Paciento teisė į sveikatos priežiūros paslaugas kitose ES valstybėse narėse.
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In the present article, the author analyses the patient’s right to healthcare services in another EU Member State. In the Community law, this right is interpreted as the right to receive healthcare services funded by the national health insurance institution in another Member State while patient is insured in his home Member State. The article attempts to explore the content and procedure for the implementation of the patient’s right to healthcare services in other Member States by singling out two aspects—the patient’s right to emergency treatment and planned healthcare (both in-patient and out-patient care). The author analyses pertinent EU legislation. The rendering of healthcare services to persons moving within the Community is regulated by Council Regulations No. 1408/71 and No. 574/72, applied directly in all the Member States. The procedures for the implementation of the said regulations are established by the decisions of the Administrative Commission on Social Security for Migrant Workers of the European Community. However, the patient’s right to healthcare services in other Member States cannot be analysed without reference to the jurisprudence of the European Court of Justice. The content of the patient’s right to receive healthcare services in other Member States has been developed in the jurisprudence of the European Court of Justice during the last decade. Based on the interpretation of the provisions of the EC Treaty regulating the free movement of people, goods and services, the European Court of Justice has acknowledged in its decisions since 1998 that patients have the right to receive compensation for healthcare services provided in the another Member State from the national health insurance institution. In order to formulate more precisely and ensure the patient’s right to healthcare in other Member States, the Commission began codifying the practice of the European Court of Justice. There are plans to create a system for providing healthcare services in other Member states based on the proposal of a directive drawn up by the Commission. The author also reviews the Lithuanian practice in implementing the patient’s right to health care services in other Member States. Since Lithuania became a member of the EU, Lithuanian patients have obtained the right to emergency treatment and planned healthcare services in other Member States financed from the budget of the Compulsory Health Insurance Fund. The European Health Insurance Card system confirms the right to emergency treatment while visiting other Member States, and is implemented and functioning in Lithuania. However, there are reasonable doubts whether the orders of the Minister of Healthcare regulating planned healthcare are compatible with the legislation of the Community. Thus, the valid national legislation in question should be reviewed and harmonized with EU legislation.
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