Showing posts with label NHS. Show all posts
Showing posts with label NHS. Show all posts

Thursday, October 17, 2013

Health costs and Democracy for Citizens in Europe




More comment on the Government Green paper
Concerning support for health costs in the EU
An example of why the Britons Abroad  in Europe and elsewhere  need Democratic Representation.
I appreciate the comments by readers of my circulars which have caused me to consider a further analysis of the situation on the costs of health care in Europe.
It involves a digging out of information in the EU regulations.
The consultative Green Paper is entitled
“Sustaining services, ensuring fairness”
A consultation on migrant access and their financial contribution to NHS provision in England.”
1.   This Green Paper was issued in July with a date of August 28th for the return of observations.  This is my immediate concern - The situation is unacceptable that people most affected by certain aspects are given no direct knowledge of this green paper, and no time at all to respond!

2.  The title gives no indication whatsoever that the contents also concern the health costs of British pensioners in the EU.  It is only by rare chance in October that I learned of its existence and quick action ensured that the contents were widely known.   

These concerns were particularly and rightly publicised (especially by The Connexion in France) because of the effect on the health costs of the ‘early retirees’ who would have their support for health care in the wider EU removed. 

Since then I have received comments which result in the analysis below.
The British State Pensioner abroad and treatment under the NHS.
The essence of this analysis is the ability of British State pensioners otherwise resident in other States of the EU to receive treatment under the NHS in Britain.
*See further note below for other British State Pensioners in the rest of the World.
At this present time – if you are a British State Pensioner and have at least 10 years of residence in the UK, but you happen now to be resident abroad, you are NOT entitled to free treatment under the NHS.  However many of us have received treatment in the UK.  Maybe only an eye test, sometimes more. 

[Confusion on this is introduced by the fact that the EHIC –health card – is issued by the UK to all British State Pensioners in the EU.  This card requires the UK to pay the health costs of those travelling to another EU State, which is not their resident State! Thus questioning the situation with regard to visits of pensioners to the UK.
Confusion also exists with the EU law which enables any citizen, retired or not, to travel to another State for treatment if that treatment is not available in one’s State of residence.]

The Green Paper in Annex A makes similar observations to some of the above.  It elsewhere suggests that in future the costing of  health for State pensioners in their resident  State within the EU could be thus affected:-
Clause 6.13  “The benefit to the UK of allowing state pensioners to return for their planned treatment would be a discount of 5% from payments to all countries to whom we make lump sum annual payments for our pensioners. “

The second phrase underlined relating to annual payments, refers to the EU Regulation 987/2009  and  to Annex 3 of that regulation.
This lists the States claiming payment for health treatment on the basis of fixed amounts. They are:- IRELAND, SPAIN, ITALY, MALTA, THE NETHERLANDS, PORTUGAL, FINLAND, SWEDEN, UNITED KINGDOM
It is to the countries listed above that the proposal to cut the fixed amount by 5% would apply.
All other countries claim the actual amount  and would not be affected. – e.g France, Belgium, Germany, Cyprus. etc in the EU…  The actual amount is the amount which the State of Residence has to find – not, as I have ascertained, the actual amount for the treatment as charged to the patient pensioner.  So in France the French State asks of Britain something considerably less than the full cost of the treatment to the patient.
The underlined phrase ‘planned treatment’ seems unnecessary. What is the significance of that phrase?

Then we need to look at EU Regulation 883/2004.  Annex IV to that regulation lists certain States where their Pensioner Nationals can return to their native land for health treatment [there is no reference to ‘planned treatment’ nor in the referenced article 27 here] – they are BELGIUM, GERMANY, GREECE, SPAIN, FRANCE, ITALY, LUXEMBOURG, AUSTRIA and SWEDEN.
Note that the United Kingdom is not listed.  The Green Paper would one supposes result in the UK being included in Annex IV. 
One of my correspondents has informed me that this is indeed what the Government is considering.
The result would be that qualifying Pensioners in the EU beyond the UK  could return quite legally to receive treatment under the NHS  and the confusion and uncertainties which has previously existed would be removed.

*Other qualifying  British State Pensioners resident elsewhere in the World would also benefit from a change in the regulations enabling treatment under the NHS on their occasional visits.  

The relationship of all this to the need for Representation in the Westminster Government.
If we had someone to represent us in Government then this rigmarole would not be necessary.  The DoH could consult with the representatives who would seek opinion from certain groups within each country.  A real democracy could come into being.
It is quite wrong in my view that the Government can produce such a ‘green paper’ and be apparently quite incapable of making appropriate contacts with the people most affected.
This is also so patently obvious with regard to the proposed Referendum.  This would affect the British Abroad in Europe very closely and yet are not in line to be consulted.
It is essential that we are Represented.


The address of the DoH is
International Healthcare Team
Department of Health
3rd Floor
Wellington House
133-155 Waterloo Road
London SE1 8UG
Email    migrantaccess@dh.gsi.gov.uk
(Remember that the consultation on the green paper closed on August 28th 2013)
The green paper is viewable at

Saturday, June 23, 2012

Health Costs - Europe June 2012



Posted by Brian Cave (lefourquet@gmail.com)
I have had correspondence  with  the EU officials on this subject and the response is not helpful.
My letter of February 22nd 2012 to Commissioner Andor can be read here
The reply from Jackie Morin [Head of Unit on Social Security Co-ordination]
of June 22nd can be read here.

Below I  transcribe relevant extracts from the EU Regulations relating to Health provision and costing for British Pensioners in France under EU law.
These regulations consist of  two kinds - the Basic and the Implementing.   The Implementing Regulations are dated 2009.  The Basic - 2004.  Both have the full power of Law.
The Implementing Regulations explain in detail how the Basic are to be used. The wording of the implementing regulation is very precise
I have coloured in portions – to make them easier to understand.
Greyed areas-  are of no interest, but given because they are referenced elsewhere.
Purple entries are added by myself by way of explanation.
N.B. The Basic regulations have been in operation (in a similar form but began under other Regulation headings -1408/1971 and 574/1972)  for many years.  The more recent Implementing regulation came into force on May 1st 2010.  From 1973 to the present day, payment was made via a formula laid down in Article 95 of the the Reg 574/1972 and not on 'actual amounts'. The current Implementing Regulations are more precise and definitive than the previous.
The UK joined the EU in 1973.
It seems to me obvious that  the currant regulations are not being implemented to the letter.
I leave it to the reader to comment – I should reply to Jackie Morin but  await  any views before so doing.   Views of people with a legal background would be helpful.   Brian Cave.
-------------------------------

REGULATION (EC) No 883/2004 OF THE EUROPEAN PARLIAMENT
AND OF THE COUNCIL
of 29 April 2004
on the coordination of social security systems
Article 24
No right to benefits in kind under the legislation of the Member State of residence
British Pensioners who have NEVER  paid  into the French Social Care system have no right to benefits under French Legislation.
1. A person who receives a pension or pensions under the legislation of one or more Member States and who is not entitled to benefits in kind under the legislation of the Member State of residence shall nevertheless receive such benefits for himself and the members of his family, insofar as he would be entitled thereto under the legislation of the Member State or of at least one of the Member States competent in respect of his pensions, if he resided in that Member State  (i.e the UK). The benefits in kind shall be provided at the expense of the institution referred to in paragraph 2 by the institution of the place of residence, as though the person concerned were entitled to a pension and benefits in kind under the legislation of that Member State.
2. In the cases covered by paragraph 1, the cost of benefits in kind shall be borne by the institution as determined in accordance with the following rules:
(a) where the pensioner is entitled to benefits in kind under the legislation of a single Member State, the cost shall be borne by the competent institution of that Member State (i.e. the Dept. of  Health/NHS)
(b) where the pensioner is entitled to benefits in kind under the legislation of two or more Member States, the cost thereof shall be borne by the competent institution of the Member State to whose legislation the person has been subject for the longest period of time; should the application of this rule result in several institutions being responsible for the cost of benefits, the cost shall be borne by the institution applying the legislation to which the pensioner was last subject.
Article 35
Reimbursements between institutions
1. The benefits in kind provided by the institution of a Member State on behalf of the institution of another Member State under this Chapter shall give rise to full reimbursement.
 2. The reimbursements referred to in paragraph 1 shall be determined and effected in accordance with the arrangements set out in the Implementing Regulation, either on production of proof of actual expenditure, or on the basis of fixed amounts for Member States the legal or administrative structures of which are such that the use of reimbursement on the basis of actual expenditure is not appropriate.
3. Two or more Member States, and their competent authorities, may provide for other methods of reimbursement or waive all reimbursement between the institutions coming under their jurisdiction.


CHAPTER 2
Benefits in respect of accidents at work and occupational diseases
-----------------------------
Article 41
Reimbursements between institutions
1. Article 35 shall also apply to benefits falling within this Chapter, and reimbursement shall be made on the basis of actual costs.

REGULATION (EC) No 987/2009 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 16 September 2009
laying down the procedure for implementing Regulation (EC) No 883/2004
on the coordination of social security systems
TITLE IV           FINANCIAL PROVISIONS
Chapter I
Reimbursement of the cost of benefits in application of Article 35 and Article 41 of the basic Regulation
SECTION 1
REIMBURSEMENT ON THE BASIS OF ACTUAL EXPENDITURE
Article 62
Principles
1. For the purposes of applying Article 35 and Article 41 of the basic Regulation, the actual amount of the expenses for benefits in kind, as shown in the accounts of the institution that provided them, shall be reimbursed to that institution by the competent institution (i.e the DoH/NHS), except where Article 63 of the implementing Regulation is applicable.

SECTION_ 2
REIMBURSEMENT ON THE BASIS OF FIXED AMOUNTS
Article 63
Identification of the Member States concerned
1. The Member States referred to in Article 35(2) of the basic Regulation, whose legal or  administrative structures are such that the use of reimbursement on the basis of actual  expenditure is not appropriate, are listed in Annex 3 to the implementing  Regulation.

Annex 3
France is not listed in Annex 3  and therefore will ask for repayment (for any British pensioners in France)  from the UK on the basis of ‘actual costs’.
The UK is listed and will ask France for repayment (for any French pensioners in the UK) on the basis of a fixed amount.
This annex 3 lists the following nations which will seek payment of health costs for foreign  EU pensioners on their territory by means of fixed sums.  Thus health payment provided in Britain for a French pensioner will be made via a 'fixed sum'.  All other countries (including France) will demand the 'actual amount' as defined above -so it seems!

IRELAND, SPAIN, ITALY, MALTA, THE NETHERLANDS, PORTUGAL, FINLAND, SWEDEN, UNITED KINGDOM

I was informed some time ago by the Department of Health that France will henceforth seek repayment of actual costs.

Sunday, September 27, 2009

Voting,Euros, Care, and the UK Parliament

To go to start of blog click here.
Years ago I visited Auschwitz.  The images have frequently been recalled.  From time to time with a grisly image in my mind I say 'The British expatriate would meekly be led to Auchswitz imagining that the laws are just'.  That same Bristish expatriate is allowing themselves or their fellow citizens to be abused here and there in so many small ways.  'It is not my problem!' they would say.  'I do not want to vote.'  Let the £ drop; let my fellow citizens go hungry; let me be restricted in my home country; let my children suffer in the educational system of England; let the teachers in retirement in France be overtaxed; let the aged who would wish to retire to Europe be financially hard-hit; let us be non-citizens in the wider Europe.
Britain in Europe?  Envisage the Future!  Britain it seems, flutters its eyelids towards America.  Is it so important for Gordon Brown to butter up Obama?  The British nation  turns its back on Europe.  The residents of the UK are hardly conscious of Europe and it seems are increasingly euro-sceptic.  Yet Europe grows daily more powerful.  Britain straddles Europe and the USA.  The USA
only respects Britain if Britain has a major role in Europe.  YET Britain stands outside the euro-zone. DISASTER!  It will sink doing 'the splits' painfully between Europe and the USA.   Do not we all see the effect of this blinkered policy all around us.  Some retired expats are being forced into poverty.  Every retired expat is watching their expenditure.
WHY this disaster?  Because Britain is the only major European nation not to have linked its currency to the Euro [Sweden is the only other exception].  It could have taken the same approach as Denmark, where the krone is linked to the Euro.  The inward facing UK population would never have noticed.
Now to change tack a little and view other aspects of British Life.  One wonders why so many 'asylum seekers' crowd to the shores of France to seek entry to Britain?  Why?  To learn English? I doubt it. A frequent suggestion is to to benefit from the NHS and benefits system; but is that true?  Will the NHS by being free to everyone bring down the British Nation?  A small group of expatriates is not only being taxed by the UK which helps to support the NHS but themselves have to find extra resources from a seriously declining income to cover their own health costs.   Could not some investigative journalist find out by questioning the immigrants  in Calais -what is it that makes the UK so attractive? Again, changing one's viewpoint - is one not somewhat appalled at the (hopefully a small section- who can say?) sub-culture of youth in Britain.  Will one's own family be ensnared in this?
Unfortunately it seems most expatriates, inexplicably, do not care a toss and will increasingly be led to damnation.
Yet if they would only make sure that they exercise their RIGHT to be represented in the UK Government they could make their voices heard!  Many have already lost their RIGHT, but morally it is their RIGHT.
Write to your MPs or to the Minister for Europe.
In Spring 2010 there is an election.  Make your voice heard!