Hospital treatment abroad – Norway breaks the EEA rules for hospital treatment abroad
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The EEA Supervisory Authority (ESA) believes that Norway violates the EEA rules for hospital treatment in other EEA countries, and has today sent a reasoned statement to Norway regarding national rules that limit individuals’ rights to hospital treatment in other EEA states, writes ESA in a press release.
ESA is an inspection body with headquarters in Brussels, which must ensure that the EEA Agreement is implemented and complied with in that EEA country. This supervisory body therefore believes that Norway does not follow the rules when it comes to patients’ right to hospital treatment in other EEA countries, even after repeated warnings that it needs to be cleaned up.
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The Patient Rights Act is too strict
ESA believes that the Norwegian Patient Rights Act is too strict and violates the EEA rules in a number of areas:
- As the EEA rules are not given priority over the Norwegian Patient Rights Act, the EEA agreement’s social security regulations have not been correctly implemented in Norway when it comes to patients’ rights to treatment abroad.
- The requirements for approved treatment abroad under the Patient Rights Act are too strict. Among other things, there are demands that patient documents for treatment abroad are more efficient than public treatment offered in Norway.
- If a patient is refused Norwegian approval for treatment abroad, the Patient Rights Act’s complaint handling system limits the relevant appeal bodies’ ability to apply EEA law correctly. In addition, EEA law is rarely used in practice, or it is not used correctly by the relevant appeal bodies.
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Repeated warnings
Strictly speaking, this is nothing new: Norway has received repeated warnings and criticism from ESA when it comes to exactly this.
In both 2014 and 2019, Norway received ESA due to the Norwegian Patient Rights Act breaking the EEA rules for access to hospital treatment in other EEA countries.
In May 2022, ESA sent a formal notice of this to Norway, and now comes the sequel: a so-called reasoned statement, which is the second step in a formal infringement case.
Norway now has months to implement the necessary measures before ESA can decide to bring the case to the EFTA Court.
ESA’s reasoned statement can be read in its entirety her.
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