their minds and suggested legislation. The result of the necessary consultations will be communicated before proposing legislation in 2007.

Article written exclusively for The Connexion by Larry Fulton, Exclusive Healthcare. www.exclusivehealthcare.com

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