The Ministry of Health, the Elderly and Community Care refers has issued a statement this afternoon regarding the recent judgement issued by the Appeals Court in relation to cross border health care.

“A clear distinction must be made between the Court judgement and the issue of waiting times,” the statement said.

“It is important to note that the Court judgement itself was primarily concerned with an EU Member State’s application of publicly funded health care services. The judgement specified that the Maltese Government had the duty to inform the public of its publicly funded health care package; the Department of Health has addressed this issue and the package of health care services offered by Government has been available on its website since October 2010. This package is being updated on a regular basis to keep the public informed on the introduction of new services,”the Ministry said.

In the meantime, the Ministry said it is also working on the transposition of a new Directive on cross border health care which will come into force by no later than October 2013. This directive provides a new mechanism for patients to access cross border health care. It stipulates that patients will pay for the full cost of treatment conducted abroad and be reimbursed the amount it would cost Government to carry out the procedure in Malta. “In doing so, the patient will fork out the difference between the cost of their treatment abroad and the cost of the same procedure in Malta. To make use of this service, prior authorisation will still be necessary for specialised investigations and interventions and for care involving an overnight stay in a hospital. Additionally, procedures will only be rendered eligible for reimbursement if they form part of Malta’s publicly funded package of health care services. This will provide a clear legal framework to deal with requests for treatment overseas. Malta is working closely with the European Commission through the committee that has been set up specifically to oversee the implementation of this Directive across all Member States,” the Ministry continued.

Until the Directive forms part of Maltese legislation, the Department will continue to process requests for treatment abroad in line with current EU regulations and local administrative procedures through the EU Health Care Entitlement Unit and the National Programme for Highly Specialised Overseas Referrals.

“EU law (under regulation 883/04) grants patients the right to seek authorisation for treatment outside their country where such treatment cannot be provided within a time limit that is medically justifiable, taking into account the patient’s current state of health and the probable course of the illness in question. The final decision on these requests is made by a panel of clinical experts who decide upon each case on its clinical merits, in line with EU law. Therefore, the notion of “undue delay” requires assessment and confirmation by a board referred to as the “Treatment Abroad Committee.” the Ministry said.

“Therefore, the Court judgement itself is not directly linked to the issue of waiting lists. Nevertheless, Government is determined to continue tackling waiting times across the full spectrum of services it offers. So far, operational activity at Mater Dei Hospital has increased significantly. In 2010, 41,795 operations were conducted at Mater Dei, an increase of 28%, that is, more than 9,000 operations, over the final year of St Luke’s Hospital. Also, initiatives comprising the outsourcing of public health services services to private and NGO sectors are developing steadily.” the Ministry said.

The statement form the Ministry concluded by saying, “Furthermore, Government policy is directed towards treating Maltese patients in Malta. This policy approach is based on the experience gained through Malta’s National Highly-Specialised Referrals Programme, which sends patients requiring specialised treatment not available in Malta but covered by Malta’s publicly funded health care package for treatment in the United Kingdom. The patients who have undertaken this treatment have expressed their preference to being granted their treatment locally as far as is possible.”

Permalink: Health Ministry clarifies position on cross border health care