European legal basis for patient mobility

The legal basis for patient mobility in Europe was established in 1971 through regulation 1408/712:

• The E111 scheme enabled people temporarily abroad to get treatment if they became ill, with care being paid for by their home funder

• People were also able to obtain care in another country with prior authorisation—for example, someone who had migrated but wanted to return home for treatment of a serious illness or someone who wanted to obtain care unavailable at home. Authorisation could not be refused if the care otherwise available was subject to “undue delay”

In 1998 two rulings by the European Court of Justice (the cases of Kohll3 and Decker) relating to spectacles and orthodontic treatment, established that individuals could obtain certain goods and medical service provided outside hospital and be reimbursed by their health funder without getting prior authorisation

A series of cases has since expanded the range of care that can be obtained without authorisation and clarified the principles—for example:

• Patients are entitled to treatment for exacerbations of pre-existing illnesses that occur while abroad

• Decisions to authorise treatment abroad must adhere to “international …