EU probes expat health cover ban

French law that excludes early retirees from state health system may breach European freedom of movement rules

A LAW which bans non-French early retirees from joining the state health system is being investigated by the European Commission.

The Commission is in talks with France to see if the policy is against current EU law.

It is examining whether non-working European expats might be allowed to join the CMU (couverture maladie universelle), a system that enables those who have no social security cover through French work to access state health refunds.

The scheme involves subscription payments at a percentage of earnings for all but those on very low incomes.

CMU was used by all early retirees until late 2007, when France changed its laws and withdrew their health cover, informing them they needed to get private cover until they had lived here for five years.

The change in policy pulled away the health cover of those with long-term or serious illnesses who would never be eligible for private insurance. After protests, France modified the law to only apply to those who moved here after November 23, 2007.

Expats who are seeking private cover when their E106 protection expires are also finding difficulty getting suitable policies. The French government has only given vague explanations of what they consider to be adequate private cover and has no officially approved policies.

The policy also stops those with long-term illnesses - or reasons preventing them getting private healthcover - from coming to live in France. The European Commission is investigating this.

A Commission spokesman said the French ban may not be in line with new regulations on compatibility between European social security systems.

Campaigners who fought the ban on state healthcare for early-retiree expats have welcomed news that it could be overturned by Europe.

Deborah Dudley of French Health Issues said the fact the European Commission is scutinising France’s policy was a welcome surprise and will be good news to many Britons hoping to come to France.

Mrs Dudley said: "We felt we had a triumph for the people who were already here, but I am very pleased to hear about this because it is very tough now for those who would like to come.

"If they can't get private insurance because of a health problem – even just asthma or high blood pressure – in effect they can't come because they can't get full private healthcare that conforms to French norms. We think this discriminates against the sick."

She added: "This is extremely good news. We always felt that France's policy went against the ethos of free movement in Europe.”

Technically, some of those unable to get full private healthcare might be able to appeal to join the French system based on rules relating to "life accidents" – unforeseen difficulties in accessing healthcare. However in practice this has been proving to be difficult.

How we broke the story
September 2007: Early retirees lose right to CMU
November 2007: Petition against healthcare changes
November 2007: Local health authorities confused by CMU denial
November 2007: Law modified to allow existing expats to keep CMU
April 2010: New expats being denied vital private healthcover