UK patients may go abroad for treatment within the European Union (EU) if a commissioning body commissions care abroad, or if a patient asks to go abroad for care.
Published: 6 April 2010
These Regulations, Secretary of State's Directions and guidance aim to help local health commissioners handle requests from the public to go to other European Economic Area under arrangements based on the freedom to provide services in Article 56 of the Treaty of the European Union.
There are currently, due to judgements of the European Court of Justice, two possible routes for patients who wish to go abroad for treatment within the EU. One is through the E112 form, and one through the Article 49 route (named after the relevant article of the EU Treaty). We are lobbying in Europe to try and get this situation simplified, but for now see the guidance below on the differences between the two routes. There is also separate guidance for commissioners on administering the E112 process.
Treatment in the European Economic Area (EEA) is one of the options open to NHS PCTs wishing to manage their waiting lists and reduce waiting times, and offer greater patient choice where this represents good value for money and increased convenience. Since January 2002, almost 600 patients have received treatment in the EEA in France, Belgium and Germany. The majority of these referrals have been for orthopaedic and some cardiac procedures. An independent evaluation of the overseas treatment pilot scheme found patients' reactions to be very positive. Feedback has remained positive in the live project, and patient take-up rates have exceeded expectation.
The Department of Health policy is to advise the NHS in England to purchase spare capacity only within the EEA.
