The Cross Border Healthcare Directive clearly states your rights to obtain healthcare services anywhere in the EU, but how do you go about accessing those services, what is your first step and who should you talk to?
Establishing the need
The first step to accessing your rights under the Cross Border Healthcare Directive is to get your healthcare needs confirmed by your clinician either in the UK or in your chosen country. The NHS cannot challenge the medical assessment of a doctor overseas unless they have evidence that it was made in error.
Your GP or hospital consultant will not be able to refer you to a facility outside of the NHS, but they will be able to confirm the treatment that you need and the timescale in which they recommend you receive that treatment.
Getting prior authorisation
If you are using the S2 route then you will need to apply for prior authorisation to obtain your S2 form. You may also need prior authorisation to ensure you are reimbursed under the Directive route. This is dealt with by your local health commissioner, with each of the home nations having slightly different systems for administering local healthcare as follows:
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In England: Primary Care Trusts, practice –based commissioners and GP’s
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In Wales: local health boards and Health Commission Wales
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In Scotland: the NHS board of the patient’s residence
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In Northern Ireland: health and social services boards
You can get advice from your local Patient Advice and Liaison Service as to which route best suits your medical and financial needs.
Even if prior authorisation is not compulsory for the treatment you have planned, it is well worth investigating to understand what you are likely to be reimbursed.
Whatever your circumstances, it is important to note that prior authorisation does not mean approval of your choice, or referral to your chosen country, and so it does not come with any duty of care. If you choose to leave the NHS system, it is your choice and your responsibility.
Planning aftercare
Even if you do not need prior authorisation under the Cross Border Healthcare Directive, you should still discuss your planned treatment in detail with your GP, consultant or other doctor. This will ensure that the treatment you have planned is appropriate, your medical information is shared in advance with your chosen facility and that appropriate aftercare can be planned.
While the UK has a duty to provide aftercare, even if you have treatment overseas, you cannot expect to simply turn up and be treated. Aftercare needs to be planned and booked in advance.
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